1 then 5 then permanent for spouse visa?

[momotobananaoishii]

The cases I know of in the past had immigrations being quite accomodating and allowing the individuals to remain in country at least until the original spouse visa expired. But, the individuals still had to come up with another acceptable visa catagory for later! Unfortunately, this only makes sense.

Of course. In fact, the one thing I do of is that it you have a 3 year spouse visa from today and divorce tomorrow that visa is still good for 3 years. But all the other stuff I didn't know about. Lots of info. Thanks! Of course I would still consult with a lawyer

[omae mona]

I've always understood the law to be what gboothe says: your spouse residential status is instantly invalidated when your marriage ends for any reason. momo-san, where did you see this information about being allowed to stay?

OTOH... skimming through translations of the law at http://www.moj.go.jp/ENGLISH/index.html, I was unable to see anything stating clearly that your status of residence can be invalidated for reasons of divorce. And usually these pages are pretty explicit. They list tons of reasons other kinds of visas can become invalid. The only thing I can see that really supports gboothe's (and my) version is:

http://www.moj.go.jp/ENGLISH/information/icrr-08.html

Revocation of Status of Residence
..
(5) Other than the cases provided for in any of the preceding items, the alien residing under a status of residence specified in the left-hand column of Annexed Table I has failed to continue to engage in the activities described in the right-hand column corresponding to that status for three months or more while residing in Japan (excluding cases where the alien has justifiable reason for not engaging in the activities while residing in Japan).

I could see a divorce being interpreted as a cessation of your engaging in activities. Maybe this means you just have to keep boinking your ex once every 3 months to keep the visa?

No, actually, seriously, though, the key thing is that the law above references "Annexed Table I". I looked it up, and spouses are very definitely not in table I. They're in table II. This is all for a reason, I'm sure. I am starting to change my mind and believe that a "spouse of Japanese national" status of residence can't be revoked mid-term due to divorce.

Can anybody find evidence otherwise?

[Samurai_Jerk]

I had a friend who lived in Japan on his spouse's visa for a couple of years after his divorce. He said technically, he was supposed to change status or leave, but in reality no one comes to track you down if you don't.

Maybe it's sory of like being unemployed on a work visa

[Greji]

[quote="Samurai_Jerk"]I had a friend who lived in Japan on his spouse's visa for a couple of years after his divorce. He said technically, he was supposed to change status or leave, but in reality no one comes to track you down if you don't.

Maybe it's sory of like being unemployed on a work visa ]

I think your friend is right. It goes back to the common point, if you are allowed to reside in Japan as the spouse of a Japanese and suddenly, you don't have a spouse, it would seem to invalidate the visa. Obviously, they are not going to come and check you but you could be found out through an accident/incident, or your city office notices it during any of the change in status transactions by you, or your ex-wife (she might even dime you).

But it comes down to the point that you have to weigh the odds for yourself. We can't tell you it's okay, or it isn't. They probably won't look for you and you probably wouldn't get found out. However, if you do and are found out to be illegal, you are then an illegal alien, which could qualifiy you for the all expense paid tour of Kosugi (indifinite length) and deported without being able to return to Japan for a minimum of five years or more.

[momotobananaoishii]

No the visa is VALID but NOT renewable. VALID until it expires. You can work and do what you want UNTIL that visa expires. The law cannot cancel a visa, it can only not renew it. And from what I understand it is basically the same in most countries. I'm am almost 100% sure about this. You can get divorced tomorrow and not only would you have another 2 years and 364 days to find a wife, but you could work because your gaijin card has the same date. Mmm actually that would be 363 days since you are divorcing tomorrow lol

If you get a divorce does anyone ask you for your gaijin card or passport? Do they put a new stamp on the passport? If not this would be further proof that all is legal until it expires.

And I think because of the law and their different sections a visa cannot be deemed immediately invalid. I believe it HAS to expire first.

[omae mona]

No the visa is VALID but NOT renewable. VALID until it expires. You can work and do what you want UNTIL that visa expires. The law cannot cancel a visa, it can only not renew it.

Per the web pages I linked to before and plenty of news items we've all ready, the MOJ can very definitely revoke your permission to stay in the country way before it expires. The law reads, and we've seen plenty of anecdotes, of people who came in on student visas, getting kicked out for not attending school, just as an example. According to the law, for many kinds of residents (who entered as students, most work visas, cultural exchange visas, designated activities visas), the failure to maintain your status is grounds for revocation.

But I do agree with you about spouses. Spouses are not apparently on the list of statuses that can be revoked.

And I think because of the law and their different sections a visa cannot be deemed immediately invalid. I believe it HAS to expire first.

Just a clarification: we are not really talking about visas here. I know everybody uses the terms interchangeably, but just to be anal retentive: technically a visa is a 1-time document which is cancelled the moment you enter the country the first time. After that we are all here with permission for some period of stay (在留期間許可 or something similar is probably stamped in your passport). If you changed status from student to spouse, you wouldn't get a new visa. Your residence status just changes.

[momotobananaoishii]

If my wife and I decide to pack up and live in Canada for one year how does that affect my future PR?

In addition, if my wife wants to live in Canada to go to school for one year while I am living in Japan would that have any adverse effects on my PR?



Thanks

[Mulboyne]

Sorry not to have any useful information for you.

I'm sure you are only asking for other people's experiences and don't intend to rely on something written here as a template. However, it does seem as if you have some very specific questions as you seek to work out what your options might be in the future and I think it is worth reiterating that there really aren't any definite answers when it comes to immigration. You might hear of someone else's experience but there is no guarantee that you will obtain a similar outcome even if your situation is identical. That's where an immigration lawyer can help you because they will have experience of what kind of flexibility the bureaucrats are showing at any given time. It may not be an expense you want to bear while you are just wondering what might be possible but definitely advisable if you need to take some action.

To some extent, what is also important is your own attitude. Many people are happy to live in a legal grey area either through necessity or simply because serious consequences like being deported or refused entry for visa violations are risks they are willing to take. If you see being in Japan as a necessary part of your life now or in the future then you might be better off playing it safe. That would apply to your question about the validity of your spouse visa if you got a divorce. Technically, you might well be able to see out the full period even if you weren't married. Even if that's what the law looks like, you'll have to balance that against how immigration might see it if it ever came to their attention.

[sublight]

Well, when I first arrived and got married, I applied right off the bat for a 3yr. visa and to my surprise, one week later, I received my post card to come and pick it up. Maybe 6months or so ago, I applied for my second three year visa and once again, one week later, here came the the post card again.
I have been told by several people that after 5years I should be able to apply for PR. I think I will give it a try in a few months around the beginning of my 5th year here.
I can post my outcome.

Good luck, I just got my PR early this year. While it only takes them a couple of weeks to process a visa renewal, the PR takes several months (I applied for mine in June of last year).

Maybe the requirements changed recently, because back in 2004 I went to see about applying and was told that since I'd been in the country for 9 years (married for 2) I was unlikely to get it. That was a major pain since at the time we were buying a condo and I couldn't get a loan anywhere (no PR, no gov't loan, plus I'd recently been hospitalized with something serious enough to make me a bad insurance risk, so no private loan, either).

[FG Lurker]

[momotobananaoishii]

Thas great guys. Congrats on your new and shiny cards. I'm jealous!

I know people pretty much say it's case by case but man would I love to see their guide books on the issuance of PR's.

Who would be responsible for those guide books / procedures anyway? MOJ?