Divorse with a J-Girl

[Greji]

ok so what I need to find out from any Canadians here is if a mutual divorce in Japan is recognized in Canada.

Any Canadians been divorced from a Jnat? :P

Also What do you mean your marriage is not registered in the US? I thought as soon as you get married in Japan the paper work is sent to your home country for registration as well.

And I also need to find out if I can apply for another spouse visa after the divorce or do I have to wait a year or whatever like you mentioned above. Although that won't matter if I currently have a 3 year spouse visa.

Citizen's affairs at the Canadian Embassy will have what you need, if it is not on the web site!

[momotobananaoishii]

unfortunately the fucked up canadian embassy closed shop in osaka. Can you believe that shit? A fucking major country without an embassy in Japan's largest city. wtf! Rent was too high apparently but they have plenty of money to bone their hookers up in their private jets.

Every time I need govt paper work I gotta take the shinkansen to Tokyo because the Tokyo office services kansai now. Fuckers.

Now that's a fucked up gaijin embassy.

[ttjereth]

momotobananaoishii is correct I think. In considering to divorce in US or Japan, an attorney in Tokyo said the same thing to me. But here is a more scholarly answer related to the history of women and divorce in Japan. Forgive the length...

From Inequality in Japanese Marriage and Divorce Laws in 2002, J. Sean Curtin (Professor, Japanese Red Cross University)

First let me say, I'm not challenging that the 0 wait for a man to remarry and 6 months for a woman is false, I believe it, there are enough places where it is qouted to make me think that is real, just that I have mistakenly thought it was different up until now.

The book I have (which I admittedly only partially recall) is specifically for foreigners in Japan, which is what leads me to believe what I am remembering might be related to the visa and not the actual remarriage itself (or I could just be completely off the mark). If no one else knows for a fact (I couldn't find anything official on the web after a quick search, mostly just research papers and such) I'll try and dig the book out of whatever box it is in deep within the closet that no one in my house ever opens...

[ttjereth]

ok so what I need to find out from any Canadians here is if a mutual divorce in Japan is recognized in Canada.

Any Canadians been divorced from a Jnat? :P

Also What do you mean your marriage is not registered in the US? I thought as soon as you get married in Japan the paper work is sent to your home country for registration as well.

And I also need to find out if I can apply for another spouse visa after the divorce or do I have to wait a year or whatever like you mentioned above. Although that won't matter if I currently have a 3 year spouse visa.

I'm not sure how it works for other countries, but for the U.S. and my situation specifically, the only thing we had to do with the U.S. is get a piece of paper stating I am legally allowed to marry. There was no registration, the Japanese government doesn't notify the U.S. I got married or anything like that.

If I tried to get my wife a visa to live in the U.S., a Social Security number, or a tax payer ID # then it would be on record, but otherwise, since we were married in Japan, there is no official record of me being married in the U.S. I still even file my taxes as being single.

[ttjereth]

unfortunately the fucked up canadian embassy closed shop in osaka. Can you believe that shit? A fucking major country without an embassy in Japan's largest city. wtf! Rent was too high apparently but they have plenty of money to bone their hookers up in their private jets.

Every time I need govt paper work I gotta take the shinkansen to Tokyo because the Tokyo office services kansai now. Fuckers.

Now that's a fucked up gaijin embassy.

osaka=Japan's largest city??

[Mike Oxlong]

Why don't you just hit the consulate in Nagoya?

[Mike Oxlong]

I believe the six-month waiting period for women to remarry after divorce in Japan is based/modeled on a US law (like many Japanese laws put on the books after the scuffle back in the 1940s).

Seems to vary by state:

http://www.divorceinteractive.com/divorce_and_remarriage.asp
http://en.wikipedia.org/wiki/Law_and_divorce_around_the_world

[FG Lurker]

First let me say, I'm not challenging that the 0 wait for a man to remarry and 6 months for a woman is false, I believe it, there are enough places where it is qouted to make me think that is real, just that I have mistakenly thought it was different up until now.

Well, having gone through a fair amount when I got married here I can say from first hand experience that (as of 1997 anyway) it is true that guys have 0 wait and women have 6 months.

[ttjereth]

Well, having gone through a fair amount when I got married here I can say from first hand experience that (as of 1997 anyway) it is true that guys have 0 wait and women have 6 months.

Like I said above, I accept that. What I'm wondering though, is there any sort of wait/penalty towards getting a new spousal visa AFTER remarrying though?

[Mulboyne]

There's a thread on the 6 month rule: there was a proposal to shorten it to 100 days.

[ttjereth]

There's a thread on the 6 month rule: there was a proposal to shorten it to 100 days.

Well I dug out the book I was talking about, if anyone's interested:
日] A Guide to Foreigner's Rights in Japan[/URL]

However, I can't bloody find where I got the 1 year idea from, I can't find anything about renewing a spousal visa after divorce at all, except for a bit noting that your status of residence as a spouse of Japanese is technically over when you file the divorce, although immigration will not generally revoke the visa until the period of stay is up (so if you're gonna get divorced, renew your visa first ).

