Job Discussion Forums

Odango · Joined: 12 Feb 2007 Posts: 36

Another tough question, but need advice.

I've been married for 5 years and currently have a spouse visa.
I live and work in Japan.

My marriage at the moment is rocky to say the least. I think it could be coming to and end...

Legally, where does this leave me with regard to being in Japan?
I have just under 2 years left of my current spouse visa to run, but if I divorce what happens? Will I get booted out of Japan even after creating a life here?

I'm really worried about the future.

If anyone has been in a similar situation and could offer advice I'd be extremely grateful.

Odango

matador · Joined: 07 Mar 2003 Posts: 281

I remember that when my ex-wife and I divorced back in 2000, that I still went on using my spouse visa until it expired about a year later.

I then went over to Malaysia for about 6 weeks...came back to Japan...arrived on a tourist visa...and found a new school to sponsor my working visa.

Don't worry, dude. It is a lot easier than you think!

If you have any other concerns, pls post again.

Believe me, there ARE better days ahead...

southofreality · Joined: 12 Feb 2007 Posts: 579 Location: Tokyo

If you do a divorce by mutual consent at your local shiyakusho/kuyakusho/yakuba, immigration might not be informed. Of course, if you try to renew the spouse visa after two years, immigration will try to verify that you're still married so I suggest not taking that route as such deception may get you booted. Other than that, you should have no problems remaining here under your spouse visa until it expires.

There are certain things that are easily done with a spouse visa, such as starting a business. If you have something like that in mind, you might want to get going with it while you still have the spouse visa.

Good luck.

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

Even after divorce, you keep the visa until it expires.

I suggest you file for permanent resident status now. With that, a divorce is meaningless.

Hoser · Joined: 19 Mar 2005 Posts: 694 Location: Toronto, Canada

So even if you get married you still have to keep applying for visas? I thought you would get some sort of permanent resident thing or something.

southofreality · Joined: 12 Feb 2007 Posts: 579 Location: Tokyo

What I've heard most often is that if you hold a spouse visa and live in Japan for 5 straight years, you can get PR. Without being married, it's usually 10 straight years in J-land.

Glenski, do you know of any unusual cases where PR was granted to someone whose situation was different than the above? I've heard it happens, but I don't know of any specific cases.

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

If you marry a Japanese, you can apply for a spouse visa. You don't have to. You can still just live off a work visa. But, whether you have a work visa or spouse visa, you still need to renew it every year or 3 years, depending on what its length is.

Immigration is case by case on how many years you need to attain permanent resident status. They have guidelines, but I've heard they are somewhat flexible. The key there is "somewhat", and that makes up the case by case thing.
http://www.immi-moj.go.jp/english/tetuduki/zairyuu/guide_residence.html

So, southofreality, I think (but am not sure) that I've read posts from people who have gotten PR with a year less than the guidelines (or so), but I can't recall any specific details.

It's not just about how long you have been here, either. Some people get PR after a thorough background check. Mine was pretty simple and took about 6 or 7 weeks, while I have read about others who waited far longer (a year or year and a half in some cases).

taikibansei · Joined: 14 Sep 2004 Posts: 811 Location: Japan

ironopolis · Joined: 01 Apr 2004 Posts: 379

Brooks · Joined: 16 Jan 2003 Posts: 1369 Location: Sagamihara

yep, that is right. Both spouses need the hanko on the form. Only one of them has to submit the paperwork to city hall. They don't have to go in together.

taikibansei · Joined: 14 Sep 2004 Posts: 811 Location: Japan

To prevent the kind of fraud ironopolis mentions, they now require the signature and contact information of two witnesses over the age of 20. This requirement is mentioned here:

http://www.moj.go.jp/ONLINE/FAMILYREGISTER/5-3.html

and here,

http://www.tetuzuki.net/life/devorcereport.html#_02

The second site includes a link with a sample of a completed form:

http://www.tetuzuki.net/life/devorcereport_b.html

Of course, without a formal protest from the "divorced" spouse, I doubt they'd check up on whether the witnesses actually exist.....

Yona Yona · Joined: 20 Jul 2007 Posts: 26

I managed to get my permanent residency after being here less
than 5 years.At the time I applied for it I was actually unemployed.
I got it in about 6 weeks, no questions asked.
Even though my marriage was already on the rocks, my wife, in a rare moment of generosity helped fill in all the paperwork.
A few years later I was divorced.A messy affair which ended up going through the courts (saiban) and leaving me millions of yen in debt.
If it is at all possible, try to get your PR as soon as you can.

The_Prodiigy · Joined: 01 Apr 2006 Posts: 252

The spouse visa is useable until expiry date, irrespective of the relationship you have with your wife. As others have suggested, if you want to continue to live/work in Japan it is best to asap begin the application for a permanent residency visa.

When I was in Japan the rules of this were not concrete - Immigration made a decision based on individual circumstances. The length of time spent working in Japan influenced their decision. I heard that after 5 years they would mostly grant residency as they consider that you have become accustomed to life in Japan. Under 5 years and it was less likely but if you had dependants, particularly children then this would have a large influence.

Best o' luck.

ironopolis · Joined: 01 Apr 2004 Posts: 379

Odango · Joined: 12 Feb 2007 Posts: 36

Thanks people.

Looks like PR would be the way to go.
Unfortunately I got the job due to having the spouse visa.
As far as qualifications go I only have a CELTA for teaching and job getting skills.

If anyone thinks it would be possible for me to obtain PR with these details:

Got married in June 2002, lived in Japan for just about 3 years. Then moved back to the UK for two years with wife. Then came back to Japan in 2006 September, making it exactly one more year spent here.

Have worked at an Eikaiwai for two years from 2002.

Got my CELTA at the British council in Tokyo.

Then started working for an Eikaiwa only just recently.

I know it may be a case by case thing, but has anyone obtained PR with that or less?

To be honest my head is spinning and I'm not sure what's going on in my life at the moment. From next week I will be heading back to the UK for a month or so to clear my head. At this point I still have the spouse visa and the signed divorce paper hasn't been handed in.

I just don't want to be kicked out in the street so to say just because we get divorced...

Once again thank you so much for helping me...