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VISA Q and A on FM COCOLO 76.5 MHz Staying in Japan after getting a divorce with a Japanese national On Aired Data: September 7, 1999 |
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Summary of the On Aired Program Client: Female Filipino living in Osaka. Recently got a divorce after 6 years of marriage with her Japanese counterpart. They have no children. Case: She works at a small factory where there are about 10 employers. She has been working for this factory for about 3 years, and her monthly wage is about 150,000yen. The reason for her divorce was that her husband lost his job, and ever since then he became drunk, and there was domestic violence. He even broke her ribs by beating her. She got her divorce in April, and she still has her spouse visa left until November, and she would like to know if she has to return to the Philippines under her current condition. In our client’s home country (the Philippines), once you get married, you cannot get a divorce, but only a legal separation where you are legally considered living seperately. But since she was married to a Japanese national, and they are currently living in Japan, they can get a divorce under the Japanese law. Next, what we have to consider is her status of residence. The basic process taken when a foreigner gets a divorce with their Japanese spouse is to apply for a Long Term visa. But this is basically permitted to those who have children, and when the foreign parent is taking custody of the child after the divorce. The couple does not actually have to be legally married, but the Japanese parent must acknowledge the child.Unfortunately this does not apply for our client’s case, because they do not have any children. Although, considering that our client has adapted to the Japanese society very well, and that the reason for her divorce was unfortunate for her, and also that she is capable of making a descent living in Japan on her own it may be worth it for her to apply for the special permission of status granted from the Minister of Justice. |
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