I did find something interesting about the 6 month remarrying rule for women though:

フィリピン国籍の女性では300日、タイ国籍の女性では310日が待婚期間となります。
A woman of Phillipine nationality has to wait for 300 days and a Thai woman for 310 days before can remarry.

[Mike Oxlong]

Thanks Mulb, you solved my sense of deja vu

[momotobananaoishii]

Sorry I meant to say Osaka was Japan's 2nd largest/most popular city. I'm in my own world so yeah Osaka is Japan's largest city lol Osaka is Japan's FUNNEST city though Yes FUNNEST.

Why don't you just hit the consulate in Nagoya?

I have already been through that. It is possible to go to Nagoya but you gotta make all these arrangements and pretend like it's helluva 911 etc. Technicically it is now the Tokyo office that handles all of Canadians in Osaka.

[momotobananaoishii]

However, I can't bloody find where I got the 1 year idea from, I can't find anything about renewing a spousal visa after divorce at all, except for a bit noting that your status of residence as a spouse of Japanese is technically over when you file the divorce, although immigration will not generally revoke the visa until the period of stay is up (so if you're gonna get divorced, renew your visa first ).

That is true...if you have a 3 year spouse visa and divorce tomorrow you will still have that 3 year visa. You better find a good job, keep your good job or find aother wife by then

[Iraira]

[ttjereth]

Does that mean that it takes Philipine women 10 months from fertilization to the actual birthing of the child? That tasty tidbit must have been determined from rigorous experiments on live humans by some nice Japanese doctors during WWII.

It doesn't state the reason, but I am guessing it has something to do with fake marriages in order to allow them to stay for work-related purposes and such.

I think most of the experiments for this rule were conducted in kabuki-cho and such

[ttjereth]

[quote="momotobananaoishii"]That is true...if you have a 3 year spouse visa and divorce tomorrow you will still have that 3 year visa. You better find a good job, keep your good job or find aother wife by then ]

Yay for PR! Now when my wife threatens to leave me I can just reply "meh"

[momotobananaoishii]

Dude, PR is gold. Unless you virtually kill someone you'll always have your PR. But even PR's require re-entry passes right which means if you fuck up on one of those passes you could be in trouble

Btw, November is when the new immigration procedures start right? Even fuck'd PR gaijins have to get their retnas detached and finger prints sent to NSA and FBI because they well, own Japan.

Btw #2... I believe from reading other threads online that you can now apply for PR status if you've had a spouse Visa for 5 years. But now we're talking about another subject.

[ttjereth]

Dude, PR is gold. Unless you virtually kill someone you'll always have your PR. But even PR's require re-entry passes right which means if you fuck up on one of those passes you could be in trouble

Btw, November is when the new immigration procedures start right? Even fuck'd PR gaijins have to get their retnas detached and finger prints sent to NSA and FBI because they well, own Japan.

Btw #2... I believe from reading other threads online that you can now apply for PR status if you've had a spouse Visa for 5 years. But now we're talking about another subject.

I don't mind doing the reentry permit (not needing it would be better, but ah well), it still beats the hell out of the 3 year visa renewal bullshit.

The new immigration crap doesn't bother me too much either. Again, better if we didn't have to, but I'd be more worried about if they actually made me open my bags when coming back from the states and made me pay import dues on all the shopping I do when we're there

I just got my PR and I had only been on a spouse visa for around 4 years.

[Greji]

[quote="momotobananaoishii"]That is true...if you have a 3 year spouse visa and divorce tomorrow you will still have that 3 year visa. You better find a good job, keep your good job or find aother wife by then ]

That is not true. What is true is that on a case by case basis, they may not call you on it. The permit/visa allowing you to stay in Japan is your status as a spouse. If you lose that status, by divorce or other reasons such as death of the spouse, you are no longer entitled to maintain that status. You are "supposed" to be a good citizen and apply for a new visa. Obviously, nobody ever does, but if this comes up to the authorities for some reason, you are at the mercy of the immigration office at the time. Granted most will allow it, but if the dude says "no", you're gone. Also, since divorces can be a bitty rough and bad feelings on both sides, your former can report you, saying she is no longer your sponsor. It has happened by bitter ex's, but again, it will just depends on how immigrations will view it at the time.

[Iraira]

That is not true. What is true is that on a case by case basis, they may not call you on it. The permit/visa allowing you to stay in Japan is your status as a spouse. If you lose that status, by divorce or other reasons such as death of the spouse, you are no longer entitled to maintain that status. You are "supposed" to be a good citizen and apply for a new visa. Obviously, nobody ever does, but if this comes up to the authorities for some reason, you are at the mercy of the immigration office at the time. Granted most will allow it, but if the dude says "no", you're gone. Also, since divorces can be a bitty rough and bad feelings on both sides, your former can report you, saying she is no longer your sponsor. It has happened by bitter ex's, but again, it will just depends on how immigrations will view it at the time.

This is weird. I went to Immi after my divorce with a J-girl, along with ample proof that I am gainfully employed, and the guy at Immi told me to come back within a month of my spouse VISA expiring.

