What happens to my visa if a foreigner divorces in Japan?

1. In the beginning

There are 29 types of status of residence (so-called visas) in Japan.
The activities you can do in Japan vary depending on the type of residence status.
Some foreigners living in Japan do so not for work.I have a status of residence because I am married to a partner who lives in Japan.There are people.
The types of residence status are:"Spouse, etc. of Japanese national," "Spouse, etc. of permanent resident (special permanent resident)," "Dependent stay,"There are three examples:
If a person with such status of residence divorces, he / she loses the grounds for continuing to live in Japan.

Here, we will explain the status of residence when a foreigner staying in Japan with the status of residence of his spouse has divorced.

2. Differences depending on residence status at the time of marriage

As previously mentioned,If a foreigner staying in Japan with a spouse's status of residence is divorcedLose the grounds for staying in Japan.
However, the options after divorce differ depending on the status of residence you have.

▼ If you are a spouse, etc. of a Japanese national or a permanent resident (special permanent resident)

If this status of residence is divorcedWithin 6 months from the date of divorceI have to change to another status of residence.It falls under the grounds for revocation of residence status.Therefore, you will not be able to continue staying in Japan.

Which status of residence you choose depends on your background and wishes, but as one of your optionsSettlerIt will be considered.
If the change to long-term resident status is approved, you will be able to continue staying in Japan with almost the same restrictions as your previous status of residence.
The main difference from the previous status of residence is thatNumber of years required to apply for permanent residence or naturalization.

However, not everyone can change to a long-term resident status.
"Permanent resident"The Minister of Justicespecial reasons taken into accountThis refers to a person who is granted residence by designating a certain period of stay.
Among them, there are people whose status has been specifically announced as a special reason (such as third-generation Japanese Americans and Japanese nationals who remained in China).
There is no provision in the public notice for a spouse of a Japanese national or a spouse of a permanent resident to change to a long-term resident after divorce.Application other than notificationAnd,Is it possible or not?Immigration examinationdetermined by.
As a guideDivorce after a substantive marriage continued in Japan for more than three yearsOrEven if you have been physically married for two years, you still have children.is likely to be recognized.
This is because the foreigner's retention in Japan may be recognized.

However, if this number of years has passed, it does not necessarily mean that permission will be granted.
You need money to live in Japan.
If you don't have the money, you have to work.
It is not possible to grant a status of residence to foreigners who are likely to receive welfare assistance.
Therefore, after divorce, it is difficult to live on your own.secure incomeIt is necessary to do so.
If you are not a full-time housewife before divorce and have no property, look for a job immediately.
In some cases, permission may be given because you are planning to work, but it is easier to get permission for immigration if you have a secured income source.

▼ If you are staying with family

If a foreigner residing in Japan with a family status of residence divorces the person (spouse to hold the status of residence)Within 3 months from the date of divorceI have to change to another status of residence.It falls under the grounds for revocation of residence status.To do.
For family stays, please refer to the above explanation.Changes to long-term residence are basically not allowed..
Therefore, it is necessary to change the status of residence according to the purpose of residence.

If you are remarried to a foreigner with a working status of residence, you will stay in the family, and if you are remarried to a Japanese or permanent resident, your spouse, etc. If you have a background (educational background or work history), you can change to a working status of residence.
As explained at the beginning, there are 29 types of status of residence in Japan.
And each of them has its own activities, and there are some standards that foreigners must meet.
Think carefully about what you want to do and what you can do in Japan, and then decide which status of residence you want to change to.

▼ If you are a permanent resident

If a foreigner residing in Japan with a permanent resident status of residence is divorced, there are no special procedures that must be taken.
As with Japanese people, the procedure is complete when you submit the divorce notice to the government office.
Even if you become a permanent resident from your spouse’s residence status,Permanent residence will not be revoked due to divorce.
(However, this does not apply if it turns out that the marriage was a sham.)

3. Points to note when getting divorced

Article 19-16, item 3 of the Immigration Control and Refugee Recognition Act states:Mid- to long-term residents who are divorced or divorced from their spouse and have a status of residence such as family stay, Japanese spouse, spouse of permanent resident, etc. shall be notified of their spouse within 14 days from the date of the above reasons. To do” has been established.
There are many foreigners who do not know about this notification.
There are few penalties for not reporting, but in some cases you may be fined.
If a foreigner with the above status of residence gets divorced, be sure to notify the divorce.

4. Options after divorce

There are many options after divorce.
Of course, you may have the option of returning to your home country, but if you change to another status of residence and continue to stay in Japan, the status of residence you can change to depends on your career.
Each of the 29 types of status of residence in Japan has its own activities and standards.
Unless you at least meet the criteria, you won't even have a chance to apply for a change.
If you want to change your status of residence, first

• ・What do you want to do in Japan?
• ・What status of residence do I need to do what I want to do?
• ・Do you meet the criteria to obtain that status of residence?

It would be a good idea to check.

5. Grace period for changing residence status

As already explained above, you need a basis to have a status of residence.
The rationale is that if you are a "Japanese spouse, etc.", you have a marital relationship with the Japanese.
If the grounds are lost (divorced), you will need to change your status of residence within a certain period of time.
(You can continue to stay legally until the expiration date without changing it, but it will be difficult to change to another status of residence due to poor residence status.)
The fixed period depends on your status of residence.
Japanese spouse etc.,Spouse of permanent resident etc.If you haveWithin a month,Family stayIf you possessWithin a monthYou need to change your status of residence.
If this period has passedReason for cancellation of status of residenceIf you wish to stay in Japan in the future, it is important to change to another status of residence within the above period.

6. Regarding custody after divorce

Custody issues may arise in divorces where there are children.There are no provisions regarding parental authority in the residence status system..
Therefore, no penalty will be incurred regardless of who has custody.

7. summary

If a foreigner residing in Japan with a spouse's status of residence divorces, the status of residence is important.
This is because, as mentioned above, divorce eliminates the basis for maintaining status of residence.
If you do not have the proper status of residence, you will be an illegal survivor, so be sure to select the status of residence that suits you and follow the procedure for change.
If you are not sure what type of residence status you can change to,Climb Immigration Lawyer OfficePlease feel free to contact us.
Based on approximately 1,000 applications per year, we will propose the most suitable status of residence for each customer.

For questions regarding visas after divorce, please contact Climb
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