Introduction
When a foreign national resides in Japan with the status of residence “Spouse or Child of Japanese National” and gets divorced, many people immediately worry whether they can continue living in Japan and whether they can change their status to “Long-Term Resident” right away.
In practice, it is sometimes possible to obtain “Long-Term Resident” after divorce, but it is never automatic, and there are several typical patterns that often lead to refusal.
This article explains the basic procedures after divorce, as well as situations where the change to Long-Term Resident is more likely to be approved and where it is likely to be refused.
First procedures and deadlines after divorce
Notification concerning spouse (within 14 days)
If you hold a status such as “Spouse or Child of Japanese National” or “Spouse or Child of Permanent Resident” and you get divorced or your spouse passes away, you are required to file a “Notification concerning the Spouse” with the Immigration Services Agency within 14 days.
This notification can be filed not only at the immigration office counter but also by mail or online.
- Legal basis: Article 19-16 of the Immigration Control and Refugee Recognition Act
- Deadline: Within 14 days from the date on which divorce or death occurs
If you fail to file this notification, you may be subject to a fine of up to 200,000 yen, so it is very important to complete this step first.
Considering status change and the “six-month rule”
After divorce, you cannot simply continue living in Japan on the same “spouse” status.
If more than six months pass without engaging in activities as a spouse (for example, without living together in a real marital relationship), your status may be subject to revocation.
Therefore, you need to promptly consider options such as:
- Change to “Long-Term Resident”
- Change to a working status (Engineer/Specialist in Humanities/International Services, etc.)
- Obtaining a new spouse status by remarrying
and file an application for change of status of residence as early as possible.
What is “Long-Term Resident”?
The status “Long-Term Resident” is granted to foreign nationals whose individual circumstances are examined and found by the Minister of Justice to warrant permission to stay in Japan for a certain period.
In official English, it is written as “Long-Term Resident.”
- Work restrictions: In principle, there are no restrictions on work, and most types of employment are allowed.
- Period of stay: One, three, or five years, etc., specified individually (unlike “Permanent Resident,” it is not an unlimited status).
- Types:
- Long-Term Residents based on public notification by the Ministry of Justice
- “Non-notified” Long-Term Residents granted based on individual circumstances
The “divorce-based” Long-Term Resident discussed in this article generally belongs to the latter category based on individual circumstances.
When a change to Long-Term Resident is likely even soon after divorce
According to the Ministry of Justice’s operational guidelines for changing from “Spouse or Child of Japanese National” or “Spouse or Child of Permanent Resident” to “Long-Term Resident,” the authority assesses whether there are sufficient special reasons to approve the change.
In practice, the following factors often support approval, even when the application is filed relatively soon after divorce.
- You have a Japanese child and are the main person raising the child in Japan.
- Your marriage continued for approximately three years or more, and your living base is firmly established in Japan.
- You have stable employment and enough income to support yourself.
- You properly fulfill public obligations such as tax payment and social insurance.
- You have a certain level of Japanese language ability and social integration.
These are only typical examples; in each case, the immigration authorities comprehensively evaluate multiple factors.
Even if the time since divorce is short, if you have a long-term living history in Japan, strong ties such as child-rearing and work, and clear evidence of social integration, the chance of approval for Long-Term Resident becomes higher.
Typical patterns that lead to refusal
1. Weak marital reality or suspicion of sham marriage
Cases that often result in refusal include:
- Very short duration of marriage and cohabitation
- A long period of separation with minimal contact with the spouse
- Cases where work in the sex industry and other facts lead the authority to conclude that there was no real marital life
Ministry of Justice case analyses show that such cases are often refused on the ground that there was little or no real marital relationship.
Where there is a gap between what the applicant claims (such as domestic violence) and actual living circumstances, authorities tend to scrutinize the case strictly.
2. Weak actual residence and ties with Japan
If the applicant spent a large part of their period of stay outside Japan, such as staying alone overseas for about one and a half to two years, some cases have been refused on the ground that they lack real intention to live in Japan on a long-term basis.
Even if you apply soon after divorce, a history of long stays abroad during your current status may be a serious negative factor.
3. Weak income and unstable living plan
If your living plan after divorce is vague and there is no clear prospect of stable income, or if you are likely to rely on public assistance, your application may be refused for lacking the prospect of independent living.
Although Long-Term Resident itself has no work restriction, the immigration authority places great weight on whether you can maintain a stable life in Japan.
4. Misconduct and criminal record
If you have a conviction that falls under the grounds for denial of landing under Article 5 of the Immigration Control and Refugee Recognition Act (for example, imprisonment for one year or longer), this can be a decisive negative factor for changing to Long-Term Resident.
Even after completing the sentence, your past criminal record may weigh heavily in the examination.
Practical tips for applying soon after divorce
When you consider applying for Long-Term Resident soon after divorce, especially with a limited remaining period of stay, it is helpful to prepare documents that show:
- Evidence of your actual life in Japan
(resident record, lease agreement, pay slips, tax certificates, health insurance card, etc.) - If you have children, evidence of your role in their care and education
(family register, school enrolment certificates, documents showing custody and support) - Documents showing your future living plan and employment prospects
(letters of job offer, business plans, etc.) - Proof of Japanese language ability (test results, school records)
If Long-Term Resident appears difficult in your circumstances, you should also examine other statuses such as Engineer/Specialist in Humanities/International Services, Business Manager, or Highly Skilled Professional.
Summary
- After divorce, you must file a “Notification concerning the Spouse” within 14 days.
- If you wish to remain in Japan, you need to consider changing to “Long-Term Resident” or another appropriate status, and you should move forward with the change of status ideally within about six months.
- If you have a Japanese child whom you are raising, if your marriage lasted for around three years or more with a solid living base in Japan, or if you have stable income, your chances of obtaining Long-Term Resident even soon after divorce become higher.
- On the other hand, a weak marital reality, long stays abroad, unstable income or living plan, and criminal records are typical reasons for refusal.
Applications for Long-Term Resident require careful organization of your personal circumstances and preparation of documents consistent with the Ministry of Justice and Immigration Services Agency’s policies.
If you are thinking about applying soon after divorce, it is advisable to consult a professional early, taking into account your deadline and living situation.
