Impact of Previous Divorces on Spouse Visa Evaluation
When looking to remarry after a divorce, the evaluation for a spouse visa will pay attention to various factors including how the relationship began, its duration, circumstances of the previous marriage, and the remarriage prohibition period for Japanese women.
Multiple Divorces
Having one divorce may not pose much of a problem, but having two or more divorces enters a risky zone. Individuals with a history of two or three divorces may raise suspicions of sham marriages at the Immigration Bureau as sham marriages are often repeated in a short duration to gain benefits. Foreign nationals with multiple divorces are scrutinized more severely. To mitigate suspicions, it’s vital to provide detailed proof regarding the number of divorces, duration of previous marriages, reasons for divorce, period between divorce and remarriage, presence of children, alimony, and more detailed marital facts to the authorities.
Quick Remarriage Post Divorce
For those who remarry a foreign spouse shortly after a divorce, it might appear as a rushed marriage, potentially raising doubts about the genuineness of the marriage. Hence, proving the failure of the previous marriage, the length and sincerity of the current relationship becomes necessary.
Previous Spouse was also a Foreign National
If both the previous and the current spouses are foreigners, the lifestyle of the previous spouse post-divorce becomes a focal point. If the ex-spouse was residing in Japan on a spouse visa, they need to either return to their home country or change their residency status within six months post-divorce. Some may overstay without changing their status, which could affect the visa approval of the Japanese spouse in the new marriage, especially if they were the guarantor for the ex-spouse.
Remarriage Prohibition Period (Japanese Law)
In Japan, women are prohibited from remarrying until 100 days have passed post-divorce. This prohibition applies to foreigners marrying in Japan as well. Caution is needed to adhere to this law, and for more details, a linked resource is provided within the text.
The document provides a well-rounded view of the implications surrounding divorce and remarriage when it comes to obtaining a spouse visa in Japan. It’s essential to adhere to the local laws and provide thorough documentation to ensure a smooth visa evaluation process.
Learn more: How to get your Spouse VISA?
Professional
Masakazu Murai
18 years’ experience in Investment Banking at Mitsubishi UFJ Morgan Stanley (JV, MUFG Bank and Morgan Stanley). He had provided financial advisory more than 500 entrepreneurs and senior management.
During his tenure, he worked as an employee union executive committee member in promoting diversity, including the active participation of foreigners and women in the office, and engaged in activities to improve the working environment. He specializes in financial consulting and VISA/PR consulting.
Gyoseishoshi Immigration Lawyer
CMA(Japanese financial analyst license)
CFP (Certified Financial Planner)
Master of Business Administration in Entrepreneurship