Introduction

With the increase in international marriages, more foreign nationals wish to live in Japan with their children after divorce. When applying for a “Dependent” (Kazoku Taizai) status to bring your child to Japan, custody and actual care become crucial points in the screening process. This article explains the key points and precautions based on the latest information from the Ministry of Justice and Immigration Services Agency of Japan.

What Is the Dependent Visa?

The “Dependent” status allows spouses or children (including adopted and recognized children) of foreign nationals residing legally in Japan to live together in Japan. Only spouses or children are eligible; siblings or parents are not.

Basic Concept of the Dependent Visa after Divorce

When a foreign parent wishes to bring their child to Japan on a “Dependent” visa after divorce, the following points are emphasized in the screening:

• The sponsor (parent) resides legally in Japan
• The child actually lives together and is cared for by the parent
• The parent has sufficient financial ability to support the child
• The family relationship can be proven

Impact of Custody and Actual Care on Screening

Custody

When bringing a child to Japan after divorce, being the legal custodian is a major point. Japanese law requires the designation of a custodian at divorce. If you are the custodian, it is easier to apply for your child’s entry.

Importance of Actual Care

Even without legal custody, if you are actually caring for the child (living together, providing daily care and education), this may be considered in the screening. For example, if your ex-spouse is the legal custodian but you can objectively prove you are raising the child in Japan, permission may be granted.

Specific Points Emphasized in Screening

• Living together with the child after divorce
• Actually bearing the child’s educational and living expenses
• Providing a stable living environment for the child in Japan
• Having sufficient income and a stable life base
• Ensuring the child’s welfare and best interests

Main Documents Required for Application

• Application for Certificate of Eligibility
• Certificate of Acceptance of Divorce Notification
• Family register or court decision proving custody
• Child’s birth certificate or family register (proof of relationship)
• Certificate of residence (proof of cohabitation)
• Sponsor’s certificate of employment and tax certificate (proof of financial ability)
• Child’s certificate of school enrollment (as needed)

Case Example

For example, Ms. A from Korea divorced her Japanese spouse and obtained custody of her 10-year-old son, B. Ms. A had a stable job and secured housing in Japan. She submitted documents proving custody, cohabitation, and financial ability, and applied for a “Dependent” visa for B. The screening focused on whether Ms. A was actually caring for and raising B, and the visa was granted.

Conclusion

When bringing your child to Japan on a “Dependent” status after divorce, not only custody but also the actual situation of care and upbringing greatly influences the screening. Even without custody, if you can prove actual care, permission may be granted, but preparation of documents and evidence is essential. Check the latest information from the Ministry of Justice and Immigration Services Agency and prepare carefully for a smooth application process.