Divorced or widowed on a spouse visa in Japan: the 14-day notification, the 6-month rule and your options

1. Who this article is for

This article is for foreign nationals in Japan who hold one of these statuses as a spouse:

• Spouse or Child of Japanese National (nihonjin no haigusha-to), as the spouse of a Japanese national
• Spouse or Child of Permanent Resident (eijusha no haigusha-to), as the spouse of a permanent resident or special permanent resident

It covers three situations: you have divorced, your spouse has died, or you are separated and the marriage has broken down. If you hold “Dependent” status as the spouse of a work visa holder, the 14-day notification in section 2 also applies to you, but the rest of this article does not.

2. Step 1: file the notification regarding your spouse within 14 days

Under Article 19-16 of the Immigration Control and Refugee Recognition Act, a mid- to long-term resident who holds one of the statuses above must notify the Immigration Services Agency (ISA) within 14 days of a divorce or the death of their spouse. This is called the “notification regarding the spouse” (haigusha ni kansuru todokede).

The 14 days run from the date the divorce took legal effect or the date of death. For a divorce by agreement in Japan (kyogi rikon), that is the date your city or ward office accepted the divorce registration. For a divorce through family court mediation, it is the date the mediation was concluded, and for a court judgment, the date the judgment became final.

3. Your status after the marriage ends: the 6-month rule

A common misunderstanding is that your status ends on the day you divorce. It does not. Your residence card and period of stay remain valid until the expiry date, unless your status is revoked. Two points, however, are important.

You cannot extend a spouse visa after the marriage has ended

For immigration purposes, a “spouse” means someone whose marriage is legally valid now. A former spouse or a widow or widower no longer fits the status, so an extension as a spouse will not be granted. To stay beyond your current expiry date, you need a change of status.

Revocation after 6 months

Under Article 22-4, paragraph 1, item 7 of the Act, the ISA can revoke the status of a person who holds a spouse-based status and has not engaged in activities as a spouse for 6 months or more, unless there is a legitimate reason. Typical examples are divorce, the death of the spouse and a marriage with no real substance. A Tokyo District Court judgment (November 13, 2019) described this as a case where 6 months or more have passed since the marriage legally ended, or where the marriage, though still legally valid, has objectively lost its real basis for 6 months or more.

In practice, the following are treated as examples of a legitimate reason (the decision is made case by case):

• You need temporary refuge or protection because of domestic violence (DV) by your spouse.
• You have been abroad for a long period on a re-entry permit because a relative in your home country is ill or injured.
• Divorce mediation or a divorce lawsuit is in progress.
• You are living apart after a temporary quarrel, but the marriage is expected to recover.

Revocation is not automatic. The ISA first holds a hearing, where you can state your case and submit evidence. Before revoking a status under item 7, the ISA must consider giving you the opportunity to apply for a change of status (Article 22-5). In practice, if you are told you may apply and do not do so within about 30 days without good reason, the revocation procedure goes ahead. If your status is revoked on this ground, you are normally given a set period to leave Japan, generally up to 30 days.

4. Your options for staying in Japan

Which status you can aim for depends on your marriage history, your children, your work and your education. The main options are:

If none of these fits, the remaining choice is to leave Japan before your period of stay expires. If you may want to come back later, keeping a clean record (filing your notifications, paying taxes and leaving on time) will help any future application.

5. Long-Term Resident after divorce or the death of your spouse

This route is for people who wish to remain in Japan after divorce from, or the death of, a spouse who is a Japanese national, a permanent resident or a special permanent resident. The ISA has not published its full criteria. In practice, besides the length and reality of the marriage (see below), the following points are examined:

• You have secured work that gives you a sufficient income.
• You have enough Japanese for daily life and normal social activities. Passing a specific test such as the JLPT is not required. It is enough that you can communicate in the application form and in an interview.
• You have fulfilled, and are expected to fulfill, your public duties (taxes, social insurance, notifications).
• You do not have a record of bad conduct.

Whether a “normal married and family life” actually continued is checked carefully, where possible by hearing from both former spouses.

How long must the marriage have lasted?

No official figure is published. In practice, about 3 years of living together as a married couple in Japan is widely regarded as the standard. A “normal married life” means living as an ordinary couple. A period of living apart does not automatically break it, as long as mutual support and contact continued. Where the marriage ended because of DV by the spouse, the immigration office may grant the change even with a shorter period. Because the core criterion is not disclosed, this point should be judged carefully in each case.

The circumstances of the divorce matter. The immigration office may hear from both former spouses to confirm the facts. Write your statement of reasons honestly and in detail. For more on the documents and our view of this route, see our page on Long-Term Resident (divorce).

