Period of stay recognized by status of residence|Essential knowledge for hiring foreign nationals
The period of stay is one of the most important confirmation items when hiring foreign nationals. There are 2,576,622 mid- to long-term foreign residents living in Japan (as of the end of June 2020). Mid- to long-term foreign residents cannot stay and work in Japan unless they are granted a status of residence (work visa). There are various types of statuses of residence, and they allow for work within the scope of the status of residence granted. The period of stay is determined for each type of status, and must be renewed before the expiration date. In this issue, we will explain about status of residence and period of stay.
Also, if you are considering hiring a foreign national, please check out the following articles.
Preparations required when hiring foreign workers
Status of residence stipulates the period of stay.
Foreign nationals who intend to stay in Japan for a medium to long term must obtain resident status. Upon obtaining status of residence, a resident card is issued by the Immigration and Residency Management Agency.
Foreigners who have obtained a status of residence are allowed to work to the extent permitted. However, each status of residence has an expiration date, and the period of stay differs depending on the status of residence. Once the period of stay expires, the foreigner can no longer reside and work in Japan.
On the front of the resident card, the "Expiration date of the period of stay" and the "Expiration date of the resident card" are indicated. Companies that employ foreign nationals should be sure to check this information.
Period of stay by status of residence
Resident status is divided by activity and the period of stay varies.
status of residence (in Japan) | relevant (applicable) example | period of stay |
diplomacy | Ambassadors, ministers, consuls general, members of delegations, etc. of foreign governments and their family members | Duration of Diplomatic Activities |
official | Employees of foreign embassies, consulates, and international organizations on official business and their family members | 5 years, 3 years, 1 year, March, 30 days, 15 days |
professor | University professors, etc. | 5 years, 3 years, 1 year, March |
the arts | Composers, painters, writers, etc. | 5 years, 3 years, 1 year, March |
religion | Missionaries sent by foreign religious organizations, etc. | 5 years, 3 years, 1 year, March |
report | Reporters and photographers from foreign news organizations | 5 years, 3 years, 1 year, March |
highly specialized occupation | No. 1: Highly skilled personnel through a points system | 5 years |
No. 2: Highly skilled personnel through a points system | indefinite | |
Management and Administration | Business owners and managers | 5 years, 3 years, 1 year, March |
Legal and accounting services | Lawyers, CPAs, etc. | 5 years, 3 years, 1 year, March |
medical care | Physicians, dentists, nurses | 5 years, 3 years, 1 year, March |
research | Researchers from government agencies, private companies, etc. | 5 years, 3 years, 1 year, March |
education | Language teachers, such as junior high school, high school, and other schools, etc. | 5 years, 3 years, 1 year, March |
Technical/Humanities/International Services | Engineers such as mechanical engineers, interpreters, designers, language teachers in private companies, marketing professionals, etc. | 5 years, 3 years, 1 year, March |
intra-company transfer | Transferees from foreign establishments | 5 years, 3 years, 1 year, March |
care | (certified) care worker | 5 years, 3 years, 1 year, March |
show business | Actors, singers, dancers, professional athletes, etc. | 3 years, 1 year, June, March, 15 days |
ability | Cooks of foreign cuisine, sports coaches, aircraft pilots, fabricators of precious metals, etc. | 5 years, 3 years, 1 year, March |
specific skill | No. 1: Foreign nationals engaged in work requiring a considerable degree of knowledge or experience in a specific industrial field. | 1 year, June, April (maximum total of 5 years) |
No. 2: Foreign nationals engaged in work requiring skilled skills in specific industrial fields | 3 years, 1 year, June | |
technical internship | No. 1: 1st year of technical internship | Period individually designated by the Minister of Justice (one year or less) |
No. 2: Technical intern trainees in their second or third year who have completed Technical Intern Training No. 1 and have passed the evaluation test. | Period individually designated by the Minister of Justice (not more than 2 years) | |
No. 3: Those who have completed the 4th or 5th year of technical internship technical internship No. 2 and have passed the evaluation test. | Period individually designated by the Minister of Justice (not more than 2 years) | |
