Key Considerations for Seeking Permanent Residence as a Highly-Skilled Professional After Divorcing a Japanese Spouse#

For foreign nationals residing in Japan under the “Spouse or Child of Japanese National” status, a divorce marks a significant life change that directly impacts their residency status. The foundation for this visa is the marital relationship, and its dissolution necessitates a change to a different status of residence to continue living in Japan.

One viable path is to leverage one’s academic background, professional career, and income to obtain the “Highly-Skilled Professional (HSP)” status, with the ultimate goal of securing “Permanent Resident” status. While this is a promising option for skilled individuals, the transition process involves several critical points that require careful attention. This article provides a step-by-step explanation of these key considerations.

1. Obligations and Deadlines Regarding Your Status of Residence After Divorce#

The most urgent priority after a divorce is to take swift action regarding your residency status. The “Spouse or Child of Japanese National” status is contingent on being married to a Japanese citizen. Once this relationship ends, the legal basis for your stay is lost.

Notification Requirement: You are legally obligated to notify the Immigration Services Agency (ISA) of your divorce within 14 days. Failure to do so can result in penalties.
Risk of Revocation: If you continue to reside in Japan for more than six months after the divorce without engaging in the activities corresponding to a spouse (e.g., cohabiting and receiving support) and without a justifiable reason, your status of residence may be revoked.

Therefore, it is essential to promptly prepare and file an application to change your status to one that reflects your new situation, such as a work visa or “Long-Term Resident.” The HSP visa is a strong candidate for this change.

2. Verifying the Requirements for the “Highly-Skilled Professional” Visa#

The “Highly-Skilled Professional” status is granted to individuals who score 70 points or more on a points-based system that evaluates factors like academic background, professional experience, annual salary, age, research achievements, qualifications, and Japanese language ability. To change to this status, you must meet the following conditions:

Points Calculation: You must accurately assess whether your profile meets the 70-point threshold. It is crucial to note that time spent as a homemaker or work done under “Permission to Engage in Activity Other Than That Permitted” (e.g., part-time jobs) while on a spouse visa generally does not count toward the “professional experience” points. Formal work experience in Japan is a significant factor.
Securing Employment: A prerequisite for applying for the HSP visa is having a job offer and a signed employment contract with a Japanese company or institution. The work must align with the activities defined for Highly-Skilled Professionals (e.g., advanced academic research, specialized technical activities, business management). If you need to start job hunting after your divorce, you must do so strategically, keeping your visa deadlines in mind.

3. Requirements for Permanent Residence Application Using the HSP Points System#

A major advantage of the HSP status is the preferential treatment that shortens the required period of stay for a Permanent Residence (PR) application. However, there is a critical detail here.

Standard PR Requirement: Typically, an applicant must have resided in Japan continuously for 10 years or more to be eligible for permanent residence.
Preferential Treatment for HSPs:
- Individuals with 70 points or more can apply for PR after residing in Japan continuously for 3 years as an HSP.
- Individuals with 80 points or more can apply for PR after residing in Japan continuously for 1 year as an HSP.

The most important point to understand is that this “3-year” or “1-year” period must be spent under the “Highly-Skilled Professional” status. The years you spent in Japan under the “Spouse or Child of Japanese National” status do not count toward meeting this shortened residency requirement.

For example, if you lived in Japan as a spouse for five years, then divorced and obtained an HSP visa with a score of 80 points, you would only become eligible to apply for permanent residence after completing one full year of activity under the HSP status.

4. The Comprehensive Review for a Permanent Residence Application#

Meeting the point and residency requirements is merely the first step. The PR application involves a comprehensive review to determine if the applicant is a suitable permanent member of Japanese society.

Fulfillment of Public Duties: Meticulously fulfilling your obligations to pay taxes (resident tax, income tax, etc.), public pension, and health insurance premiums is absolutely critical. Any history of non-payment or late payments can severely jeopardize your application. After a divorce, your household status changes, and you become solely responsible for these payments, so extra diligence is required.
Good Conduct: You must demonstrate good conduct, which includes having a clean record with no criminal history or significant traffic violations, and abiding by Japanese laws.
Ability to Make an Independent Living: You must prove that you have sufficient assets or skills to maintain a stable and independent livelihood after the divorce. Your salary as a Highly-Skilled Professional serves as strong evidence for this.
Guarantor: The PR application requires a guarantor who is a Japanese national or a Permanent Resident. As it may be difficult to ask your former spouse to fulfill this role, you will need to find a new guarantor, such as a supervisor at work or a trusted friend.

Conclusion#

Pivoting to a career as a Highly-Skilled Professional and aiming for permanent residence after divorcing a Japanese spouse is a realistic path for building a future in Japan. However, this journey requires careful and strategic planning.

You must act quickly to change your status of residence, confirm that your profile meets the HSP point requirements, and secure suitable employment. Furthermore, to successfully obtain permanent residence, it is essential to correctly understand the shortened residency rules and, above all, to consistently and faithfully fulfill your public duties, such as paying taxes and pension contributions.