Some of you may have married a Japanese national or a (Permanent Resident) PR holder and had a happy married life, but for various reasons, the marriage may have broken down and you may end up divorcing.

If you are married to a Japanese national or a PR, you will lose your "Spouse or Child of Japanese National" or "Spouse or Child of Permanent Resident" status upon divorce, unless you are staying in Japan with another status.

However, if you have been living in Japan for a long time, and moreover, if you have children, it is likely that most of you would like to continue to live in Japan after your divorce.

In this article, we will explain the requirements for obtaining a Long-Term Resident (LTR) visa, also known as 定住者 Teijusha, after divorce.

Can I get a Long-Term Resident visa if I am divorced?

Depending on the circumstances of the divorce and marital status, it is possible to obtain a LTR visa even after divorce.

The "Long Term Resident” visa status is for those who are permitted to reside in Japan by the Minister of Justice of Japan, who designates a certain period of stay in consideration of special reasons for the individual.

Some foreign nationals have been in Japan for so long most of their assets are here, making it difficult for them to return to their home country and continue living comfortably after divorce.

Additionally, if they have children, it is natural that they do not want to disrupt their children’s environment, especially if they were born and raised in Japan.

For this reason, many foreigners wish to stay in Japan after divorce.

Those who can obtain other visa status, such as working or engaging in specified activities, will be given priority, but those without such visa status should consider obtaining a LTR visa.

Requirements for obtaining a Long-Term Resident visa after divorce

There are no clear requirements for obtaining a LTR visa after divorce, as most stray from the stipulated visa status requirements and are on a case-by-case basis.

If a foreign national residing in Japan under the status of "spouse or child of Japanese national" or "spouse or child of permanent resident" has not been engaged in such activities for six months or more, their visa is subject to revocation.

However, in order to revoke the status of residence, the foreigner must be given the opportunity to apply for permission for change of visa status or apply for permanent resident status.

Therefore, foreign nationals who lose their status of residence due to divorce and who do not qualify for any other status of residence can apply for a LTR visa to change their visa status.

However, not everyone is eligible to change to a LTR visa.

Although there are no exact standards for change of status, the Japan Immigration Bureau discloses cases of which cases were approved and rejected. The following are the minimum requirements considered to be necessary to obtain permission, and is not exhaustive.

In addition, cases in which the applicant has supported his/her children, such as "has a track record of raising his/her own children" or "has paid child support after divorce," tend to be more likely to be approved.

For example, if you are a victim of domestic violence and have not yet divorced, but are living separately from your spouse, you may be given consideration. However, since issues of marital status and your own conduct are also examined, a LTR visa will not necessarily be granted even if you are a victim of domestic violence.

However, whether or not your visa will be approved depends on the results of the examination, so if you have any concerns, we recommend that you consult with an administrative scrivener (immigration lawyer) or other specialist in visa acquisition.

Process of obtaining a Long-Term Resident visa after divorce

If you divorce, you must notify the Immigration Services Agency (Japan Immigration Bureau).

The first step is to file a " NOTIFICATION OF RELATIONSHIP WITH SPOUSE" (配偶者に関する届出) with the Immigration Services Agency (Japan Immigration Bureau).

You can file the notification online

You will need to show your resident card, so be sure to bring it with you.

If you have no other residency requirements but wish to continue living in Japan, you may apply for change of status to LTR.

If, after examination of your application, your visa is approved and am granted permission to change your residence status to LTR, you may continue to reside in Japan.

Required Documents for "Permanent Resident Visa

To obtain a LTR visa after divorce, you must first file a "NOTIFICATION OF RELATIONSHIP WITH SPOUSE" notification and then apply for permission to change your visa’s status of residence to Long Term Resident.

The "NOTIFICATION OF RELATIONSHIP WITH SPOUSE" (配偶者に関する届出) can be done online or by submitting a notification form to the nearest regional immigration office.

The documents required to change one visa’s status of residence to LTR visa vary depending on the individual's situation, so please inquire at the Regional Immigration Office or the Foreign Resident Information Center before applying.

Visa Application & Examination Period for Long-Term Resident Visa

According to the Immigration Services Agency (Japan Immigration Bureau), the standard processing time for an application for a change of visa status is two weeks to one month.

According to the official data, it takes about 33 days to get a notification of the application result for a change of visa status to LTR.

However, it may take more than 33 days to change a visa status to LTR visa after divorce, as it often scrutinized and requires more time for the examiner to reach a conclusion.

If you are trying to obtain a LTR visa after divorce, you should keep in mind that it will require a longer application period compared to other visas.

Points to keep in mind when applying for a Long-Term Resident visa after divorce

If you wish to obtain a LTR after divorce, you must first check whether you can obtain other types of visa statuses first.

A LTR visa will not be granted to those who can obtain other types of visas.

For example, if you meet the requirements for a work-related visa or a special activity visa, you should consider obtaining those visas instead.

In addition, since the LTR visa has no restrictions on employment, it tends to be regarded as a possible fake marriage or fake divorce for the purpose of illegal employment.

Therefore, you must be able to explain your marital status properly so as not to look suspicious.

In order to obtain a LTR after divorce, the applicant should have a fixed income and have records of good conduct.

In addition, if you have children to care for and have a good record of raising them, you are more likely to be approved.

If the child is a Japanese national, it is natural for a Japanese national to choose Japan as a child-rearing environment for his or her child, and it is likely to be easily recognized.

However, in the case of a divorce with a foreign national stepchild who has lived abroad for a long time, it is questioned whether it is necessary to choose Japan as the environment for the child, so please be careful you are in this situation.

Summary

Those who were granted "Spouse or Child of Japanese National" or "Spouse or Child of Permanent Resident" status during their marriage may be eligible for a LTR visa after divorce.

Since this is an unconventional visa, the requirements are not clear, and since it is on a case-by-case basis, there is no guarantee if the application will be approved or not.

If you are divorced or have the intention of doing so, and it is difficult for you to obtain other status of residence, we recommend that you first consult with an administrative scrivener (immigration lawyer) who have a good track record with visa acquisition.