Is it possible to extend a spouse visa on its maturity after the couple has divorced?
It is difficult to get permission for extension of a spouse visa on its maturity after the couple has divorced.
It is also difficult to extend a spouse visa when the marriage has been broken and the couple lives separately even if the couple has not divorced yet.
To what kind of visa is it possible to change a spouse visa?
If a person living in Japan with a spouse visa have a job, she/he might be able to apply for a working visa corresponding to the current job on a condition that she/he can meet the criteria for the visa to be applied.
Otherwise, he/she can apply for a long term resident visa if he/ she can meet the criteria for a long term resident visa.
What are the criteria for a long term resident visa?
There is no defined criteria for a long term resident visa as a former spouse of a Japanese or a permanent resident.
Practically it might be permitted for a former spouse of a Japanese or a permanent resident to get a long term resident visa after a divorce.
Here are the estimated minimum conditions to get a long term resident visa after a divorce:
A. The applicant can make a living by itself.
B. The applicant has fully executed every public obligation including tax payment, payment of a social insurance premium or a report regulated in Immigration Control & Refugee Recognition Act.
C. The applicant can understand Japanese in its daily life.
D. The applicant and its former wife or husband have lived together for some years as a normal couple.
What kind of documents are to be prepared to apply for a long term resident visa?
There is no regulation which shows what kind of documents is to be submit with application for a long term resident visa as a former spouse.
It is anticipated that the following documents should be asked to submit at the application by the regional immigration office:
A. a certificate of divorce
B. a document to certify the current job
C. a document to certify the annual income
D. a document to certify that the applicant has paid all of tax obligation and social insurance premiums
Which is to be applied for, a working visa or a long term resident visa?
It is permitted to take any job under status of a long term resident visa, while it is just allowed to take the designated job under status of a working visa.
However it is our opinion that a divorced former spouse should apply for a working visa when she / he can meet the criteria of the working visa, because it can be easily anticipated if the application for a long term visa can be approved or not.
When is it required to apply for change a spouse visa?
A divorced former spouse of a Japanese or a permanent resident with a spouse visa had better apply for change of a spouse visa within six months after the divorce because Immigration Control & Refugee Recognition Act regulated that the minister of justice can invalidate a spouse visa after six months from a divorce or a break of a marriage.
