I’m separated from my Japanese spouse due to personal circumstances. Can I still renew my Spouse of Japanese National visa?

While immigration generally requires cohabitation as proof of a genuine marriage, renewals may still be approved if you can provide a reasonable explanation and supporting evidence.

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Why Separation Can Affect Your Spouse Visa Renewal

The Immigration Bureau may reject your visa renewal if you and your Japanese spouse live apart, suspecting that the marriage is no longer genuine. Their internal guidelines state that “living together is essential to prove a marital relationship under normal social standards unless exceptional circumstances exist.”

Immigration officers are especially cautious due to frequent fraudulent marriages, where the foreign spouse enters into a fake marriage to obtain a visa and work in Japan, often sending remittances back home. In many such cases, the couple never lives together and later attempts to justify the separation with fabricated reasons.

Divorce usually terminates the spouse visa status. For those in fraudulent arrangements, a divorce would mean losing their residency in Japan. In some cases, foreign nationals even pay large fees to marriage brokers for such arrangements. Because of these trends, immigration authorities scrutinize separation cases closely—especially if the applicant comes from a country known for high rates of fake marriage or visa fraud.

How to Renew Your Visa While Living Separately

Immigration considers cohabitation as a key indicator of a real marriage. If you’re living apart, you must offer solid documentation and explanations proving your marriage is still ongoing. That said, if there is any possibility—financially or logistically—to live together again, it’s highly recommended to do so before applying.

Some cases where separation was accepted by immigration include:

Simply stating the separation is not enough. You’ll need to provide detailed documentation of your relationship—including financial ties, regular communication (texts, calls), and long-term plans for reunification.

If immigration believes you could be living together but are choosing not to due to “unconventional” lifestyle choices that defy common marital norms, they are likely to reject your renewal.

Does Sharing a Resident Registration Address Count as Living Together?

No. Registering the same address on your resident record (住民票) is not enough. If you’re actually living in different places, this may be considered a false declaration on your application, which could lead to visa denial or even legal penalties.

Immigration may verify your real living situation using various sources—including government records, interviews, and even tips from third parties.

Legal Precedent: Kyoto District Court Decision (Nov 6, 2015)

Key takeaway from the ruling: “In today’s Japan, where marital roles and relationships are diverse, cohabitation should not be the sole factor in determining whether a marriage is genuine.”

Case summary:

• Foreign woman (A) divorced her first Japanese husband after 1 year of marriage
• 6 months later, she remarried another Japanese man (B), 10 years her senior
• Due to the husband’s low income and job location, he lived at his mother’s house during the week and only saw his wife once a week
• Immigration initially denied the visa renewal due to lack of cohabitation

The court upheld the legitimacy of the marriage based on:

1. Genuine path to marriage (no prior applications with the new husband)
2. Authentic communication (LINE messages showing emotional commitment)
3. Ongoing infertility treatments
4. Resumed cohabitation after visa denial

What If You’re in the Middle of Divorce Negotiations?

If you’re in a prolonged separation due to divorce mediation or trial, the visa renewal process becomes more complex. In such cases, you’ll need to submit proof—such as court-issued documents or records of financial support—to show that proceedings are ongoing.

Typically, immigration will only issue a short-term visa (such as 6 months) during divorce proceedings. Be aware: if you haven’t lived as a spouse for over six months, immigration may cancel your visa status.

Note: Special protections exist for victims of domestic violence (DV).

How Continental Immigration Can Help

At Continental, we have extensive experience assisting clients in proving the legitimacy of their marriage under complex circumstances—including separation. We build a tailored strategy for each case, using tools like chat records, shared finances, photos, and court precedents.

Immigration authorities and Japanese courts have accumulated decades of case law and examples. It’s important to approach each case with a custom legal strategy to maximize your chances of success.

See our full guide to marriage procedures and spouse visas in Japan

About the Author

Masakazu Murai
Certified Financial Planner (CFP), Securities Analyst, Immigration Specialist (Gyoseishoshi)

Former investment banker at Mitsubishi UFJ Morgan Stanley Securities, Murai advised on corporate financing and M&A. He also led union initiatives to promote diversity and improve working conditions for foreign nationals and women.

His expertise lies in immigration law, with a focus on spouse visa renewals, and financial consulting for foreign residents in Japan. He enjoys idol concerts, movie nights with Hoppy, and playing with his cats.

Services for Foreign Nationals in Japan:
✓ Want to work in Japan
✓ Starting a business
✓ Planning to marry
✓ Seeking permanent residency
✓ Applying for Japanese citizenship

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