Long-Term Resident Visa After Divorce or Death: Approved Cases

Foreign nationals who are married to Japanese nationals or Permanent Residents and live in Japan under the Status of Residence of “Spouse or Child of Japanese National” or “Spouse or Child of Permanent Resident” may be subject to revocation of their Status of Residence if they cease activities as a spouse for six months or more after divorce or the death of their spouse, unless there is a legitimate reason. When they wish to continue living in Japan, the Status of Residence “Long-Term Resident” (the so-called Long-Term Resident visa) is considered as an alternative. The Immigration Services Agency has published cases where a change from a spouse’s Status of Residence to Long-Term Resident was approved and cases where it was not. This article organizes the system of the Long-Term Resident Status of Residence, what happens after divorce or the death of a spouse, verification points gleaned from published cases, the timing of application, and the fees revised in October 2026, for both foreign nationals themselves and HR professionals at companies employing them.

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1. Conclusion: 5 Key Points to Remember

• The Status of Residence “Long-Term Resident” is a Status of Residence where the Minister of Justice considers special reasons and permits residence by designating a specific Period of Stay (Immigration Control and Refugee Recognition Act [hereinafter, Immigration Control Act] Appended Table II).
• If a person residing under the “Spouse or Child of Japanese National” or “Spouse or Child of Permanent Resident” Status of Residence continues to engage in activities other than those as a spouse for six months or more, they may be subject to revocation of their Status of Residence, except in cases where there is a legitimate reason (Immigration Control Act Article 22-4, Paragraph 1, Item 7).
• Even in such cases, the Immigration Services Agency is required to give consideration to providing an opportunity to apply for a Change of Status of Residence or Permission for Permanent Residence before revocation (Immigration Control Act Article 22-5).
• The Immigration Services Agency has published 7 approved cases and 6 unapproved cases for changes to Long-Term Resident. The cases include circumstances such as the care and upbringing of a Japanese child, domestic violence, income, long-term departure from Japan, and criminal history.
• The Application Fee for Application for Change of Status of Residence has been revised to 10,000 yen to 75,000 yen (at the counter) depending on the Period of Stay permitted, effective from October 1, 2026.

2. What is the Status of Residence “Long-Term Resident”?

2-1. Positioning of Long-Term Resident

Long-Term Resident is one of the Status of Residence based on “status or position” as stipulated in Appended Table II of the Immigration Control Act. The Period of Stay is 5 years, 3 years, 1 year, 6 months, or a period individually designated by the Minister of Justice (not exceeding 5 years).

The restrictions on employment activities stipulated in Article 19 of the Immigration Control Act apply to Status of Residence listed in Appended Table I (e.g., Engineer/Specialist in Humanities/International Services, Student). Since Long-Term Resident, listed in Appended Table II, is not subject to these restrictions, there are no limitations on the type of work if one becomes a Long-Term Resident.

2-2. Categories Defined by Notification and Other Cases

The Minister of Justice has defined typical positions corresponding to Long-Term Resident in the “Long-Term Resident Notification” (Ministry of Justice Notification No. 132 of 1990). The Immigration Services Agency’s “Long-Term Resident” page provides application documents for the following categories:

Categories Guided by the Immigration Services Agency	Content
Third-Generation Japanese Descendant	When the applicant is a third-generation Japanese descendant
Spouse of a Second-Generation Japanese Descendant	When the applicant is the husband or wife of a second-generation Japanese descendant
Spouse of a Third-Generation Japanese Descendant	When the applicant is the husband or wife of a third-generation Japanese descendant
Unmarried Minor Biological Child Supported by	Unmarried minor biological child who lives supported by a Permanent Resident, Long-Term Resident, Spouse or Child of Japanese National, Spouse or Child of Permanent Resident, or Special Permanent Resident
Adopted Child Under 6 Years Old	Adopted child under 6 years old who lives supported by a Japanese National, Permanent Resident, Long-Term Resident, or Special Permanent Resident

The term “minor” in the Long-Term Resident Notification has been defined as under 18 years old since April 1, 2022, in accordance with the Civil Code Amendment.

