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対応エリア:新宿、大久保、四谷、池袋、千代田区、渋谷区、港区など東京都内・埼玉県

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When a foreigner divorces his/her spouse

If a foreigner is residing in Japan as a spouse of a Japanese national or permanent resident and seeking to continue to stay in Japan after divorce, he/she needs to consider to implementing either of the following procedures.

Obtaining Working Visa

If a foreigner can satisfy the requirements of academic background and/or professional experience for obtaining a working visa, he/she is able to change his/her current status of residence to any of working visa such as the "Engineer/Specialist in Humanities/International Services" or the "Highly Skilled Professional". 
If a foreigner has enough financial resources to establish his/her business in Japan, the "Business Manager" may be granted if he/she fulfills other permissible standards. 

(Note)
A foreign resident with the "Spouse or Child of Japanese National" or the "Spouse or Child of Permanent Resident" status does not have any restriction in terms of the scope of his/her working activities; therefore, he/she is allowed to engage in any kind of working activities in Japan including so-called "unskilled labor" during he/she holds the current status of residence.
However, a foreigner who has changed his/her current status of residence and obtained any kind of working visa is only allowed to engage in working activities permitted under the authorized working status. In other words, the foreigner is no longer allowable to engage in so called "unskilled labor" after obtaining a working visa. 

Obtaining "Student Visa"

If a foreigner has financial resources or support to study at a university or vocational school, he/she is able to apply for the "Student" visa.
If a foreigner is unable to obtain a working visa, because he/she does not meet the permissible standards, he/she will be able to acquire a working visa after graduating from a university or vocational school. 
A holder of the "Student" visa is able to engage in working activities including so called "unskilled labor" after obtaining permission for engagement in out of scope activities.  

Changing the Status to "Long-Term Resident"

If a foreigner satisfies any of the following conditions, he/she may be able to change his/her current status of residence to the "Long-Term Resident". The "Long-Term Resident" status is permitted to engage in any kind of working activities including so called "unskilled labor" as well as the "Spouse or Child of Japanese National" status or the "Spouse or Child of Permanent Resident" status. Furthermore, if the total holding period of status of residence of the "Long-Term Resident" with the duration period of more than three years and either "Spouse or Child of Japanese National" or the "Spouse or Child of Permanent Resident" becomes in five years, the permanent residence status may possibly be granted.

(Requirements)

  • A foreigner who has divorced after the lapse of a certain period (three years*), and has a fixed income or sufficient assets in order to make an independent living in Japan, or 
  • A foreigner who has divorced and is currently taking care and raising of his/her child with parental authority whom father or mother has Japanese nationality when the child was born.
    *excluding the period of separation 

(Notes)

  • If a foreigner is currently holding the "Spouse or Child of Japanese National" status, and has remarried with other Japanese national after divorce, he/she is able to maintain the current status of residence without applying for permission for change of status of residence. (※)
  • If a foreigner is currently holding the "Spouse or Child of Permanent Resident" status, and has remarried with other permanent resident, he/she is able to maintain the current status of residence without applying for permission for change of status of residence. (※)
  • If a foreigner is currently holding the "Spouse or Child of Japanese National" status or the "Spouse or Child of Permanent Resident" status, and has remarried with other foreign national, he/she must apply for permission for change of status of residence in order to obtain the appropriate status of residence such as the "Dependent". (※)
  • If a spouse has failed to engage in the applicable activities as a spouse under the status of residence for over 6 months without any "justifiable grounds (see the attachment below)", his/her status of residence shall be revoked.
  • There are many issues to settle for a foreigner if he/she is planning to continue to stay in Japan after divorce. Therefore, a foreigner is recommended to make sufficient preparations in advance before the separation. Moreover, a foreigner should pay attention to his/her current period of stay.

(※)There is a case for a foreigner to submit a notice to the regional immigration services bureau.  
(※)When a foreigner with the "Long-Term Resident" status divorces, he/she is not require to submit the above notice.