What to do if you get divorced on a family stay visa

Divorced will no longer qualify for a family stay visa

If you get divorced while staying in Japan on an overseas visa, many people may want to continue living in Japan.
There are various cases, such as when you get married to another foreigner or Japanese immediately after divorce, or when you have lived in Japan for too long and it is difficult to find a job even if you return to your home country.
In this article, for those who have been divorced, we will explain the scope of application for a dependent visa and what to do if you are no longer eligible.

▼ The prerequisite for a dependent visa is that the person in question

The family stay visa is premised on the owner.
Therefore, if you were residing in Japan on a dependent visa, if you divorce, you will no longer be a spouse and will fall outside of this scope.

This applies not only to foreigners who are married, but also to spouses of Japanese spouses and permanent residents.
This is because by marrying a Japanese person, permanent resident, or person with a working visa, you are staying in Japan with permission from the visa.

From the above,If you want to stay in Japan without returning to your home country after divorce, you will have to obtain a visa for residence on your own..

Of course it is better to act immediately, but3 months for family stay, 6 months for Japanese / permanent residentAnd a period is set.
During this time, it is a good idea to be prepared to apply for a change to switch visa types.
This is because your visa does not expire the moment you get divorced, but you can ostensibly stay in the country.

However, according to the immigration law, you can revoke your visa after a certain period of time, so we recommend that you act as soon as possible.

▼ Notification must be submitted to the Immigration Bureau within 14 days of divorce

If a person staying in Japan on a family stay visa divorces or bereaved of his / her spouse,Submit a "spouse notification" to the Immigration Bureau within 14 daysIs obligatory.

If you do not submit it within 14 days or submit a false notification, your status of residence will be revoked.There is a possibility.
Under the Immigration Law,In principle, 3 months or more after divorcePlease note that once this period has passed, your status of residence will be revoked.
Also, if you are considering changing from a dependent visa to a work visa etc. when you divorce, you may not be able to change your visa if you do not submit it within 3 months.

Therefore, if you want to continue living in Japan, it is recommended that you act early.

▼ After divorce, you need to apply for a visa change within 3 months

If you want to continue working in Japan after divorceYou must complete the visa change procedure within 3 months..
At that time, if you had a part-time job for activities outside the status of a family stay visa, you may be wondering if you can continue to work if you continue to obtain a work visa.
To start with the conclusion,It cannot be obtained through part-time work as it does not qualify as a work visa..

This is because it is said that work visas do not apply to light work in factories, waitresses in restaurants, and clerk at convenience stores, which are common places to work.
Work visas are for more specialized professions (interpreters, translators, engineers, cooks, etc.) and are therefore out of scope for unskilled labor part-time jobs.
On the other hand, if you want to get a work visa, you need to meet the conditions such as educational background and years of work experience, so it is a fact that it is difficult for some people.

If you have difficulty with a work visa, you can change to one of the following visas.

It's more difficult than a work visa, but if you can get one, apply within three months of your divorce.

However, please note that it is not possible to switch to a long-term resident visa.

▼ Possibility of visa cancellation within 6 months after divorce

If a foreigner who was married to a Japanese and stayed in Japan on a family stay visa divorcedIf 6 months have passed without notification, your visa may be cancelled..
Therefore, if you want to continue living in Japan even after divorcing a Japanese person, you must obtain a work visa within 6 months.

However, even if more than 6 months have passed, it does not mean that you cannot apply, so it is important to think carefully before taking action.
In addition, the following cases are accepted as valid reasons for not being able to apply.

● If you are in need of temporary refuge or protection due to spousal violence (DV).
● If you live separately from your spouse due to unavoidable circumstances such as raising children, but you still make a living together.
● If you are leaving the country for a long period of time with a re-entry permit (including a special re-entry permit) due to injury or illness of a relative in your home country.
● If you are in the middle of divorce mediation or divorce litigation.

In these cases, where it is difficult to apply, the six-month period may be specially extended.
If so, be calm before you act.

What visas can I change after divorce?

As mentioned above, if a family stay visa is divorced, you must change the visa within 3 months. What kind of visa can you change?

The following three are possible main candidates.

XNUMX. XNUMX.work visa
XNUMX. XNUMX.Spouse visa
XNUMX. XNUMX.If there are other special circumstances

There may be other people who are thinking of changing to a long-term resident visa,basically cannot be changed.
Therefore, you will have to choose one of these three.
Let's take a closer look at each one.

▼ Working visa

The most likely change from a dependent visa iswork visaIt will be.
If you have graduated from university or have extensive work experience, you will be considered as a candidate first.
In particular, if you have already decided on a job after divorce, there is a good chance that you will be able to change to a working visa.

However, in that case, please note that a part-time job within 28 hours per week, which is permitted within the scope of a family stay visa, will not be accepted as a work visa job.
Even if you find a job, it is possible that you do not meet the requirements for a work visa because it will be judged based on your educational background, experience, and job description.

In addition to work visas, you can get one, for example, if you have a high degree of education, high income, or graduated from a Japanese university.Highly professional visaIt is also possible to change to.
If you have abundant funds, set up a company after preparing a business plan, etc.Management · management visaThere is also a way to get.

At first glance, there may seem to be many options, but the reality is that it is difficult to change any of them.

▼ Spouse visa

Marrying someone else after divorce rather than a work visaSpouse visaThere is also a way to obtain .
There are two types of spouse visasJapanese spouse visaとPermanent resident visaCan be obtained.

In this case, there is no problem if you love each other and get married.
However, in the case of a marriage with a very short dating period,suspected of a fake marriageMore likely.
Therefore, when applying, please carefully explain the circumstances leading up to your marriage.

In addition, when it comes to marriage, it is possible to remarry someone on a work visa or study abroad visa, but in that case, it will be a dependent visa.
It may seem like you don't need to apply because you are still on a dependent visa, but since your spouse has changed, you will need to apply.

Again, if you have only been dating for a short time, you may be suspected of a fake marriage, so please explain this carefully.

▼ If there are other special circumstances

Having said that, some people may find it difficult to obtain a work visa or a spouse visa.
In that case, as another option, special circumstances are also taken into consideration.

There are various cases of special circumstances depending on the person, but for example,

● I have lived in Japan since my child was born and can only speak Japanese.
● I have lived in Japan for a long time, and even if I contribute, it is difficult to find a job and I have no friends or family, so life is difficult.
● I have an intractable disease that cannot be treated in my home country, and treatment in Japan is essential.

Such a case can be considered.
In both cases, returning to Japan is expected to cause significant disadvantages.
In these cases, you may be able to receive special permission to stay, so it is a good idea to apply.

However, please note that even in the above circumstances, permission will not necessarily be granted.

If you are divorced with a family stay visa, please contact Climb for visa consultation!
Please feel free to contact us by phone or inquiry form!

Click here for consultations and inquiries