If a divorced or bereaved spouse wishes to change to Long-Term Resident, it does not fall under the categories in this table. The Immigration Services Agency separately publishes approved and unapproved cases for changes from a spouse’s Status of Residence to Long-Term Resident. These cases provide clues to understand the trends in judgment.

3. What Happens After Divorce or the Death of a Spouse?

3-1. Notification within 14 Days

Individuals residing under “Spouse or Child of Japanese National” (those residing as a spouse of a Japanese national) and “Spouse or Child of Permanent Resident” (those residing as a spouse of a Permanent Resident, etc.) must notify the Immigration Services Agency within 14 days of divorcing or the death of their spouse (Immigration Control Act Article 19-16, Item 3). The method of notification is explained in detail in International Divorce Notification | Governing Law, 14-Day Notification to Immigration, and 6-Month Rule.

3-2. The 6-Month Rule and “Opportunity for Change”

Immigration Control Act Article 22-4, Paragraph 1, Item 7 stipulates that if a person residing under the Status of Residence of Spouse or Child of Japanese National or Spouse or Child of Permanent Resident continues to engage in activities other than those as a spouse for six months or more, it constitutes a ground for revocation of the Status of Residence (unless there is a legitimate reason). Individuals who are simultaneously a spouse and were born as a child of a Japanese national or are a special adopted child of a Japanese national (for Spouse or Child of Permanent Resident, those born in Japan as a child of a Permanent Resident, etc., and have continued to reside in Japan thereafter) are excluded from this item.

On the other hand, Immigration Control Act Article 22-5 stipulates that when intending to revoke a Status of Residence on this ground, consideration must be given to providing an opportunity to apply for a Change of Status of Residence or Permission for Permanent Residence. The Immigration Services Agency explains that it publishes cases of changes to Long-Term Resident to enhance the transparency of operations, based on the intent of this provision.

4. Cases where Change to Long-Term Resident Status was Approved (Published by Immigration Services Agency – 7 Cases)

These cases were published by the Immigration Bureau of the Ministry of Justice (now the Immigration Services Agency) in July 2012 and revised in March 2017. The summaries of the 7 approved cases are as follows:

No.	Former Spouse	Marriage Period	Divorce/Death	Main Circumstances (Summary)
1	Japanese National	Approx. 6 years 6 months	Divorce	Custodial parent of a Japanese child, with a record of care and upbringing. Stable income as a home care worker.
2	Japanese National	Approx. 3 years	De facto breakdown	Marriage de facto broken down due to domestic violence. Divorce proceedings incomplete, but separated, and both parties clearly intended to divorce. Stable income as a nursing assistant.
3	Special Permanent Resident	Approx. 6 years 1 month	Death	Needed to continue managing a metal welding business, with a stable income.
4	Japanese National	Approx. 4 years 5 months	Divorce	Divorced due to domestic violence, developed post-traumatic stress disorder. Custodial parent of a Japanese child, with a record of care and upbringing.
5	Japanese National	Approx. 11 years 5 months (Total cohabitation approx. 2 years)	De facto breakdown	Separated for a total of over 8 years due to domestic violence. Spouse refused contact and consulted an attorney for divorce proceedings.
6	Permanent Resident	Approx. 6 years	De facto breakdown	Separated for over 3 years due to domestic violence. Custody dispute, divorce mediation failed, divorce lawsuit in preparation.
7	Japanese National	Approx. 7 years 9 months	Divorce	Custody with former spouse, but continuously paid 30,000 yen per month in child support for Japanese child. Stable income as a company employee.

