This article provides an overview of the residency status and related matters for foreign nationals who wish to remain in Japan even after divorcing a Japanese national or a permanent resident.
1. The establishment of a divorce through mutual agreement or legal proceedings with a Japanese citizen.
After a foreign national marries a Japanese citizen and is granted the residence status of "Spouse or Child of Japanese National," allowing them to live together as a married couple in Japan, if circumstances arise where it becomes difficult to continue the marriage due to various reasons, resulting in divorce through mutual agreement or divorce proceedings, the criteria for the granted residence status "Spouse or Child of Japanese National" are no longer met. This is because the individual no longer engages in activities as a spouse, leading to the loss of eligibility for the residence status.
The loss of "applicability" of the residence status means that the individual no longer meets the criteria set for engaging in activities as a spouse, leading to the loss of applicability of the residence status. This does not imply the loss of the residence status itself or the period of stay associated with it.
The dissolution of marriage does not necessarily lead to the loss of the granted residency status or the period of stay associated with it.
After the divorce, the granted residency status and the duration of stay remain unchanged, allowing the individual to continue their activities and work freely as before.
Cancellation measures for residency status may be implemented, but it's important to note that the current residency status remains valid until such measures are taken. This interpretation is supported by precedents from past administrative litigation cases.
Furthermore, the same interpretation applies to foreign nationals who are married to permanent residents and hold the residency status of "Spouse of a Permanent Resident.”
On the other hand, it should be noted that under the immigration law, there are grounds for revoking the residency status of "Spouse of a Japanese National" or "Spouse of a Permanent Resident." According to these provisions, if more than six months have passed since the individual ceased to engage in activities as a spouse, the immigration authorities may take measures to revoke the residency status.
Based on this, it becomes necessary to either apply for a change to another residency status within six months or to return to one's home country permanently.
Additionally, the phrase "from the time when activities as a spouse cease" does not necessarily refer to the date of divorce in procedural terms but rather to the actual date when activities as a spouse cease, which is determined based on the circumstances.
If you wish to change to another residency status, you generally need to apply for a change of status of residence within six months. (However, this excludes cases where there are legitimate reasons for not engaging in activities as a spouse while residing in Japan.)
In such cases, if the foreign national desires to continue residing in Japan even after divorce from a Japanese national or permanent resident, they may apply for a change of residency status to "Permanent Resident" by submitting an application
However, in this case, approval is not guaranteed and is treated as a matter not specified by law. The Minister of Justice objectively evaluates the credibility of the application contents and submitted evidence, compares them with precedents, and considers the necessity of residing in Japan. If deemed necessary, the Minister of Justice may exercise discretion to grant special permission for a change of residency status to "Permanent Resident.”
Since this is an issue not specified by law, no criteria for approval are disclosed.
This application is excluded from consideration if the foreign national loses their residence status and period of stay by returning to their home country. Therefore, if one wishes to apply, it must be done within the granted period of stay.
If this application is approved, the individual will be granted a residence period of either 1 year, 3 years, or 5 years, and they will be able to work freely as a single person. If approval for this application cannot be obtained, the individual will need to consider either exploring a change to another residency status that meets the general statutory requirements stipulated by law or returning to their home country.
2. Cases where the residence status is changed to "Permanent Resident" after divorce
Below is the list of specific cases where the application for a change in residence status is permitted.
- The person becomes the custodian of the biological child born from the Japanese ex-husband and is required to nurture and care for the same child after divorce.
- The individual had no biological children; however, the marriage lasted for several years and, during that time, they maintained a practical marital life. Divorce became unavoidable because of the financial problem of the Japanese spouse
- Although they had no biological children, the marriage lasted for several years, during which they maintained a practical marital life. However, the individual experienced repeated domestic violence (DV) from their spouse (Permanent Resident), leading to police involvement. They temporarily sought refuge at an acquaintance's home and eventually had no choice but to divorce.
All of these cases involve exceptional treatment not stipulated by immigration laws, and it is evident from administrative precedents that examinations are conducted under extremely restricted approval criteria. In the review process, permissions are carefully determined at the discretion of the Minister of Justice.
Therefore, it is crucial to meticulously collect and organize supporting evidence. When preparing documents such as the application reason statement, it is essential to construct them based on factual circumstances, demonstrating that the reasons for approval are reasonable from that perspective.
Even in cases where approval seems likely, the content of the application statement and documents can sometimes lead to denial.
Among those who have consulted our office after being denied upon self-application, there have been cases where, had they consulted us beforehand, they might have obtained approval.
Since the approval criteria are not disclosed, the expertise, skills, and experience of the immigration lawyer become particularly crucial in such cases. Please be aware that misinformation can also be found on the internet.
Based on the above, when you wish to apply for a change, we highly recommend seeking professional support from our firm, where trusted experts well-versed in immigration laws and regulations can assist you. Our firm has handled numerous cases and obtained approvals.
