"What Happens to the Residency Status of Spouses of Japanese Nationals? A Guide to Post-Divorce Procedures" Part 1

How Does Divorce Affect Residency Status? Essential Knowledge to Know First

Topic: The Impact of Divorce on Residency Status and Preparations


For foreigners residing in Japan under the "Spouse or Child of Japanese National" residency status, divorce can significantly impact their life and residency. This status is tied to the marital relationship with a Japanese national, so divorce often requires procedural adjustments to maintain legal residency. This article explains how divorce affects your residency status and the basic steps to prepare.


1. Characteristics of the "Spouse or Child of Japanese National" Residency Status

The "Spouse or Child of Japanese National" residency status is granted based on the marital relationship with a Japanese citizen. Therefore, when the marital relationship ends, the following changes may occur:

(1) Risk of Losing Residency Status After Divorce

  • Once a divorce is finalized, continuing with the current residency status becomes difficult.
  • You may stay in Japan until the current visa expires, but renewal is generally not possible.

(2) Options for Remaining in Japan After Divorce

  • Long-Term Resident Visa: If certain conditions are met, you may qualify for a "Long-Term Resident" visa. This status is granted to individuals with established life ties in Japan.
  • Work Visa: If you can provide proof of employment, transitioning to a work visa is an option.
  • Other Residency Statuses: Depending on your circumstances, you might consider options like family stay or student visas.

2. Preparations Before Divorce

Taking proactive steps before the divorce is finalized can help make post-divorce procedures smoother. Below are key points to consider:

(1) Organize Necessary Documents

Prepare the following documents in advance for residency status adjustments or other procedures:

  • Residence card
  • Passport
  • Marriage certificate (or a marriage registration acceptance certificate)
  • Divorce paperwork (if pre-filled)

(2) Discuss Financial and Custodial Matters

  • Asset Division: Decide how to divide jointly acquired assets during the marriage.
  • Child Support: If you have children, agree on the amount and method of child support payments.

(3) Secure Housing and Income After Divorce

  • Plan for where you will live after the divorce.
  • If you are not currently employed, start job hunting to ensure financial stability.

3. Legal Requirements and Obligations Regarding Residency After Divorce

In Japan, the following legal requirements apply to your residency status after divorce:

(1) 14-Day Reporting Obligation Under Immigration Law

If a divorce is finalized, you are legally required to report the change to the Immigration Services Agency within 14 days. Failure to report may negatively impact future applications for residency status changes.

(2) Timing of Residency Status Change Applications

If you wish to remain in Japan, it is crucial to apply for a residency status change before your current visa expires. Early preparation is key to a smooth transition.


4. Consultation Services Before Divorce

If you feel uncertain about life or procedures after divorce, consider consulting professionals or support organizations:

(1) Consult Professionals

  • Lawyers: They can provide legal advice on divorce, asset division, and child support negotiations.
  • Administrative Scriveners (Gyoseishoshi): They can assist with residency status change applications.

(2) Utilize Local Support Services

  • Municipal Consultation Services: Many local governments offer consultation desks for divorce and daily life matters, some catering specifically to foreigners.
  • NPOs and International Exchange Centers: These organizations often provide support and information for foreign residents.

5. Pre-Divorce Checklist

Use the following checklist to prepare for life after divorce:
✅ Have you secured a place to live after the divorce?
✅ Have you discussed and agreed on asset division and child support?
✅ Have you organized the necessary documents?
✅ Have you made plans for changing your residency status?


Conclusion

The "Spouse or Child of Japanese National" residency status is based on the marital relationship. To handle the procedures smoothly after divorce, advance preparation and accurate information are essential. In the next article, we will explain "The Process of Filing for Divorce in Japan."


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