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Is it possible to revoke my permanent residence if I get divorced?
If you have a permanent resident status, you may be wondering if your permanent resident status will be revoked if you get divorced.
It's no wonder that divorce makes you feel uneasy, especially if you have a permanent resident's permission from your spouse's status of residence.
In this section, we will explain whether or not a person who has a permanent resident status will be revoked if he / she gets divorced.
▼ Basically, permanent residence is not revoked due to divorce.
First of all, from the conclusionDivorce does not revoke your permanent residence.
Once you have a permanent resident visa, you can live in Japan as a permanent resident without being canceled even if you divorce or bereavement.
Of course, those who are naturalized can continue to live as Japanese as well.
not just permanent residencySpouse visaIfYou must obtain a new visa or return to your home country before your period of stay expires.
Divorce and bereavement are not known in advance, so if you want to continue living in Japan after marriage, get permanent residence early.
It is especially advantageous to apply for a spouse visa during marriage, as family income requirements are subject to review.
However, if you get divorced before applying for a permanent residence visa,A case where a long-term resident visa was issued due to moral considerations.
For example,
- ● high quality of life after divorce
- ● Behavior is good
- ● Need to raise a minor child
The above examples are recognized.
If you are not divorced in a particularly good atmosphere, consider getting a permanent resident visa via a permanent resident visa.
▼ Cases where permanent residence is revoked after divorce
Permanent residence is not revoked after divorce, but of course there are cases where it is revoked.
Especially required when applying for permanent residenceIf the status of residence of "Japanese spouse, etc." is false, it will be revoked.
Other examples include the following cases:
- ● When the Immigration Bureau recognizes that the contents of the application for permission for permanent residence are false.
- ● When you leave Japan without using the re-entry permit system
- ● When you left Japan using the re-entry permit system and did not re-enter Japan by the deadline
- ● When you do not notify your new residence within 90 days after moving out of your registered residence
- ● When a false address is reported
In the above casesPermanent residence may be revoked.
For example, if you return to your home country to heal your depression after a divorce and stay in your home country for a long time, you will lose your permanent residency in Japan.
on re-entry"Deemed re-entry system"1 year forIf you have a re-entry permit, you will have a five-year deadline... (For more informationWhat kind of re-entry permit does a permanent resident need?(See)
If you want to maintain your permanent residence, be sure to enter Japan within the period.
What is the case where permanent residence is revoked?
What are the cases in which permanent residence is revoked other than those mentioned above?
Permanent residence is not revoked by divorce, but may be revoked by any other action.
In the past cases, the permanent residence was revoked in the following cases.
- ● When you left Japan using the special re-entry system but did not return after one year
- ● When it is discovered that you have declared false applications or false documents when entering Japan in the past
- ● When you have been punished for committing a crime such as drugs, stimulants, or prostitution
As aboveActs that are not goodIf so, your permanent residence will be revoked.
Especially in the case of special re-entry,Permission can only be granted in JapanTherefore, even if you go to the Japanese embassy in that country thinking that you have forgotten the procedure, basically they will not be able to help you.
It's easy to be alert because you can freely come and go overseas, but in the event of a situation like the new coronavirus that has been rampant since the end of 2019, there is a possibility that your return schedule will be delayed and canceled.
If you are a permanent resident and you are leaving the country, prepare for unforeseen circumstances.Departure after obtaining a re-entry permit instead of special re-entryis recommended.
Also, those who have obtained permanent residencyBeing goodis asked.
Therefore, if you commit a crime such as narcotics, stimulants, or prostitution and are sentenced to a certain punishment, your permanent residence may be revoked.
Narcotics and stimulants are basically not allowed in Japan, so don't use them even if they are approved in your home country.
Even when applying at the time of entrya falsehood is revealedThen,DeportationDon't do it because it's possible.
Reasons for revocation of status of residence
If you have a status of residence, it may be revoked after divorce.
When a spouse or other visa divorces, do I have to move out immediately? That is not the case.
basically even after divorceIt is possible to stay until the period of stay of the spouse visa.
If you stay in Japan, during the period in betweenIt is OK if you obtain another status of residenceHas become.
The law also states that cancellation is possible if you have been in Japan for more than 6 months without any justifiable reason and have been active as a person with the status of your spouse.
Therefore, the law stipulatesNeed to change status of residence within 6 months.
On the other hand, there are cases where some people are not eligible for cancellation due to unavoidable circumstances.
- ● In the process of divorce mediation with a spouse or in the process of divorce litigation
- ● Separated from spouse due to unavoidable circumstances, but living together
- ● Subject to spousal violence (DV) and in need of temporary refuge or protection
- ● You have been out of the country for a long period of time with a re-entry permit due to an injury or illness of a relative in your home country.
In the above casesmay not be revoked.
In addition, Real childIf there isCitizenshipIt depends on.
ChildrenJapanese nationalityIf you holdIt is possible to continue living in Japan without affecting children.
On the other hand, childrenForeign nationalitywasSpouse visaBe careful because it is
If the parent's status of residence is also a spouse's visa, the child's status of residence will change.
Because of issues related to your child's identity, act to ensure that your status of residence is not revoked after divorce.
What to do if your status of residence is revoked
If the status of residence is revoked,Deportationis taken and forced to leave Japan.
However, since it is a highly malicious deception or a foreigner who has been licensed by unjust means, many people will not be eligible.
Rather, it was a departure order issued after the residence status was revoked.Forced deportation due to failure to leave the country within the specified grace periodis closer.
Therefore, if the Immigration Bureau of Japan decides that the status of residence will be revoked, the first thing that will be done is to hear the opinions of the relevant foreigner.
The immigration inspector decides whether to revoke the status of residence based on what he heard during the hearing.
Examinations are basically conducted in a fair manner,Foreigners who cannot speak Japanese well should be careful.
Where to hear opinionsoften speaks in JapaneseTherefore, if you can't convey your thoughts well, you may be taken negatively.
Therefore, if you are not confident in your Japanese language skills, it would be a good idea to hire a lawyer or specialist to represent you if you appear in court for the purpose of revoking your status of residence.
Not only does it convey your feelings, but it also proves that you are a person who is sufficient to have a status of residence by collecting necessary materials and evidence.
It is not a dream to invalidate the revocation of the status of residence by asking a third party for cooperation.
If your status of residence is revoked and the examination fails, unfortunately you will have to leave Japan.
Then,Since there is a landing refusal period for one year after leaving Japan, you will not be able to enter the country.
Deportationlonger forRefusal to enter for 5 yearsWill be
It takes time to return to Japan after leaving Japan, so try not to cancel it as much as possible!
If you have any concerns or questions regarding permanent residence after divorce, please contact Climb.
Please feel free to contact us by phone or inquiry form!
