Q-1) Good evening, Attorney Miyoshi.
I’m always reading your legal column in magazines in the past, and Facebook now. I also have a problem about my visa status. Can you please advise me what to do about my problem?
I divorced my Japanese husband last year (December 18, 2021), and now my visa will end next month (February 21, 2022).
I have a daughter who is now 2 years old with me. She is now entering Hoikuen (Nursery school) every day and I am taking care of her.
What should I do to extend my visa without my Japanese husband since my daughter was registered in his Koseki-Tohon (family register) and have already finished the Homekyoku’s procedures?
My problem is, should I change my immigration status? Or should I not change the status?
What is the procedure that I should do? Can I apply for a permanent visa?
My 3yrs visa will end next year. Moreover, should I change my name to the original one?
Please help me and give me some advice so that I can carry out the procedures to do.
Thank you very much for your column.
(“Analyn” in Okayama-city)
A-1) Even if you have already divorced your Japanese husband, I am sure that your Immigration status is still now “Spouse / Child of Japanese national”,
isn’t it? Because you were the spouse of a Japanese national before you divorced. Besides, the term of your status is three years and will expire on February 21, 2022.
Now, you have no problem with your Immigration status at all. Surely, do not worry about your problem since you can apply to change your status from the “Spouse / Child of Japanese national” to the “Long Term Resident” because I am sure that you have already fulfilled the criteria to be granted the “Long Term Resident”. So, please go to the Immigration Bureau, which has jurisdiction over your address, and apply for the change of your status as soon as possible.
The reason why your application will be granted are as follows.
・Your child who is only two years old is a Japanese national.
・You are a person in the parental authority of your child.
・You are carrying out the bringing-up and custody of your child.
In accordance with the Immigration Act, you can reside and live together with her as long as you want in Japan. Immigration officer who handles your case can help you when you explain your story and situation.
For your information, I think it is still premature to talk about the permanent residence permit in your case.
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 0463-61-
Address: Kanagawa-ken, Naka-gun, Oiso-cho, Higashikoiso 716-2
Nearest station: Oiso station by Tokado Line
Working hour/day: 09:00-18:00/Monday-