外国人のための在留資格情報サイト【千葉県鎌ケ谷市からあなたの日本での生活をサポート】

Many foreign nationals live in Japan after obtaining a "Spouse or Child of Japanese National" status of residence (commonly known as a spouse visa) through international marriage. But what happens to that visa if the marriage ends in divorce?

It’s often assumed, "I worked hard to get this visa, so it'll be fine," or "Nothing will happen right away." However, divorce directly impacts your status of residence. Here, we'll explain what happens to a spouse visa after divorce and the options available for those who wish to continue living in Japan.

After Divorce, Your Spouse Visa Loses Its "Foundation"

A spouse visa is a status of residence granted based on a "legal marital relationship" with a Japanese national. When that relationship ends due to divorce, the foundation of the visa is lost, making it subject to revocation. In short, while the visa doesn't automatically disappear the moment you get divorced, there's a high chance you will not be able to keep it if you don't take action.

A "Notification" Is Required Within 14 Days of Divorce

When a divorce is finalized, the foreign national must submit a "Notification of Termination of Marital Relationship" to the local Immigration Services Agency within 14 days. This is a legal obligation. Failing to do so could result in the revocation of your status of residence or negatively affect future visa applications. This notification is generally submitted in writing, but you should check the official website of the Immigration Services Agency of Japan for the latest information on whether online submission is possible.

Do I Have to Leave Japan Immediately After Divorce?

No, you do not have to leave the country right away.

Even if there is still time remaining on your spouse visa, if you are judged to have not engaged in a valid activity for six months or more after your divorce, your status of residence may be revoked. Therefore, you must apply to change to a different status of residence or leave the country within six months. If you continue to stay without taking any action, you will be considered an "illegal resident," which will have a negative impact on any future re-entry into Japan.

(1) Change to a Work Visa

This is an option if you can find employment in a specialized field, such as "Engineer/Specialist in Humanities/International Services."

You must meet certain requirements, such as having a university degree or higher, or practical work experience relevant to the job (e.g., in some cases, 10 years or more of practical experience can substitute for a degree). Stability and continuity of employment are also required.

(2) Change to a Long-Term Resident Visa

This may be an option if you need to raise a child of a Japanese national (factors like custody, parental rights, and the child's age are considered).

This is also an option if you have a long history of staying in Japan (usually 10 years or more) and are judged to have a stable living base in Japan based on your tax payment history and financial stability.

(3) Change to a Student Visa

This is an option if you plan to enroll in a Japanese university, vocational school, or Japanese language school.

You must have a letter of acceptance and proof of financial resources to cover tuition and living expenses. Your age, academic background, and the reason for your enrollment will also be reviewed.

Divorce Is Not "Instant Illegal Residency"

Getting a divorce doesn't immediately make you an illegal resident. However, since the foundation of your spouse visa is lost, there's a risk that inactivity could lead to visa revocation or becoming an illegal resident. Whether you need to change your status of residence depends on your individual circumstances.

If you feel anxious, asking yourself, "Which visa can I change to?" or "What do I need to prepare?" it's a good idea to consult with an expert, such as an administrative scrivener (gyoseishoshi) or, if necessary, a lawyer.