What to do if a foreigner divorces on a spouse visa

2022-09-02

A spouse visa is issued based on the status of the spouse when a foreigner is married to a Japanese (person with Japanese citizenship).

If a foreigner on a spouse visa divorces their Japanese spouse, they are no longer eligible for a spouse visa because they are no longer married.

Therefore, if they wish to continue to stay in Japan after a divorce, they need to consider options other than a spouse visa.

This article is about what to do if a person who has a spouse visa gets divorced.

If you divorce, your eligibility for a spouse visa expires

If a foreign national on a spouse visa divorces their Japanese spouse, the spouse visa becomes invalid.

A spouse visa is a qualification issued based on the status of the spouse of a Japanese national. Therefore, if you divorce and are no longer the spouse of a Japanese citizen, you will lose your eligibility for a spouse visa.

Apply for another visa to continue your stay

To continue to stay in Japan after a divorce, you need to apply for a visa other than the spouse visa.

The main ways to obtain another visa are:

  • Find a job in Japan and apply for a work visa.
  • Start a business
  • Marry a Japanese citizen and apply for a spouse visa
  • Marry a permanent resident (a foreigner who has the right to live permanently in Japan) and apply for a permanent resident spouse visa

It is common to find a job in Japan and apply for a work visa, but certain educational requirements and work experience are required.

If it is difficult to obtain another visa after the divorce, for example, if you are not in a situation where you can obtain a work visa, you can also apply for a long-term residence visa before the divorce.

You may be able to obtain long-term residence

If you are divorced and lose your eligibility for a spouse visa, you may be able to obtain a long-term resident visa depending on your circumstances.

A long-term resident visa is a visa issued primarily for humanitarian reasons to foreigners living in Japan.

To obtain a long-term resident visa, you usually need to meet the following requirements.

  • You have a child with your divorced spouse and that child is a Japanese citizen 
  • You have been married for at least 3 years (if you do not have children)
  • Good behavior (no criminal record or unpaid taxes) 
  • Your primary residence is in Japan