5. Cases where Change to Long-Term Resident Status was Denied (Published by Immigration Services Agency – 6 Cases)

No.	Former Spouse	Marriage Period	Divorce/Death	Main Circumstances (Summary)
1	Japanese National	Approx. 3 years	Divorce	Convicted of fraud and assault. Custody with former spouse.
2	Permanent Resident	Approx. 3 years 11 months	De facto breakdown	Stayed outside Japan alone for approx. 1 year 9 months.
3	Japanese National	Approx. 3 years 10 months	Death	Stayed outside Japan alone for approx. 1 year 6 months. Even while in Japan, lived separately from former spouse and worked at an adult entertainment establishment.
4	Japanese National	Approx. 1 year 11 months	Divorce	Second divorce alleging domestic violence. Sought protection during the first divorce but soon remarried the same person.
5	Japanese National	Approx. 3 months	Divorce	Alleged domestic violence, but marriage and cohabitation period was less than 3 months.
6	Japanese National	Approx. 2 years 1 month	Divorce	Alleged domestic violence, but after separating to attend a Japanese language school, was registered at an adult entertainment establishment. The actual marriage was considered to have lasted for approx. 1 year 3 months.

6. Key Points from Published Cases

The published materials state that a change of Status of Residence is permitted only “when there are reasonable grounds to deem the change appropriate” (Immigration Control Act, Article 20, Paragraph 3), and that this judgment is made by comprehensively considering the applicant’s activities, residence status, necessity of residence, etc. Therefore, it is explicitly stated that even if the circumstances are similar to a case, the conclusion may differ. Furthermore, by organizing the circumstances listed in the cases, the following points repeatedly appear:

• Relationship with Japanese Child: Cases where the applicant is the custodial parent and provides care and upbringing (No. 1, No. 4) are approved, as are cases where the applicant continues to pay child support even if custody is with the former spouse (No. 7).
• Substance and Duration of Marriage: The marriage periods for the 7 approved cases ranged from approximately 3 years to 11 years 5 months. Among the denied cases, there was an example where the marriage and cohabitation period was less than 3 months (No. 5) and an example where the actual marriage was considered to have lasted for approximately 1 year 3 months (No. 6). Note that the published materials do not specify a uniform standard for the marriage period.
• Domestic Violence: There are 4 approved cases where the breakdown or divorce was caused by domestic violence. On the other hand, even in cases where domestic violence was alleged, cases involving repeated divorce and remarriage with the same partner (No. 4), a marriage and cohabitation period of less than 3 months (No. 5), or registration at an adult entertainment establishment after separation (No. 6) were not approved.
• Basis for Life in Japan: Stable income and continuation of business are mentioned in 4 of the 7 approved cases (No. 1, No. 2, No. 3, No. 7).
• Presence in Japan and Conduct: Cases where the applicant was outside Japan alone for over a year (No. 2, No. 3) or had a criminal conviction (No. 1) were not approved.

Article 20, Paragraph 3 of the Immigration Control Act stipulates that the appropriateness of the change is judged based on the documents submitted by the applicant. These circumstances must be explained and substantiated with documents. For example, records of child care and upbringing, child support payments, details of domestic violence, income, and work situation. The necessary documents vary depending on the circumstances, so it is advisable to gather any available records early to facilitate preparation.

7. Application Procedures for Change of Status of Residence

7-1. Application Period, Submission Location, and Processing Time

Item	Content
Basis	Immigration Control Act, Article 20
Application Period	From the time the reason for the change of Status of Residence arises until before the expiration date of the Period of Stay
Submission Location	Regional Immigration Services Bureau with jurisdiction over the applicant’s place of residence (For residents of Miyazaki Prefecture, Fukuoka Regional Immigration Services Bureau Miyazaki Branch Office)
Online Application	Available
Standard Processing Time	1 to 2 months
Appeal	None

If you apply by the expiration date of your Period of Stay and the result is not issued by that date, you can remain in Japan with your current Status of Residence until the disposition is made or until the end of two months after the expiration date, whichever comes first (Immigration Control Act, Article 20, Paragraph 6). For an estimate of the processing period, please refer to Status of Residence Application Processing Period | Latest Average Days and Important Points for 2026.

