Change to Settlement Visa (Settlement by divorce)

Introduction

In the event of international divorce, the spouse of foreign nationality will not be able to stay in Japan with the status of residence of “Spouse or Child of Japanese National.” Therefore, you need to change your status of residence.

On this page, I will explain about the status of residence after the change, “Settlement by divorce”.

1. Regarding change of status of residence after international divorce

Foreign nationals who have undergone an international divorce with a Japanese national and who have the status of residence of “Spouse or Child of Japanese National” must change their status of residence within 6 months.

If you want to change your status of residence from “Spouse or Child of Japanese National” to “Settlement”, you can apply for the following three applications.

Status of residence “Permanent resident raising a Japanese child”
Status of residence ” Settlement by divorce”
Status of residence “Settlement by DV”

From here, I will explain the status of residence “Settlement by divorce”.

2. Regarding the status of residence “Settlement by divorce”

(1) What is the status of residence “Settlement by divorce”?

The status of residence “Settlement by divorce” is a status of residence that can be obtained if the period of marriage in Japan is 3 years or more. Also, because this change has not been enshrined in law, at the time of the examination, the applicant’s situation will be comprehensively judged.

(2) Conditions for applying for the status of residence “Settlement by divorce”

The application will be reviewed comprehensively, including the following conditions.

　・If you lived together in Japan and were married for 3 years or more

　・If judged to be able to make a living in Japan

　・When there is no inconvenience in daily life

　・If you have a certain level of Japanese ability

(3) Application period for the status of residence “Settlement by divorce”

You must change your status of residence within 6 months after the divorce is finalized. Please note that even if the period of residence remains for more than 6 months after the divorce, the status of residence may be revoked 6 months after the divorce is finalized.

3. Points to note when applying for the status of residence “Settlement by divorce”

If you have been married for less than 3 years, you cannot apply for the stats of residence “Settlement by divorce”. In addition, it will be comprehensively reviewed, including the above conditions. If it is difficult to obtain the “Settlement by divorce” status of residence, you may need to consider obtaining a status of residence related to employment.

Summary

In the event of an international divorce, the foreign spouse will not be able to stay in Japan with the status of residence “Spouse or Child of Japanese National”. Therefore, it is necessary to change the status of residence within 6 months after the divorce. When applying for a change of status of residence to “Settlement by divorce” the applicant will be comprehensively screened from various perspectives, such as having been married for three years or more and having no problems with Japanese language proficiency.

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