I’m going to divorce in about a month. We plan to go to the city hall and sign. She and I are willing to sign. No problem on that side.
She’ll bring an agreement we made at home stating how much I should give her per month. (we have 2 kids) and other few things. We plan to turn that document into an official one in front of the government.
I’m just wondering if me as a foreigner, and her a japanese, there are things I should be on the look out for.
I’m currently on the spouse visa and I read somewhere that if a divorce is filed, my visa will expire after 6 months. Is that true?
Are change of status even possible during this 6 months periode ?
Thank you for any help or experience you might have.
6 comments
Yes, you’ll hate six months to establish a new visa of some kind. Depending on how long you’ve been in the country you may qualify for a Long Term Visa. That would be worth checking out. Be prepared for heartache. When this happened to me the first thing my ex did was change my daughter’s last name from mine to hers. My daughter was heartbroken.
“My visa will expire after 6 months. Is that true?”
Yes, it’s true, but also in some cases it’s not true.
Assuming you do things by the the book I.e notify immigration within 14 days after the the divorce following this link (https://www.isa.go.jp/en/applications/procedures/nyuukokukanri10_00016.html) then you have a 6 months grace period to sort a new visa. Or should your spouse visa expire before 6 months then you will have until it expires…. Which ever comes first.
BUT, if you don’t notify immigration of the divorce, and immigration find out or if you don’t notify immigration and the Japanese national ex-spouse notifies immigration after the 14 days then your visa will be revoked straight away. Although it is very case by case. But you should notify immigration asap within 14 days.
See Q98 here: https://www.isa.go.jp/en/publications/materials/newimmiact_4_q-and-a_page3.html
*”Q: If I divorce my Japanese spouse and submit a notification to the Commissioner of the Immigration Services Agency within 14 days, is it possible to reside in Japan until the expiration date of my period of stay? Do I need to apply for permission to change my status of residence at the same time as the notification? In the event that my Japanese spouse submitted a notification of divorce to the Commissioner of the Immigration Services Agency without my consent, is it possible to withdraw the notification afterwards?*
*A: Those with the “Spouse or Child of a Japanese National” status of residence who divorce their spouse must notify the Commissioner of the Immigration Services Agency of the change and apply for a change in status of residence as soon as possible. Otherwise, they could have their status of residence revoked if they are found to not be engaged in the related activities (in this case, marriage) for longer than six months without a valid reason.*
*In cases where the Japanese spouse was the one who submitted the divorce notification, the process to revoke said status of residence will commence. However, individual circumstances will be taken into consideration (where necessary), and it is possible that one’s status of residence will remain unchanged. In short, simply because the process to revoke one’s status of residence has started does not mean that will be the final result. Decisions will be made based on the information presented on a case-by-case basis.”
Because you have kids you maybe entitled to a long-term resident visa. Speak to immigration/immigration lawyer about that.
Otherwise if you have a job and qualify for a work visa for said job (I.e relevant degree or enough relevant experience in the field) the you will have to get a work visa.
How long have you been together if you don’t mind me asking?
The thing to be on the lookout for is her never letting you see the kids if she so chooses. I assume you are familiar with the law on that.
Have a lawyer check the document and get the city hall forms filled out before you go. Have a lawyer check it too. Better safe than sorry even if it costs a few bucks. Better than the alternative.
Basic question but is there really no way you could hold out for PR? It seems like your wife is fairly reasonable based on your post. Having PR just makes everything so much easier, especially if you’re supporting your kids