7-2. Fee (after revision on October 1, 2026)

Period of Stay Granted	Counter	Online
3 months or less	10,000 yen	10,000 yen
Over 3 months to 6 months or less	18,000 yen	15,000 yen
Over 6 months to less than 1 year	25,000 yen	21,000 yen
1 year	33,000 yen	27,000 yen
Over 1 year to less than 3 years	48,000 yen	42,000 yen
3 years or more to less than 5 years	64,000 yen	56,000 yen
5 years or more	75,000 yen	65,000 yen

Applications accepted by September 30, 2026, will be subject to the pre-revision fee (6,000 yen at the counter) even if permission is granted on or after October 1. For online applications, the fee can be paid via convenience store payment or bank transfer, with an additional settlement fee. The overall picture of the revision is summarized in Immigration Services Fee Revision on October 1 | Old Fees Apply Until September 30.

8. For Foreign Nationals and Company Representatives

For Foreign Nationals

• Within 14 days of divorce or death of spouse, please submit a Notification of Relationship with Spouse to the Immigration Services Agency.
• Check the expiration date of your Residence Card and, if considering a change to Long-Term Resident, start preparations without waiting for the expiration date.
• Gather records that show your circumstances, such as child custody and upbringing, child support payments, work and income, and history of domestic violence (e.g., transfer records, consultation records, employment certificates).
• If you plan to leave Japan for an extended period, please consult us in advance, including the impact on your application.

For HR Professionals

1. Employees with the Status of Residence of “Spouse or Child of Japanese National” or “Spouse or Child of Permanent Resident” are listed in Appended Table II, so there are no restrictions on the content of their work. Divorce or death of a spouse does not immediately mean they cannot work.
2. However, the individual must carry out the procedures to continue their residence. Please keep track of the expiration date of their Period of Stay within the company.
3. Even if a change to Long-Term Resident is permitted, there are no restrictions on the content of their work as it is a Status of Residence listed in Appended Table II. Confirm the Status of Residence and Period of Stay on the new Residence Card, and record a copy and the confirmation date.
4. This topic concerns family matters. Limit inquiries to the extent of the individual’s consent and approach them with a willingness to jointly confirm the application deadlines.

9. Frequently Asked Questions

Q1. If I get divorced, do I have to return to my home country immediately?

A. If your Period of Stay remains, your Residence Card does not immediately become invalid. However, if you continue to reside in Japan without engaging in activities as a spouse for six months or more, your Status of Residence may be subject to revocation, unless there is a legitimate reason. If you wish to continue residing in Japan, please consider an Application for Change of Status of Residence.

Q2. If the marriage period is less than 3 years, can I not change to Long-Term Resident?

A. The Immigration Services Agency’s public documents do not specify a uniform standard for the marriage period. The marriage periods in published approval cases range from approximately 3 years to approximately 11 years and 5 months, and cases with a marriage cohabitation period of less than 3 months have not been approved. According to the public documents, decisions are made based on a comprehensive assessment of the content of activities, residence status, and necessity of residence. In published cases, the relationship with children and the basis of livelihood are also cited as circumstances.

Q3. The child’s parental authority belongs to my former spouse. Is there still a possibility?

A. In published cases, there is an example (Case 7) where a person whose parental authority belonged to the former spouse but who continued to pay monthly child support to a Japanese child and had a certain income as a company employee was approved. It is important to keep records of payments.

Q4. Are there any work restrictions once I become a Long-Term Resident?

A. The restrictions on work activities under Article 19 of the Immigration Control Act apply to Status of Residence listed in Appended Table I, but not to Long-Term Resident listed in Appended Table II. There are no restrictions on the type of work.

Q5. I live in Miyazaki. Where do I apply?

A. The Fukuoka Regional Immigration Services Bureau Miyazaki Branch Office, which has jurisdiction over your place of residence, is the application destination. An Application for Change of Status of Residence can also be submitted online.

