"Long-Term Resident (定住者)" Visa - “Divorced Long-Term Resident (離婚定住)” Category
If you wish to continue to reside in Japan after divorce from your Japanese spouse, “Permanent Resident (永住者)” spouse, or “Special Permanent Resident (特別永住者)” spouse, you may apply for permission to change your status of residence to a “Long-Term Resident (定住者)” visa.
*Note 1: First, when you divorce, you must report to the Immigration Bureau within 14 days of the divorce by submitting a "notification regarding the spouse (配偶者に関する届出)." Even if more than 14 days have passed since the divorce, you must promptly report it.
*Note 2: Even if you meet the requirements of this visa, your application will not always be approved. You need to take a careful preparation, considering applying for another visa (status of residence) in case your application is not approved.
Requirements for the Permission of "Long-Term Resident (定住者)" Visa - “Divorced Long-Term Resident (離婚定住)” Category
This “Long-Term Resident (定住者)” visa is called a “Divorced Long-Term Resident (離婚定住)” category. To obtain this visa, you must meet all of the following requirements.
1. Your marriage and family life in Japan must have been "normal" for at least three years.
The term "normal" refers to living a normal family life as a couple. Therefore, even if there was a period of separation during your marriage, if mutual assistance and interaction as a couple are recognized to have continued, you meet this requirement.
2. You must have sufficient assets or skills to earn a living.
3. You must have sufficient Japanese language proficiency for daily life and not have difficulty leading a normal social life.
“Sufficient Japanese language proficiency” means, for example, that you can communicate in Japanese on the application form and during interviews with the Immigration Bureau if requested. You are not required to have passed a specific Japanese language test such as JLPT (Japanese-Language Proficiency Test).
4. You must have fulfilled or be expected to fulfill your obligations as a resident in Japan.
"Obligations" include one that if you divorce, you must report it to the Immigration Bureau within 14 days of the divorce by submitting a "notification regarding the spouse (配偶者に関する届出)." Even if more than 14 days have passed since the divorce, you must report it immediately.
You must also fulfill other obligations such as paying taxes, national pension contributions, and national health insurance contributions.
You should also know...
In the case of this “Divorced Long-Term Resident (離婚定住)” category, the reasons and circumstances that led to your divorce are also considered important. In your statement of reasons for the application, you should explain the exact details of the events leading up to your marriage and divorce. In addition, the Immigration Bureau's officer may ask your divorced ex-spouse about the reasons and circumstances of the divorce. So, avoid knowingly writing something untrue in your statement of reasons for application.
If you are divorced because of domestic violence by your ex-spouse, your chances of being granted “Long-Term Resident (定住者)” status are higher; if you have documents to prove the damage caused by domestic violence (e.g., medical certificate, police report, etc.), submit them at the time of application.
Please contact us if you would like to carefully review your eligibility for the "Long-Term Resident (定住者)" Visa - “Divorced Long-Term Resident (離婚定住)” Category.
Note: On our website, we prefer using the term "Visa" instead of "Status of Residence," even though the latter is legally accurate in most contexts. We've made this choice because we understand that, in many conversations among foreign nationals in Japan, the term "Visa" is commonly used to refer to "Status of Residence." Our goal is to keep our website concise and friendly to those in need of information about the immigration system in Japan. Please see "Difference between Visa and Status of Residence" for more details.