Divorce and getting re-married?

Hi,

I got married to a Japanese citizen last year, I moved to Japan to live with her and I am a British citizen. I had an affair with another Japanese girl, because of complications of our marriage (we're way too different). She now wants to have a divorce, which I understand.

I am in love with my new girlfriend who is Japanese, and we want to marry as she still has one year of studies here in Japan so I can stay with her. I'm currently one a one year spouse visa which will expire within months and I believe my current wife will be submitting for divorce relatively soon.

My question is - what should I do now?

Proceed with the divorce, and quickly get remarried and apply for new spouse visa? And if so, what is the process? My current girlfriend is still a student at university and only does some part time work.

Once I get divorced I have 3 months to leave Japan, in that time do I got to UK embassy and get affirmation of single status and then get married with my new girlfriend and apply for new spouse visa in that time?

Please advise, quite desperate! Any replies would be appreciated.

Thank you

and quickly get remarried
As an opinion, that is going to look really bad from an immigration point of view. Illegal or fake marriages are a real thing and have penalties. Getting married just for a visa is a real clue. Plus, your application for another spouse visa is likely to be much more difficult.
One small plus, I don't think there is a "stand-down" period for men like there is for women - that used to be 300 days but has been shortened to six months since 2016.

Is your current marriage based on UK law or Japanese law?

If your marriage is based on UK law (and later reported to the Japanese authorities), then I believe it needs to be dissolved according to the UK law first. Divorce takes quite a long time by the UK law, doesnft it?
If your marriage is based on Japanese law, and if you agree to the divorce, I guess she can (or actually the two of you) file for/report the divorce to the Japanese authorities and the divorce will be complete.

gGetting the affirmation of single statush would depend on the above too, I believe. (If your marriage is based on the Japanese law and never mentioned to the UK authorities, what would be the point of going to the UK embassy, is my doubt.)

If the divorce goes smoothly, and if you can get remarried quickly, then it will be a matter of keeping the current resident status (but report the divorce in any case) and reporting the marriage again, while staying on the same resident status. (I donft know how soon it is expiring.)

If in the meantime the current spouse resident status is about to expire, then you either (1) change it to gtemporary visitorh status to stay on in Japan a few more months, or (2) leave Japan while it is still valid (NEVER overstay your resident status), then (1) apply for a new spouse visa, or (2) apply for a change of resident status from gTemporary Visitorh status to gspouse of Japanese national.h

Please note that if you leave Japan once, it would be difficult to enter Japan again unless you are married (COVID-19 travel restrictions).

As for your girlfriend only having a part-time job, it is possible that the immigration authorities might ask for financial guarantor, such has her parent(s).

Also, are you currently working? I guess having some skills/qualifications with which you can obtain work (employer-sponsored) resident status gon your ownh if you have to would help in the sense of not appearing to the immigration authorities (excuse me for the expression but) like you are trying to get remarried just for the sake of being able to live in Japan, and also for being able to show that the two of you can support yourselves financially.

Since I am just listing possibilities without knowing your exact circumstances, for the actual procedural details, you might consider hiring an immigration lawyer.

Thank you for both replies.

@AK I got married according to Japanese laws in Japan and never reported the marriage to UK authorities. I did submit an intent to marry at local marriage office in UK to get single proof status that we used in Japan to get married. My question is, if I get divorced in Japan, and want to remarry, do I need to go to British Embassy with my new divorce paper and get an affidavit, or can I use the Japanese divorce paper to prove I'm single in my new marriage without any such affidavit?

In terms of changing my visa to temporary visitor, how can that be done and how soon should that be done? My spouse visa expires in 3 months.

Thank you!

My question is, if I get divorced in Japan, and want to remarry, do I need to go to British Embassy with my new divorce paper and get an affidavit, or can I use the Japanese divorce paper to prove I'm single in my new marriage without any such affidavit?
My knowledge on this point, having looked into it before for someone that got married in Japan, is that you still need the affidavit from the UK embassy stating your single status. It is on the list of requirements for getting married.

Why bother getting married if you're just going to cheat on her, have another affair, then get divorced, and marry someone else, then repeat, over and over again?

Trying to help them increase divorce rate? Heheheh. My fellow western comrade, nice move.

it implies that poorly educated foreigners, who can't have working status by themselves, tend to marry with Japanese to get spouse statuses, as same as other civilized countries.
by that reason, spouse visa applications by foreigners, who repeat marriage and divorce, tend to be declined.

Thanks JapanCustomTours for letting me know about the affidavit. I just wasnft sure.

But then that means (because the OP earlier submitted his intent to marry), he might have to take his Japanese marriage record and divorce record and get another affidavit, probably. I am not familiar with this process.


Jeremy,
Where did you get the information that gonce I get divorced I have 3 months to leave Japanh?
Once you get divorced (while you are still on your valid gspouse of Japanese nationalh), within 14 days youfd need to report the divorce to immigration office. And when your current gspouse of Japanese nationalh is ABOUT to expire, youfd need to leave Japan or go to immigration office and apply for a change to gtemporary visitor,h which as a British national you should be eligible for, to stay on a few more months. Just donft overstay the resident status.

Please be careful about the terms gvisah and gresident status.h What you use to ENTER Japan is gvisa,h and once you ARE in Japan you have a gresident status.h

Since there seems to be sensitive timing issue and immigration officefs gperception issue,h I still suggest retaining an immigration lawyer, who would have ideas about how long each of the processes would take too.