Q6. Is the procedure the same if my spouse dies?

A. In the case of death of a spouse, a notification is also required within 14 days, and if you wish to change to Long-Term Resident, you must submit an Application for Change of Status of Residence. In published cases, there is an example (Case 3) where a person whose Special Permanent Resident spouse died and who needed to continue their business was approved, and an example (Denial Case 3) where a person who had been outside Japan alone for a long time was not approved.

10. Summary: After Divorce or Bereavement, Start with “Deadlines” and “Recording Circumstances”

Foreign nationals residing in Japan as a Spouse or Child of Japanese National or Spouse or Child of Permanent Resident will face two deadlines after divorce or bereavement: notification within 14 days and the six-month rule. Changing to Long-Term Resident is not a category for which the Immigration Services Agency provides guidance documents. In cases published by the Immigration Services Agency, factors such as the relationship with the child, the reality of the marriage, the basis of livelihood, and the status of residence in Japan are listed as criteria for judgment. Since conclusions may differ even in similar cases, it is important to support your circumstances with records and apply before the expiration date of your Period of Stay.

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As an Administrative Scrivener Corporation in Miyazaki City, Miyazaki Prefecture, our office assists with changes of Status of Residence after divorce or bereavement, and with verification procedures for companies employing foreign nationals.

For procedures that can be filed online, such as applications for a Certificate of Eligibility, change of status of residence and extension of period of stay, we accept requests from clients nationwide. Meetings are held online (Google Meet, LINE) and documents are exchanged by mail or electronically, so there is no need to visit our office. Applications for Permission for Permanent Residence and for Permission of Naturalization cannot be filed online and must be submitted at the counter, so they are limited to residents of Miyazaki Prefecture. Depending on the procedure and its urgency, you may need to collect your Residence Card at the counter of the immigration office covering the area where you live. Online applications cannot be filed on the last day of your period of stay, so please consult us as early as possible.

• Preparation of documents for Application for Change of Status of Residence to Long-Term Resident
• Creation of a Statement of Reasons explaining the circumstances
• Guidance on the procedure for notification within 14 days after divorce or bereavement
• Consultation on application schedule with the expiration date of the Period of Stay in mind

Please feel free to use our free consultation service first.

📩 Contact us here

📞 To book a phone consultation: 0985-68-0851

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This article is written based on publicly available information as of October 2026. Details of the system and implementation dates may change in the future. For actual applications, please check the official information from the Immigration Services Agency or contact our office.

Author of this article: Administrative Scrivener Authorized to File Applications, Satoshi Nakayama

Representative, Administrative Scrivener Corporation Miyazaki International Legal Office

Location: Miyazaki City, Miyazaki Prefecture

Sources (Primary Information)

• Immigration Services Agency “Status of Residence ‘Long-Term Resident'” https://www.moj.go.jp/isa/applications/status/longtermresident.html
• Immigration Services Agency “Examples of Approved and Disapproved Applications for Change of Status of Residence from ‘Spouse or Child of Japanese National’ or ‘Spouse or Child of Permanent Resident’ to ‘Long-Term Resident'” https://www.moj.go.jp/isa/content/930002823.pdf
• Immigration Services Agency “Application for Change of Status of Residence” https://www.moj.go.jp/isa/applications/procedures/16-2.html
• Immigration Services Agency Leaflet “Immigration Services Fee for foreign nationals will be revised from October 1, 2026.” https://www.moj.go.jp/isa/content/001469200.pdf
• Immigration Services Agency “Fukuoka Regional Immigration Services Bureau” https://www.moj.go.jp/isa/about/region/fukuoka/index.html
• e-Gov Law Search “Immigration Control and Refugee Recognition Act” (Articles 19, 19-16, 20, 22-4, 22-5, Annexed Table II) https://laws.e-gov.go.jp/law/326CO0000000319