Japan Spouse Visa After Divorce: Procedures & Requirements

Since a Japan Spouse Visa is granted based on marriage to a Japanese citizen, you might worry about what happens if you get divorced. While a divorce doesn’t mean you have to leave Japan immediately, you do need to take the necessary legal steps.

Here are the key takeaways of this article:

Although you can continue living in Japan after a divorce, you will need to complete specific procedures and apply to change your visa status. If you hold a Spouse Visa and want to know what steps to take, read on to learn more.

1. A Foreign Spouse Doesn’t Immediately Lose Their Japanese Visa After a Divorce

If a foreign national residing in Japan on a Spouse Visa gets divorced, they do not need to leave the country immediately. By completing the required procedures with Immigration, you can continue to stay in Japan for 6 months. Be sure not to neglect these steps and complete them on time. In addition, you will need to apply to change your visa status; if you are unable to change your visa, you will generally be required to return home.

2. Procedures for Japan Spouse Visa Holders After Divorce

If you get divorced while residing in Japan on a Spouse Visa, you must first notify Immigration. Below, we explain how to submit this notification and the consequences of failing to do so.

2-1. Notify Immigration Within 14 Days

If a foreign national on a Spouse Visa gets divorced, they must notify Immigration within 14 days. Reporting changes regarding your spouse is mandatory, so be sure to submit this notification.

2-2. How to Complete the Procedure

You can submit the notification in person by visiting your nearest Immigration office, presenting your Residence Card, and filling out and submitting the form. You can also file by mail or online. If submitting by mail, enclose a copy of your Residence Card along with the notification form. For online submission, you can easily do it using the Immigration Services Agency’s Electronic Notification System, though user registration is required in advance.

2-3. Consequences of Failing to Submit the “Notification Regarding Spouse”

If you fail to submit the notification after a divorce, you may face disadvantages when applying for future visa status changes or renewals. This is because fulfilling all mandatory reporting requirements is one of the key factors considered during visa screening.

In addition, failing to notify Immigration may also result in a fine.

2-4. Period of Stay After Divorce: You Can Stay in Japan for Up to 6 Months

Many people wonder how long they can stay in Japan after a divorce. In particular, those holding a visa as a “Spouse or Child of Japanese National” or “Spouse or Child of Permanent Resident” often worry that their status becomes invalid immediately upon divorce.

Under the law, the Minister of Justice has the authority to revoke a visa status if a person fails to engage in spouse-related activities for six months or more without a justifiable reason. Under this rule, you can remain in Japan for up to six months after a divorce; however, if you do not take the necessary steps during this window, your status of residence may be revoked.

Therefore, if you wish to remain in Japan, it is crucial to check whether you meet the requirements for another visa status and promptly proceed with the change of status application. If you need to apply for a new visa after a divorce, consult expert articles or consultation counters for specific guidance. Taking these steps will help you prepare for a secure, worry-free life in Japan even after a divorce.

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3. [Case-by-Case] Visa Options After Divorce for Japan Spouse Visa Holders

If you hold a Spouse Visa and wish to remain in Japan after a divorce, you must apply for a change of status of residence. The potential visa options you might qualify for include:

• Spouse Visa
• Work Visa
• Long-Term Resident Visa

Below, we explain the specific cases where each type of visa can be obtained.

3-1. [Remarrying a Japanese National or Permanent Resident] Spouse Visa

If you remarry a Japanese national or permanent resident after a divorce, you can apply for a new Spouse Visa. Previously, Japan’s Civil Code enforced a mandatory 100-day waiting period after divorce before remarrying, requiring careful timing. However, please note that this rule has no longer applied since April 1, 2024.

Additionally, if you have a history of repeated divorces and remarriages, immigration authorities may suspect a sham marriage, which tends to lead to a much stricter screening process.

3-2. [Finding Employment in a Specific Industry] Work Visa

Switching from a Spouse Visa to a Work Visa is another viable option. However, staying in Japan on a Work Visa requires meeting different requirements than those for a Spouse Visa. These requirements vary depending on the specific type of Work Visa, and some may require specific educational qualifications.

Even if you wish to obtain a Work Visa through the job you held prior to your divorce, your current job duties might not qualify for any available Work Visa category. In such cases, changing jobs to a role that meets the criteria for a Work Visa is one option to consider.

