Most people do not know that after getting divorce or separation from spouse, you still have a chance to stay here in Japan. However, you must do this process within 6 months after your divorce or separation. Otherwise, your chances become lower.
After divorce or separation, you must immediately inquire an expert like our Gyoseishoshi, Sensei, the process you need to take to change your visa from Spouse of Japanese/Spouse of Permanent Resident to Long-term Resident.
This is not an easy process and there are several important factors to consider before you are able to change to long-term resident. More than the length of marriage, the immigration considers the length of living together in Japan more important. You and your spouse may have been married for more than 5 years, but you have only been living together in Japan for a year or 2, has a low chance on getting approval for changing your status. The longer you have live together, the less they question your reason for divorce or separation.
Example of a situation that has very low chance:
- Married for 2-3 years
- Came to Japan and lived together for 1 year, then divorce
Possible reason it may be denied: they will doubt the reason why you married and how quick you separated, which can seem like an imitation marriage even if you say it is not
OR
- Married for 5 years
- Wants to separate after 4 years living together in Japan due to simple arguments; money issue
Possible reason it may be denied: your reason for separation is not valid for the immigration
Example of a situation that has decent chance:
- Married for 6 years
- Been living together in Japan for 3 years
- Trouble in relationship
Possible reason it might be approved: Even if the time they have lived together in Japan is short, immigration can consider the situation of the applicant
Example of a situation that has high chance:
- Married for 10 years
- Have lived together in Japan for more than 5 years, then divorce
- Applicant has full-time work and no bad record in Japan
Possible reason it might be approved: There reason for marriage is not questionable, their length of living together is enough and separation may have a valid reason. Applicant can support his self/herself if they remain in Japan.
Each case is different, so it is important to consult an expert before making any decisions. This type of application is special, so one has to be careful about the details they tell the immigration.
If you would like our assistance, please call 03-5937-6345.
