Reporting Obligations and Impact on Immigration Applications if Divorce is Finalized Pending Review#

In the process of applying for a change or extension of a status of residence (visa), or applying for Permanent Residence in Japan, applicants may face the difficult situation of a finalized divorce. While life events are unpredictable, within the context of the Immigration Control and Refugee Recognition Act (Immigration Control Act), the dissolution of a marriage during an active application carries significant weight.

If a divorce is finalized while an application is pending, the applicant is obligated to report this fact to the Immigration Services Agency immediately. Failure to do so not only leads to the denial of the application but can also result in the revocation of residence status and severe disadvantages for future applications. This article provides an objective and detailed explanation of the reporting obligations, the specific impact on the review process, and the potential pathways for remaining in Japan after a divorce.

Immediate Reporting Obligation and Legal Basis#

A fundamental principle of the Japanese immigration system is that any change in the details of an application must be reported to the inspection division immediately.

Specifically, when applying for status based on civil status, such as “Spouse or Child of Japanese National” or “Spouse or Child of Permanent Resident,” the continuation of the marriage is a mandatory requirement for approval. Immigration inspectors base their judgment on whether the marital relationship effectively exists at the time of the decision, not just at the time of application. Therefore, if a divorce is finalized before the results are issued, the applicant is considered to have lost the eligibility requirements at that moment.

Two Distinct Procedures Required#

If a divorce occurs, the applicant must perform two separate procedures concurrently:

1. Report to the Inspection Division: You must inform the department currently reviewing your file about the fact of the divorce and, consequently, request a modification or withdrawal of your application. This is not optional; it is a mandatory step to inform the authorities that the premise of the review has changed.

2. Notification Concerning Spouse (Article 19-16 of the Immigration Control Act): Separate from the application review, mid- to long-term residents have a legal obligation to submit a “Notification concerning spouse” to the Commissioner of the Immigration Services Agency within 14 days of the divorce. Failure to submit this notification can result in a fine of up to 200,000 yen and may negatively impact future applications for Permanent Residence.

Specific Impact on the Review Process#

The impact of a finalized divorce varies depending on the type of status of residence currently under application.

1. Pending Application for “Spouse” Status (Extension or Change)#

If you are applying for an extension or change of status to “Spouse of Japanese National” or “Spouse of Permanent Resident,” and you divorce during the process, the application will, in principle, be denied.

These statuses are legally grounded in the existence of a valid marriage and a substantive relationship involving cohabitation and mutual support. Since the divorce removes this legal basis, the immigration inspector cannot grant the permit.

In this scenario, the applicant must generally withdraw the current application or swiftly take measures to change the content of the application to a different status that allows for continued residence in Japan after divorce (such as “Long-Term Resident” or a work-related status).

2. Pending Application for Permanent Residence#

Divorce also significantly affects Permanent Residence (PR) applications. Many applicants for PR utilize the relaxed requirements available to spouses (e.g., the requirement for 10 years of residence is shortened to 3 years).

If a divorce is finalized during the application, the “special exception for spouses” no longer applies. Consequently, unless the applicant meets the standard requirements independently—such as having resided in Japan for 10 years or more and meeting strict financial criteria—the probability of denial becomes extremely high.

Even if the applicant meets the independent criteria (e.g., they have lived in Japan for 10 years on a work visa before marrying), reporting the change in civil status is mandatory. The review will then shift to evaluating the applicant based on standard criteria rather than spousal privileges.

Risks of Non-Disclosure#

Thinking, “If I report it, I’ll be rejected, so I’ll stay silent until I get the result,” is the most dangerous course of action.

The Immigration Services Agency regularly cooperates with municipal offices to verify family registry (Koseki) information. They may also conduct field investigations. If an applicant obtains permission by concealing the fact of a divorce, it constitutes “receiving permission through false application.”

In the worst-case scenario, this can lead to the revocation of the status of residence (Article 22-4 of the Immigration Control Act) and deportation proceedings. Once a record of false application is established, inspections for any future visa applications will become extremely strict, making it difficult to remain in Japan.

Possibilities for Continued Residence (Change to “Long-Term Resident”)#

Even if the original application is destined for denial due to divorce, this does not necessarily mean the applicant must leave Japan immediately. Depending on the circumstances, a change to a different status of residence may be permitted.

Raising a Biological Child of Japanese Nationality#

If there is a child born between the applicant and the Japanese national, and the applicant retains parental authority (custody) and raises the child in Japan, there is a high possibility of being granted a change to “Long-Term Resident” (Teiju-sha) status. This is often referred to as the “Japanese Child Supporter” category. Key factors in the review include financial stability and a record of genuine care for the child.

Long Duration of Marriage (Divorcee Long-Term Resident)#

Even without children, if the marriage lasted for a significant period (generally around three years or more of cohabitation) and the applicant has established a stable life foundation in Japan, a change to “Long-Term Resident” may be considered. However, unlike the category for raising children, there are no clearly defined statutory criteria for this “Divorcee” category. Decisions are made comprehensively based on individual circumstances, making the hurdle for approval relatively high.

Switching to a Work Visa#

If the applicant possesses specific skills or educational background (e.g., a university degree), they may be eligible to switch to a work visa, such as “Engineer/Specialist in Humanities/International Services.” This requires finding an employer willing to sponsor the visa.

Conclusion#

When a divorce is finalized during an immigration application, the impact is severe. Ignoring the obligation to report poses a risk of the action being deemed illegal. The most critical point is not to conceal the facts but to report them to the Immigration Bureau immediately and act with integrity.

Even if permission under the original application becomes difficult, pathways to remain in Japan often exist, such as changing the application to “Long-Term Resident” or a work visa, depending on individual circumstances. Correctly understanding the system and following appropriate procedures is the best strategy for protecting one’s life and stability in Japan.