[What Is a Non-Notified Long-Term Resident?] Can You Stay in Japan After Divorcing a Japanese National? The “Long-Term Resident” Visa Granted for Special Circumstances and Our Office’s Approval Record

Hello! This is Legal Gate Immigration Lawyer Office (VISA SUPPORT JAPAN) in Oita Prefecture.

We often receive heartfelt inquiries from people who were living in Japan on a “Spouse or Child of Japanese National” visa after marrying a Japanese national, but who unfortunately divorced or lost their spouse: “Can I no longer live in Japan?” In such cases, if certain requirements are met, there is a possibility of changing to the status of residence (visa) “Long-Term Resident” and continuing to live in Japan.

This time, we will explain the “Long-Term Resident outside the Public Notice” (kokujigai teijūsha) category—which is not clearly written in the Ministry of Justice’s rules (the public notice) but may be approved when individual circumstances are taken into account—along with our office’s record of approvals!

1. What is the difference between a “Long-Term Resident under the Public Notice” and a “Long-Term Resident outside the Public Notice”?

The status of residence (visa) “Long-Term Resident” is a status in which the Minister of Justice, taking special reasons into consideration, permits residence by designating a certain period of stay. This Long-Term Resident status can be broadly divided into two patterns.

• Long-Term Resident under the Public Notice: Cases that fall under the categories established in advance by the government (the Ministry of Justice public notice), such as second- and third-generation persons of Japanese descent and their spouses, or minor biological children of a Long-Term Resident.

• Long-Term Resident outside the Public Notice: Cases that do not directly fall under the public notice, but are exceptionally approved after examination of “individual special circumstances (such as humanitarian considerations),” including the applicant’s residence status in Japan, family relationships, and the necessity of continuing to reside in Japan.

Typical examples of Long-Term Residents outside the Public Notice include people who have divorced or been bereaved of a spouse who was a Japanese national or Permanent Resident, and people who have custody of and are raising a biological child of a Japanese national.

2. Key points for changing to Long-Term Resident due to divorce or bereavement (“divorce-based Long-Term Resident”)

In order for residence in Japan to be approved as a Long-Term Resident outside the Public Notice after divorce from or the death of a Japanese national or Permanent Resident, the following requirements are mainly examined.

• Substance and duration of the marriage: Emphasis is placed on whether there was a normal marriage and a record of living together for a certain period (roughly 3 years as a guideline).

• Independent livelihood: You are required to have a stable occupation or income enabling you to support yourself with your own earnings, without receiving public assistance or similar benefits.

• Good conduct: You must comply with the law and be of good conduct.

• Japanese language ability and settlement in Japan: For Long-Term Residents outside the Public Notice, your degree of settlement in Japan is considered, including whether you have Japanese language ability sufficient for daily life without inconvenience.

3. Our office’s strengths and our record of approvals in “difficult cases”

Applications for Long-Term Resident outside the Public Notice are extremely difficult procedures, because no clear criteria are publicly published and you must persuasively demonstrate to the Immigration Bureau, according to your individual circumstances, “why you need to continue living in Japan.”

Our office has extensive experience supporting highly difficult Long-Term Resident cases, such as the following.

• Record of recovery from denials We have handled numerous recovery (re-application) cases for people who applied on their own to change to Long-Term Resident status and received a “denial” due to insufficient explanation or incomplete documents, and we have successfully obtained approval for them.

• Record of approvals for divorce-based Long-Term Resident status where the period of cohabitation was short Although it is generally said that “3 years or more of cohabitation” is required for divorce-based Long-Term Resident status, our office has obtained approvals even in cases where the period of cohabitation fell short of this, by carefully interviewing the client about their living situation and the special circumstances requiring them to remain in Japan, and by preparing a logically structured letter of explanation.

4. Reference link (Immigration Services Agency)

Official information on the status of residence (visa) “Long-Term Resident” can also be found on the Immigration Services Agency website below.

• Overview of the status of residence “Long-Term Resident” Immigration Services Agency website: Status of residence “Long-Term Resident”

Don’t worry alone—consult a specialist!

“I’ve gotten divorced and my visa deadline is approaching, but I don’t know what to do.” “I applied on my own and was denied, and I feel hopeless……”

If you have concerns like these, please never give up—first consult Legal Gate Immigration Lawyer Office (VISA SUPPORT JAPAN) in Oita Prefecture. So that the life you have built in Japan is not wasted, we will propose the best solution as specialists and support you with all our effort!