For foreigners living in Japan, visa issues after divorce can be a significant concern. This is especially true for those who have suffered from domestic violence (DV) by their spouse.
How should a foreign spouse deal with visa issues after experiencing DV?
In this article, we will discuss visa problems for foreign spouses and their children after divorce, based on a real case study.
Case Study: A Skilled Worker Husband and a Dependent Wife & Child
A foreign man, A, came to Japan in 2019 on a “Skilled Worker” visa to work as a chef at a Japanese restaurant.
His wife, B, and their 14-year-old child, C, also moved to Japan under the “Dependent” visa. B obtained permission for part-time work and started working at a supermarket, while C enrolled in a local public school.
Later, C advanced to a public high school.
However, in September 2024, A physically assaulted B, leading B to call the police. B and C left their home and started living separately.
A was convicted of assault and received a 10-month suspended prison sentence.
In this situation, what will happen to the visas of B and C?
1. What Happens to A’s (Husband’s) Visa?
A holds a “Skilled Worker” visa, but because he was convicted of assault, there is a high possibility of deportation.
Under Japanese immigration law, foreigners who receive a conviction for certain criminal offenses are subject to deportation (Immigration Control Act, Article 24).
Possible Actions
- A may apply for special permission to stay (在留特別許可, Zairyu Tokubetsu Kyoka) to avoid deportation, but approval is rare.
- Once a detention and deportation order is issued, it will be difficult for A to remain in Japan.
2. What Happens to B’s (Wife’s) Visa?
B holds a “Dependent” visa, which is based on her husband’s visa status.
Since A may be deported, B’s visa will also become invalid unless she applies for a change in visa status.
However, because B is a victim of domestic violence (DV) and has a minor child enrolled in school, she may qualify for another visa.
Possible Actions
Apply for a “Designated Activities” (特定活動, Tokutei Katsudou) visa
- According to Immigration Guidelines, parents of children receiving education in Japan can apply for a “Designated Activities” visa to continue their child’s schooling.
- If B is living with C and providing care, she may be allowed to stay in Japan under this visa category.
3. What Happens to C’s (Child’s) Visa?
C currently holds a “Dependent” visa, but since the family situation has changed, he will need to change his visa status to continue studying in Japan.
Since C is already enrolled in a public high school, he may be eligible to apply for a “Student” visa.
Possible Actions
Apply for a “Student” visa
- If C is attending a full-time public high school, he can change to a “Student” visa (留学ビザ, Ryuugaku Visa).
- However, part-time or night school (Teijisei Koko) may not qualify for a “Student” visa.
- If C cannot qualify for a “Student” visa, B’s “Designated Activities” visa can help support his stay.
4. Summary: How to Overcome Visa Issues After Divorce?
- A (Husband/Perpetrator) → Likely to be deported due to a criminal conviction.
- B (Wife/DV Victim) → Needs to change from “Dependent” visa to “Designated Activities” visa to take care of C.
- C (Child/Student) → Needs to change from “Dependent” visa to “Student” visa (if attending a full-time high school).
Key Takeaways
✅ Prioritize the safety of the DV victim!
✅ Ensure that the child’s education is not disrupted.
✅ Seek professional legal advice as early as possible.
Final Thoughts
As seen in this case, divorce in Japan has a major impact on a foreigner’s visa status.
For those who have experienced domestic violence, there are options to change their visa and continue staying in Japan.
Having the right knowledge and taking the correct steps are crucial to protecting one’s rights and future.
Thank you for reading.