6. Long-Term Resident as a parent raising a Japanese national’s child

If you have a child with your Japanese former spouse, this route may be open even if your marriage was short. In practice, two requirements apply:

• You have assets or skills sufficient to support yourself.
• You are raising a child born to you and a Japanese national, and you hold parental authority (shinken) over the child and have actually been raising the child for a considerable period.

A “child of a Japanese national” means a child whose father or mother was a Japanese national at the time of the child’s birth, whether or not the parents were married. The child’s own nationality does not matter. If the child does not have Japanese nationality and was born outside marriage, the Japanese father must have legally acknowledged (ninchi) the child.

When you apply, you will be asked to state that you wish to live with and support the child, and to submit a written statement that you will raise the child yourself while in Japan. The immigration office may carry out an on-site check of your living situation. At each extension, it confirms that you are still raising the child.

Even if you do not meet these requirements, your case may still be considered if there are special circumstances that can be regarded as equivalent. One of the ISA’s published examples (see section 8) is a father without custody who was paying child support every month.

7. Separated but not yet divorced

If you are still legally married, your situation depends on where the marriage stands.

• Divorce mediation or a lawsuit is in progress: this is a legitimate reason under the 6-month rule. In practice, where an extension of your spouse status is granted in this situation, the period of stay is usually 6 months. This does not apply where neither spouse intends to continue the marriage.
• The marriage has broken down for good: where neither spouse intends to continue the marriage and cooperation has stopped with no chance of repair, a change to Long-Term Resident may be granted on the same requirements as in section 5. If the immigration office finds that the marriage has not yet broken down, it will instead consider an extension of your current spouse status.
• You have left home because of DV: temporary refuge or protection from DV is a legitimate reason. Keep records such as medical certificates, consultations with a support center and police reports. They are important evidence both for your current status and for a later Long-Term Resident application.

8. What the ISA’s published case examples show

The ISA has published examples of changes from a spouse status to Long-Term Resident that were granted and refused. A selection:

Summary of selected ISA case examples

The refused cases show that the length of the marriage on paper is not enough. The immigration office looks at whether the couple actually lived together as a married couple, the applicant’s conduct, and the time spent abroad. Even where DV is claimed, a very short period of living together can lead to a refusal.

9. A practical checklist

1. Within 14 days: file the notification regarding your spouse.
2. Check your dates: the date the marriage ended, your period of stay and how long you lived together in Japan.
3. Decide which status to aim for (sections 4 to 7). If you are thinking of a work visa, check your education and the job offer early.
4. Collect documents: a family register (koseki) certificate or other record showing the divorce or death, a certificate of residence (juminhyo), tax and social insurance payment records, and proof of employment and income. If you are raising a child, collect records showing custody and that the child lives with you.
5. Apply for the change of status without delay, and in any case before your period of stay expires. If you apply in time, you may stay in Japan while the application is pending, up to 2 months after your original expiry date.
6. Keep paying your taxes, national health insurance and pension contributions. After a divorce, your health insurance and pension enrollment may change, so check with your city or ward office.

If your application is refused, you can ask the immigration office for the reasons. See our article on what to do if your visa application is denied in Japan. We also offer an accompaniment service for hearing the reasons for a refusal.

10. FAQ

Can I keep working after the divorce?

Spouse statuses do not limit the type of work you can do, and your status remains valid until it expires or is revoked. However, working does not stop the 6-month clock in section 3. If you want to rely on your job, look into a work visa or the Long-Term Resident routes early.

I divorced a permanent resident. Does this article apply to me?

Yes. The 14-day notification, the 6-month rule and the Long-Term Resident route after divorce or death apply in the same way to holders of “Spouse or Child of Permanent Resident” status. The route in section 6 is specific to children of Japanese nationals.

Do I need to pass the JLPT?

No. Passing a specific Japanese test is not required. What matters is whether you can communicate in Japanese well enough for daily life, for example in your application form and in an interview.

My spouse died suddenly. Is the process the same?

Yes, the same 14-day notification and the same Long-Term Resident route apply. The ISA’s examples include both granted and refused cases after the death of a spouse. Whether you actually lived together as a married couple and whether you have a stable basis for living in Japan are central.

My divorce was finalized in my home country. When does the 14-day period start?

It runs from the date the divorce took effect. For a divorce completed abroad, that date depends on the law of the country where it was made, and the divorce usually also needs to be reported in Japan. If your former spouse is Japanese, the divorce will normally be recorded in the koseki. If you are unsure of the effective date, file the notification as soon as possible rather than waiting.

Disclaimer: This article is provided for general information only and is not legal advice on any individual case. The information is based on sources available as of October 23, 2026. Laws, guidelines and their application may change without notice. The practical standards described in this article are not official criteria published by the ISA. TKG Immigration Consulting Office accepts no liability for any loss or damage arising from the use of this information. In case of any difference between our English descriptions and the original Japanese texts, the Japanese texts prevail.