[Greji]

Sorry, double post. Mod please delete!

[Greji]

This is weird. I went to Immi after my divorce with a J-girl, along with ample proof that I am gainfully employed, and the guy at Immi told me to come back within a month of my spouse VISA expiring.

The a classic example of the ever-famous case-by case mensetsu! You obviously had all you ducks (or should that be goats?) in a line, so you didn't present him with any worry! Walla. Come back later! He could have just as easily said, "great you qualify, leave country once and apply for your working visa and we'll let you right in". You never know for sure what those assholes are going to do, or worse yet, what they will call in to play to give you a hard time. I sometimes feel they send them to a special dumb school to learn the ability to be that stupid. People just aren't born that naturally Aho.

[Iraira]

The a classic example of the ever-famous case-by case mensetsu! You obviously had all you ducks (or should that be goats?) in a line, so you didn't present him with any worry! Walla. Come back later! He could have just as easily said, "great you qualify, leave country once and apply for your working visa and we'll let you right in". You never know for sure what those assholes are going to do, or worse yet, what they will call in to play to give you a hard time. I sometimes feel they send them to a special dumb school to learn the ability to be that stupid. People just aren't born that naturally Aho.

The weirdest thing was, it was the same guy who gave me the 3-year spouse VISA 6 months before. He explained it to me as if I had won a prize, "And be sure to come on back in 3 years for your lifetime supply of VISAs!" Whenever I go to Immi, I bring everything, including all the old paperwork from Monbusho (who originally brought me out here) and a CV that my supervising professor wrote for me.
I think the trick is to blanket them with stuff before they can blanket you with BS. I expect that in 20 months, when I have to change back to a VISA supported by my company, weird shit will happen at Immi, unless I get the same guy behind the counter. Already talked to the shachou about this and he said he'll go to Immi with me if I buy lunch afterwards.

[GomiGirl]

Perhaps somebody could explain the tax implications of having a PR to me please. If you have a company and you have PR, and you say, sell that company, how is it possible to reduce the tax burden on the income from the sale. (Perhaps this should go in the PR thread)

[dimwit]

Perhaps somebody could explain the tax implications of having a PR to me please. If you have a company and you have PR, and you say, sell that company, how is it possible to reduce the tax burden on the income from the sale. (Perhaps this should go in the PR thread)

I far as I can see PR or non PR doesn't enter into the picture in anything other then calculations of overseas income. Capital gains based on sales of assets in Japan are subjected to taxes provided you have a work visa of some sort.

[omae mona]

I far as I can see PR or non PR doesn't enter into the picture in anything other then calculations of overseas income.

I think dimwit is mostly right (but there is a twist). Worldwide income (e.g. investment income in Australia) is subject to Japanese tax if you are a PR . The twist is that PR is not the only way to become subject to this requirement. If you've been in Japan for 5 years, you are already treated identically to a permanent resident for tax purposes.

Until recently, the rule was 5 years of continuous residence in Japan. Eventually the government noticed this strange pattern of foreign executives leaving Japan after 4 years and 11 months, and then getting "reassigned" to Japan several months later after their new visa was approved. I forgot when the law changed, but now the law says that if you have been resident in Japan for a total of 5 years out of the last 10 years, you are subject to the PR treatment.

So GG, if you are asking about yourself personally, nothing would change if you got PR status since your tax status has already changed.

[momotobananaoishii]

What if your corp owns a house in Canada and the corp is renting it out? It's not you, it's your corp.

Also how can they even know what your income is outside of Japan?

Is the Japanese income tax the same accross the board? i.e. 30% roughly for all nationals and spouses and PR's?

What is the income tax rate for people that are here just teaching English on a short term basis?

Any great links for this stuff?

ooops again off topic. Hmmm

[FG Lurker]

What if your corp owns a house in Canada and the corp is renting it out? It's not you, it's your corp.

Is this a Limited Company -- a separate legal entity? Then as long as the income remains inside the foreign corporation for the use of the foreign corporation then it is not your income and should not be an issue.

However if you are taking money out of that foreign corporation (salary, dividends, money to cover your expenses, whatever) then that becomes your personal income and is taxable in Japan.

Also how can they even know what your income is outside of Japan?

This depends on how much money is involved and how you are using it. If you are bringing a fair amount of money back to Japan for use here then the tax office is going to have a lot of questions about the source of those funds should you be audited. If the amount is very small or if you do not make use of that money in Japan then they will have a harder time finding out about it. Nothing is impossible though.

Is the Japanese income tax the same accross the board? i.e. 30% roughly for all nationals and spouses and PR's?

Like most countries, Japanese taxes scale based on your income level. Below 9mil per year they are not too bad. Over 9mil things start to increase. Over 18mil and things get damn ugly.

What is the income tax rate for people that are here just teaching English on a short term basis?

I believe it is a flat 20% that gets withheld from your pay. As this does not affect me I don't know for sure.

[maninjapan]

Man marries bitch to beat curse
Sorry not really linked but thought it might be applicable to your story really

http://news.bbc.co.uk/1/hi/world/south_asia/7093422.stm