Spouse Visa Renewal During DV or Separation｜Key Points on Protective Orders and Shelter Use

Introduction

For foreign nationals holding a spouse visa, “living together as a married couple” is usually an essential condition.
However, due to domestic violence (DV) or other serious issues, some spouses may be forced to live separately.

“Will my visa renewal be denied if we live apart?”
“I escaped DV, but does that mean I’ll also lose my visa?”

These concerns are natural. In practice, humanitarian considerations may apply, and it may still be possible to maintain your residence status.
This article explains whether you can renew a spouse visa while living apart due to DV, what kinds of evidence are required, and the possible option of switching to a Long-Term Resident visa.

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The Basic Rule of “Living Together” for Spouse Visas

When renewing a spouse visa (“Spouse or Child of Japanese National”), immigration authorities focus on whether there is a real marital relationship and shared life. This means not only being legally married but also actually living together as a couple.

Immigration’s Basic Approach

• Living together as husband and wife is the starting point
• Long-term separation often suggests marital breakdown
• If “living apart” is revealed at renewal, the risk of denial is high

Cases Likely to Lead to Refusal

• Long-term separation without legitimate reasons such as DV
• Effectively divorced in practice
• Paper marriage (sham marriage)

Thus, in ordinary cases, “not living together” is treated as a negative factor.
But if separation is due to unavoidable reasons such as DV or abuse, it may be treated differently.

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Special Handling in DV or Separation Cases

If living together is impossible due to DV, this does not automatically mean denial. According to guidelines from the Immigration Services Agency, residence may still be granted on humanitarian grounds.

Key Points of Special Consideration

• Separation caused by DV is considered a “legitimate reason” under laws such as the DV Prevention Act
• Violence or abuse makes cohabitation impossible, so separation is not judged negatively
• At renewal or change of status, if circumstances are proven, residence status may be maintained

Real-World Examples

• A victim fled to a shelter, submitted a protective order decision → renewal was granted
• Submitting DV consultation records allowed renewal despite living apart

In other words, even if living apart, valid reasons supported by evidence can make renewal possible.

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Required Evidence

To claim renewal based on DV or separation, objective evidence is essential. Oral statements or emotional appeals alone are not enough; third-party documents are required.

Evidence of DV or Separation

• Court-issued protective order decision
• Police reports or consultation records
• Shelter or DV center admission certificates
• Doctor’s medical certificate (injuries caused by violence)

Documents to Supplement Marital/Financial Circumstances

• Family register (koseki) showing the marriage is still legally valid
• Written statement (jijo shomeisho) explaining circumstances
• Records of financial support or living expenses (if applicable)

Evidence Summary Table

Type of Evidence	Examples	Purpose
DV Evidence	Protective order, police records, medical certificate	Shows DV as fact
Separation Evidence	Shelter certificate, resident record	Explains separation is legitimate
Marital Evidence	Family register, written statement	Shows marriage not fully broken
Financial Evidence	Payslips, remittance records	Supports ability to maintain life

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Future of Residence Status and Options

If DV or separation is accepted as legitimate, renewal of the spouse visa may be granted.
However, if the marriage ends in divorce, the spouse visa cannot be maintained, and a change of status will be required.

Cases Where Renewal is Possible

• Separation is due to DV with legitimate reasons
• The marriage is still legally ongoing

Cases Where Renewal is Difficult

• Divorce has been finalized
• No intention to continue the marriage

In such cases, switching to a Long-Term Resident visa is common. In particular, DV victims and those with custody of children may be allowed this status.

Long-Term Outlook

• If spouse visa renewal is successful, permanent residency may be possible later
• If changed to Long-Term Resident, stable residence can still lead to permanent residency or naturalization in the future

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Practical Considerations

The most important point in DV/separation cases is to explain truthfully and provide evidence.

Points to Keep in Mind

• False statements can easily lead to denial later
• Emotional explanations alone are insufficient → objective evidence is key
• If a correction notice (hosei tsuchisho) is issued, evidence must be submitted within the deadline

Benefits of Consulting a Professional

• Support in organizing and translating required documents
• Guidance on how to obtain protective orders, medical certificates, etc.
• Representation in administrative procedures, reducing mental stress

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Conclusion

• Spouse visas are normally based on “living together,” but exceptions exist in DV or separation cases.
• The key is to prepare objective evidence such as protective orders, police records, or shelter certificates.
• Even if renewal is difficult, options such as changing to Long-Term Resident status are available.
• To secure your future residency (permanent residency or naturalization), it is advisable to consult a professional early.

Ishinagi Administrative Scrivener Office

“If you would like to obtain a spouse visa quickly and reliably, or if you feel uncertain about renewal or changing your residence status, please feel free to consult with our office in Yodogawa-ku, Osaka. We provide support for clients from all over Japan, making use of our experience in dealing with the Immigration Bureau.

If you wish to proceed with your spouse visa application smoothly and with confidence, please do not hesitate to contact us.

▶ Click here to see our fee schedule”

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