Procedures for changing the status of residence of a foreign spouse after divorce
In the event of an international divorce, the spouse of a foreign nationality will not be able to stay in Japan with the status of residence of “Spouse or Child of Japanese National”, so it is necessary to change the status of residence. This page explains the procedures for changing the status of residence of a foreign spouse.
1. Persons subject to change of status of residence
Foreign nationals who have been divorced from a Japanese national and have a status of residence of “Spouse or Child of Japanese National” need to change their status of residence.
2. Change period of status of residence
You must change your status of residence within 6 months after the divorce is finalized. It should be noted that even if the period of residence remains for more than 6 months after the divorce, the status of residence may be revoked after 6 months from the date of divorce.
3. Change of status of residence
The status of residence can be changed to the following “Settlement Visa”.
(1) Status of residence “Permanent resident raising a Japanese child”
This is a status of residence for the purpose of settling down in order to raise a minor Japanese child. If you are the biological child of a spouse of a foreign nationality and have parental authority after divorce, or if you have been raising a child for a certain some period, you can apply.
(2) Status of residence “Settlement by divorce”
This is a status of residence that can be obtained if the marriage period in Japan is 3 years or more. You can apply if you can make a living in Japan or if you are judged to have enough Japanese language ability to do daily life. In addition, since this change has not been enshrined in law, the applicant’s situation will be considered comprehensively at the time of application. If you have been married for less than 3 years, you cannot apply.
(3) Status of residence “Settlement by DV”
If the reason for the divorce is DV from the spouse, this is a status of residence that can be obtained. If your Japanese spouse is a perpetrator of DV and it leads to divorce, you can apply.
4. Points to note when changing status of residence after international divorce
In the case of international divorce, it is generally said that it is difficult to obtain permission to change the status of residence from “Spouse or Child of Japanese National” to “Settlement”. If it is difficult to change your status of residence to “Settlement” consider applying for a status of residence related to work.
In the case of an international divorce, the spouse of foreign nationality cannot stay in Japan with the status of residence ” Spouse or Child of Japanese National”, so it is necessary to change the status of residence within 6 months after the divorce.