Alternatively, some individuals start their own business as a corporate executive and obtain a “Business Manager Visa,” though this path involves relatively high hurdles.

3-3. [Other Cases] Long-Term Resident Visa

If you have had a long married life in Japan and wish to continue making Japan your base of living after a divorce, or if you want to raise a child holding Japanese nationality in Japan, you may be eligible for a “Long-Term Resident” visa. This visa status is granted by the Minister of Justice when special circumstances are recognized through a comprehensive evaluation of your overall situation.

4. Requirements for Changing from a Spouse Visa to a “Long-Term Resident” Visa

To switch from a Spouse Visa to a Long-Term Resident Visa, you must satisfy the following requirements:

• Having an income sufficient to maintain an independent livelihood
• Being married for approximately three years or more
• Having at least a basic level of Japanese language proficiency
• Properly fulfilling public obligations (such as paying taxes and social insurance)
• Maintaining good conduct during the marriage
• Having a child with a Japanese national

Below, we explain each of these points in detail.

4-1. Having an Income to Maintain an Independent Livelihood

One of the requirements to continue living in Japan after a divorce is having sufficient income or assets. You need to be stably employed—for instance, by having worked continuously as a full-time employee prior to the divorce, or by holding multiple part-time jobs. You are also considered to meet this condition if you have already secured employment that allows you to support yourself upon divorcing. If you need to look for a job or change careers after a divorce, taking swift action is essential.

4-2. Being Married for Approximately Three Years or More

Having a marriage duration of roughly three years or more is another essential requirement. This duration is judged based on whether the marriage was a genuine, cohabiting relationship in reality. Even if you were legally married on paper, any period of separation will not be counted toward the marriage duration.

However, the three-year period is only a general benchmark. Depending on individual circumstances, a Long-Term Resident Visa may still be granted even if your marriage lasted less than three years.

4-3. Having Minimum Japanese Language Proficiency

Japanese language proficiency is also essential to continue living in Japan. While no specific proficiency level is strictly defined, having the minimum ability necessary for daily life is generally considered sufficient. If you are requested to attend an interview during the Long-Term Resident Visa screening process, your Japanese proficiency is likely being evaluated alongside your living conditions and personal circumstances.

4-4. Properly Fulfilling Public Obligations

Fulfilling public obligations—such as paying taxes, health insurance premiums, and pension contributions—is heavily emphasized when applying for a Long-Term Resident Visa. Additionally, whether you have properly submitted all required notifications is equally important. As mentioned earlier, you are required to notify Immigration in the event of a divorce, and authorities will check if such notifications have been made.

4-5. Maintaining Good Conduct During the Marriage

During the screening process, authorities will check whether you committed any crimes during your marriage or repeatedly engaged in behavior that disrupts public order and morals. If you have been sentenced to imprisonment (with or without labor) within the last 10 years or received a fine within the last 5 years, your conduct will not be recognized as good.If you have been sentenced to imprisonment (with or without labor) within the last 10 years or received a fine within the last 5 years, your conduct will not be recognized as good.If you have been sentenced to imprisonment (with or without labor) within the last 10 years or received a fine within the last 5 years, your conduct will not be recognized as good.If you have been sentenced to imprisonment (with or without labor) within the last 10 years or received a fine within the last 5 years, your conduct will not be recognized as good.N%If you have been sentenced to imprisonment (with or without labor) within the last 10 years or received a fine within the last 5 years, your conduct will not be recognized as good.

4-6. Having a Child with a Japanese National

If you plan to raise a child born with your former Japanese spouse in Japan, having legal custody and a track record of caring for the child are required conditions. Foreign nationals applying for a Long-Term Resident Visa must be recognized as the primary caregiver raising a biological child of a Japanese national. This requirement can be seen as prioritizing the child’s best interests to protect children who have been living in Japan.

5. Summary

In this article, we have explained how spouse visas are handled in the event of a divorce, the necessary procedures, and the statuses of residence available if you wish to remain in Japan. Here is a summary of the key takeaways:

If you wish to continue living in Japan after a divorce, submitting a notification and changing your status of residence are necessary. Because a Spouse Visa depends on your marital relationship with a Japanese national, it can be less stable than other visa types. It is advisable to know what steps to take in the event of a divorce just in case.

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