Hey, all! My first post here. I’ve been in Japan for 4 years. I have a question about visa renewal after divorce. “A” is a child of Japanese national. “B” is a spouse of A. Both are foreigners and hold a long-term residence visa type. “A” has become a full-time caregiver after baby was born. “B” doesn’t have a job and counts on income from home country. Couple’s visa guarantor is A’s sibling. After divorce, guarantor will probably want to withdraw as such for “B”. What are the chances of B of renewing their visa after divorce? Thanks a lot for your time!
7 comments
what visa is B under? if it’s a spouse visa they’re not going to be able to renew anything.
When on a spouse of Japanese/spouse of PR visa you must notify immigration within 14 days after divorce and then you have 6 months to sort a new visa.
However, as mentioned “B” is on a ‘long-term resident’ visa. So as pointed out here (https://www.moj.go.jp/isa/publications/materials/newimmiact_4_q-and-a.html) in Q93
So post divorce, “B” would have at least have their Long-Term resident visa until it expires. Renewing it would be very case by case. But if “B” doesn’t have a job, and is dependent on money from overseas from parents etc, I cannot see it being granted. That said having a child with “A” and financially supporting them, and being involved with the child’s life would probably help…. “B” should consult a professional or ask immigration really….
FYI- as it’s not established on the source of “B”’s oversea money…. if “B” is actually employed/working for overseas employers/clients remotely. Then “B” does have a job and “B” should be declaring taxes.
>Q93 :日系２世の配偶者など配偶者としての身分が在留資格「定住者」の取得の基礎となっている外国人が離婚等した場合に届出をする必要がないのは、日本人の外国人配偶者にそれを課しているのと不公平にはなりませんかA. 定住者の中には配偶者の身分を有する方もいらっしゃいますが、それらの方々は配偶者の身分を有することのみをもって在留資格を認められたのではなく、その他種々の事情をも考慮した結果、「法務大臣が特別な理由を考慮し一定の期間を指定して居住を認める者」という地位に基づいて我が国に在留を認められているものであり、「配偶者の身分を有する者」とは異なることから届出義務を課さないこととしたものです。
Are you A or B?
I choose C
Can B get the PR before divorcing?
It‘s so nice you take so much care for the future of B eventhough you are A! I think because B did not pay pension it will be hard to get permanent residency for B. B might have to go home. What does B want in all of this?
If B is rich and doesn’t want to get a job, they can do japanese language school or higher education of some sort and get a student visa for few years..