Introduction

International marriage is a wonderful event where two people with different cultures and values pledge their love. However, due to various reasons, married life may come to an end within a short period. This article explains the impact on residence status and countermeasures for a foreigner who divorces a Japanese national within a year of marriage. It provides crucial information on changing or updating residence status and living in Japan.

International Marriage and Residence Status

Residence Status for Spouses of Japanese Nationals

When a foreigner marries a Japanese national, they are typically granted the “Spouse of Japanese National” residence status. This status allows for a maximum stay of five years and does not restrict employment in Japan.

Impact of Divorce on Residence Status

After a divorce, the basis for the “Spouse of Japanese National” residence status is lost, which may lead to cancellation or denial of renewal of the residence status. However, the residence status does not immediately expire after a divorce.

Options for Residence Status After Divorce

Changing Residence Status

If you wish to remain in Japan after a divorce, you can consider changing your residence status to one of the following:

• Work Visa (e.g., Technology, Humanities, International Business)
• Student Visa
• Permanent Resident

Each of these statuses has specific requirements that must be met.

Special Activities (Continuing Residence After Divorce)

If it is difficult to change to a new residence status immediately after a divorce, you can apply for the “Special Activities” residence status. This allows temporary residence for a certain period to rebuild your life or care for children.

Possibility of Special Permission to Stay

What is Special Permission to Stay?

Special permission to stay is a system that allows residence in Japan even if the usual residence status requirements are not met, due to special circumstances.

Factors Considered

The decision for special permission to stay considers the following factors:

• Presence and upbringing of Japanese children
• Length of stay in Japan
• Contribution to Japanese society
• Criminal record

Important Points and Mindset

Returning the Residence Card

After a divorce, you must submit the divorce notification and return your residence card to the local municipal office within 14 days.

Risk of Residence Status Cancellation

If there was a sham marriage or failure to report a divorce, your residence status may be canceled.

Consulting Professionals

Residence status issues are complex and highly individualized, so it is recommended to consult with professionals such as administrative scriveners or lawyers.

Conclusion

After an international marriage with a Japanese national ends in divorce within a year, residence status issues cannot be avoided. However, with appropriate measures and preparation, it is possible to continue living in Japan. Key points include:

• Consulting the Immigration Bureau promptly after a divorce
• Considering a change to a new residence status
• Applying for the “Special Activities” residence status if necessary
• Exploring the possibility of special permission to stay
• Actively seeking advice from professionals

Residence status issues vary greatly depending on individual circumstances, so it is wise not to handle them alone and to consult with professionals. With proper measures and preparation, you can move forward to a new stage in life.