We often receive inquiries about changing immigration status after a divorce from a Japanese spouse or a permanent resident.

What type of immigration status can one change to after a divorce?

In this article, we will explain the procedures in detail.

When a foreign national divorces a Japanese spouse or a permanent resident, their immigration status as a ‘spouse of a Japanese national’ or ‘spouse of a permanent resident’ becomes invalid, as the original purpose of stay no longer applies.

In other words, the current immigration status no longer aligns with the actual purpose of stay. Therefore, as a general rule, the individual will be required to either leave the country or change to another residence status.

For those who have lived in Japan for an extended period, have established their lives here, or have children enrolled in Japanese schools, there may be a desire to remain in Japan after divorce.

In such cases, changing to the “Long-Term Resident” status may be considered as an option.

Under the Immigration Control and Refugee Recognition Act (Immigration Act), individuals holding a “spouse of a Japanese national” or “spouse of a permanent resident” status are subject to cancellation of their residence status if they do not change it within six months after a divorce.

However, the law also stipulates that individuals should be given the opportunity to apply for a change of status or for permanent residence before such cancellation takes place.

It is crucial to make the necessary preparations for changing your residence status calmly and as soon as possible, before any impact on your residence status occurs.

When changing residence status, it is important to comprehensively consider various factors such as the individual’s educational background, work history, and whether they have dependent children in order to determine which residence status is most realistic.

First, it is crucial to assess whether it is possible to change to a work-related residence status that matches the individual’s background and past experience.

If that is not applicable, changing to “Long-Term Resident” status may be a viable option, based on factors such as their established life in Japan and family circumstances.

The “Long-Term Resident” residence status is divided into two categories: the “Designated Long-Term Resident” based on specific activities outlined by the Ministry of Justice, and the “Non-Designated Long-Term Resident,” which does not fall under the designated activities.

The “Long-Term Resident” considered after divorce falls under the latter category, and the Ministry of Justice grants residence based on individual circumstances.

As a general rule, this status cannot be re-acquired after leaving Japan.

Applications can only be accepted through a change of status from “Spouse of a Japanese National” or “Spouse of a Permanent Resident.”

Therefore, if the individual wishes to continue residing in Japan, it is important to act promptly without leaving the country.

Whether a change to the “Long-Term Resident” status will be approved is determined by an individual review by the Minister of Justice.

During the review, key factors include the individual’s life foundation in Japan, their level of integration into Japanese society, reasonable grounds for continued residence in Japan, and other relevant considerations.

The following are key points to consider, focusing on cases where individuals who held the status of “Spouse or Child of Japanese National” are considering changing to “Long-Term Resident” status after divorce.

When applying, it is necessary to provide specific documentation that proves the fulfillment of these requirements.

Let’s look at each of these conditions in detail.

Currently, integration into Japanese society is generally assessed based on a residence history of approximately three years or more.

Unless there is a biological child with Japanese nationality, it is generally required to prove that the individual has resided in Japan as a “Spouse of a Japanese National” for three years or more prior to the divorce, and that they were indeed living together and maintaining a genuine marital relationship during that time.

Even if there were periods of separation, those periods may still be taken into account if there is evidence showing that mutual support and contact between the spouses continued.

In such cases, supporting documentation will be required.

In addition, if the individual has a child with Japanese nationality from the marriage and is actually raising and caring for the child, changing to “Long-Term Resident” status may be approved regardless of the length of the marriage.

To continue living independently in Japan, it is necessary to demonstrate a source of income.

In particular, having a regular income—such as through employment with a company—is preferable. It is also important that the individual be considered to have a stable foundation for continued residence in Japan.

The expected level of Japanese language proficiency is generally described as “being able to manage daily life without difficulty” or “being capable of participating in ordinary social activities.”

If the applicant has a certificate such as the JLPT, it can be submitted as supporting documentation.

The explanation should comprehensively cover matters such as the individual’s history of residence in Japan, the circumstances that led to the divorce, confirmation of mutual consent to divorce, current living situation, reasons why continued residence in Japan is necessary, financial status including income and assets, information regarding a personal guarantor, and any other relevant factors.

Appropriately fulfilling public obligations, such as taxes and social insurance

It is essential that public obligations related to residency status—such as tax payments and the submission of required notifications—are appropriately fulfilled.

Additionally, as discussed later, any changes in residency status following a divorce must be promptly reported by submitting the appropriate notification.

When obtaining the “Long-Term Resident” status, a personal guarantor is required.

For the “Spouse of Japanese National” or “Spouse of Permanent Resident” statuses, it is common for the spouse to serve as the personal guarantor.

However, after changing to the “Long-Term Resident” status, it becomes necessary to find a different guarantor.

A suitable personal guarantor is typically a Japanese national or permanent resident who has stable employment and a certain level of income.

It is common to ask a workplace supervisor, colleague, acquaintance, or relative to serve in this role.

Details regarding personal guarantors will be explained separately at another time.

The procedure for changing residency status to “Long-Term Resident” following a divorce is a critical process that requires careful preparation and should not be taken lightly.

However, once approved, the individual may reside in Japan without work restrictions, similar to those with “Spouse of Japanese National” or “Spouse of Permanent Resident” status (though renewal is still required).

Furthermore, if certain conditions are met, it may be possible to apply for permanent residency in the future.

Once the decision to divorce has been made, it is advisable to begin taking steps toward the next stage as early as possible.

We recommend consulting with a professional promptly.

Under Japan’s immigration system, one of the obligations that foreign residents must fulfill is submitting notifications regarding their residency status.

If a foreign national divorces or becomes widowed from a Japanese spouse, they are required to notify the Immigration Services Agency within 14 days after the event.  

This is a legal obligation that must be fulfilled by the individual themselves.

There are three available methods for submitting this notification:

• via the online electronic notification system
• by mailing it to the designated address
• by submitting it in person at the nearest immigration office.

Each method comes with specific procedures and important notes, so be sure to check the Immigration Services Agency’s official website in advance for up-to-date instructions.