Visa Renewal Risks During Divorce Mediation Caused by Japanese Spouse’s Infidelity#

For foreign nationals married to Japanese citizens, facing a visa renewal while undergoing divorce mediation can be a source of significant anxiety. This situation is particularly complex when the breakdown of the marriage is caused by the Japanese spouse’s “infidelity” (unfaithfulness or adultery).

Generally, the “Spouse or Child of Japanese National” visa status is premised on the existence of a substantial marital reality, meaning the couple lives together and supports each other. Therefore, facts such as separation or ongoing divorce mediation are viewed negatively by the Immigration Services Agency of Japan, often leading to potential denials.

However, if the cause of the marital breakdown lies with the Japanese spouse (e.g., infidelity or domestic violence), Immigration may apply exceptional measures based on humanitarian considerations and legal protection for the foreign spouse. This article provides an objective explanation of the risks associated with visa applications during divorce mediation due to infidelity, and the key points reviewed during the process.

Marital Substance and the Judgment of “Breakdown”#

To maintain a Spouse Visa, it is not enough to be legally married; a substantial marital life must continue.

Normally, the fact that a couple is in divorce mediation is interpreted as the marital relationship having “broken down” or being “difficult to restore.” Consequently, the risk of a renewal application being denied increases. Since the Immigration Bureau places great emphasis on cohabitation, if the couple is living apart due to infidelity, a rational explanation is essential.

Nevertheless, under Immigration guidelines, even if a couple is in divorce mediation, there is room for the renewal of the period of stay if either of the following circumstances applies:

There is still a possibility of restoring the marital relationship.
Even if divorce is inevitable, the applicant wishes to continue living in Japan and is expected to qualify for a change of status to a visa such as “Long-Term Resident” (Teiju).

The Impact of “Infidelity” on Immigration Review#

When the cause of the divorce is the other party’s (the Japanese spouse’s) infidelity, this is a crucial factor considered in favor of the applicant (the foreign spouse).

The Immigration Bureau aims to avoid situations where a foreign spouse is unilaterally victimized and unreasonably deprived of their foundation for life in Japan. Therefore, they may exercise humanitarian discretion. Specifically, even during divorce mediation, Immigration tends to grant short-term extensions (such as 6 months or 1 year) to allow the foreign spouse to remain in Japan until the court proceedings are concluded and their rights are settled.

In this context, merely claiming “my partner cheated” is insufficient; submission of objective evidence is required.

The Major Risk: The Guarantor and Documentation#

The most significant hurdle in visa renewal during divorce mediation is the issue of the “Guarantor” (Mimoto Hoshonin).

In principle, the Japanese spouse is required to be the guarantor for a Spouse Visa renewal. However, in cases involving infidelity and divorce disputes, the Japanese spouse almost always refuses to sign the guarantee documents.

While failing to submit a Letter of Guarantee is usually treated as an incomplete application, in these specific circumstances, the following measures are necessary:

Statement of Reasons for Inability to Submit Letter of Guarantee: A document explaining in detail that the relationship has deteriorated due to the Japanese spouse’s infidelity, making their cooperation impossible to obtain.
Appointing a Substitute Guarantor: It is highly advisable to find a relative or acquaintance residing in Japan who has stable economic power to serve as a substitute guarantor.

If the Immigration authorities determine that the reason for the lack of cooperation from the Japanese spouse is “justifiable,” they generally accept the application without the Japanese spouse’s guarantee and proceed with the review.

Importance of Evidentiary Documents#

To convince Immigration that the applicant is “in mediation due to infidelity,” objective supporting materials are indispensable. Relying solely on verbal explanations carries the risk of the situation being misinterpreted as a mere marital quarrel or, conversely, a sham separation for visa purposes.

Certificate of Case Pendency (Jiken Keizoku Shomeisho): A document issued by the Family Court proving that legal proceedings are currently underway.
Evidence of Infidelity: This may include investigation reports from private detectives, message history with the affair partner, photographs, or a written apology admitting to the affair. While privacy must be handled carefully, these are decisive elements in proving the Japanese spouse’s fault.
Written Statement (Riyu-sho): A logical description of the history of the relationship, current living conditions, and future life plans in Japan (such as the intent to change to a Long-Term Resident visa after divorce).

Renewal with a View to “Long-Term Resident” Status#

A visa renewal granted during divorce mediation is often a temporary measure to stabilize the applicant’s legal status for the duration of the lawsuit.

If the divorce is finalized, the eligibility for the “Spouse or Child of Japanese National” status is lost. To continue residing in Japan thereafter, it is necessary to change the status of residence to “Long-Term Resident” (Teiju) – specifically, the category often referred to as “Divorce Teiju.”

At the stage of the renewal application during mediation, the Immigration Bureau tends to comprehensively judge whether there is a possibility of granting this change to “Long-Term Resident” in the future. Even if the divorce is caused by the Japanese spouse’s infidelity, the following requirements are typically emphasized:

Duration of Marriage: A substantial period of normal marital life (generally, cohabitation for more than three years).
Custody of Children: Whether the applicant is raising a biological child who is a Japanese national.
Financial Stability: Possession of assets or skills sufficient to make an independent living.

If these criteria are met, the renewal of the visa during the mediation period is relatively more likely to be approved.

Conclusion#

The fact that a foreign national is in divorce mediation due to a Japanese spouse’s infidelity does not mean their residence status will be immediately revoked or that a renewal will be automatically denied. The Immigration Services Agency operates with respect for the foreign spouse’s rights to undergo legal proceedings and acknowledges their position as a victim in such scenarios.

The key is not just emotional appeals, but the provision of objective documents proving the fact of infidelity, the justifiable reason for the lack of a guarantor, and the applicant’s own economic ability. By following the appropriate procedures, it is fully possible to secure a period of stay until a legal resolution is reached.