Cultural Activities | Japanese culture researchers, etc. | 3 years, 1 year, June, March |
short stay | Tourists, conference participants, etc. | Periods of 90 days, 30 days, or 15 days or less in days |
studying abroad (usu. at university level) | Students at universities, junior colleges, technical schools, high schools, junior high schools, elementary schools, etc. | March, 4 years, 3 years, 3 years, 3 years, 2 years, 3 years, 2 years, 1 year, 3 years, 1 year, 1 year, 6 years, 3 years |
induction course | Trainees (excluding technical internship 1 and study abroad) | 1 year, June, March |
dependent (e.g. in a family) | Spouse/child dependent on foreign nationals residing in Japan | 5 years, 4 years March, 4 years, 3 years March, 3 years, 2 years March, 2 years, 1 year March, 1 year, 1 year, June, March |
specified activities | Diplomats and other domestic servants, working holiday, foreign nurse and care worker candidates under economic partnership agreements, etc. | 5 years, 3 years, 1 year, 6 months, 3 months, or for a period designated by the Minister of Justice (up to 5 years) |
permanent resident | Persons who have obtained permission for permanent residence from the Minister of Justice (excluding "Special Permanent Residents" under the Immigration Control and Refugee Recognition Act). | limitless |
Japanese spouse, etc. | Spouse, child, or specially adopted child of Japanese national | 5 years, 3 years, 1 year, June |
Spouse of a permanent resident, etc. | Spouses of permanent residents and special permanent residents and children who were born in Japan and continue to reside in Japan | 5 years, 3 years, 1 year, June |
long-term resident | Refugees resettled in a third country, third-generation Japanese Americans, Japanese who remained in China, etc. | 5 years, 3 years, 1 year, 6 months, or for a period designated by the Minister of Justice (up to 5 years) |
The status of residence must be renewed prior to the expiration date. Failure to renew will result in expiration of the status of residence.
Permanent residents" have an indefinite period of stay, but the resident card itself has an expiration date. Even if you are a permanent resident, you must be careful because you will become an illegal resident or illegal worker when your resident card expires.
Renewal of a resident card can be applied for three months prior to the expiration date for most resident statuses. Permanent Resident" and "Highly Specialized Worker II" can be applied for two months prior to the expiration date.
How long does it take to apply for residency?
It takes approximately one to three months to obtain status of residence. The application must be made in Japan and a "Certificate of Eligibility" must first be issued. In most cases, the company accepting the foreigner in Japan handles the application procedures for the "Certificate of Eligibility" and mails it to the foreigner residing overseas.
The foreigner who received the card by mail will present the "Certificate of Eligibility" together with other documents at an overseas diplomatic mission (Japanese embassy or consulate) and go through the visa application procedures before coming to Japan. The resident card, which states the status of residence and period of stay, is either received upon entry into Japan or mailed to the foreigner at a later date.
The "Certificate of Eligibility" has an expiration date. Please note that even if you have been issued a visa, it will become invalid if you do not enter Japan within 3 months of the issuance of the "Certificate of Eligibility".
Be aware of the expiration of your period of stay!
When hiring foreign workers, be aware of the period of stay. Allowing a foreign worker whose period of stay has expired to work is considered illegal employment. Employers are required to check the resident card, and if an illegal employment is discovered, the employer is likely to be charged with "aiding and abetting illegal employment.
Make a copy of your residence card.
Be sure to check your residence card and keep a copy. Even after employment, it is advisable to check the "Residence Card and Other Number Revocation Information Inquiry" of the Immigration and Residence Management Agency as appropriate.
If in the process of renewal, the period of stay will be extended.
During the "Application for Permission to Extend Period of Stay" or "Application for Permission to Change Status of Residence", the period of stay will be extended by two months even if it has expired. In such cases, "Application for permission for change of status of residence" will be written on the back of the residence card, and there is no problem even if you are working.
Finally.
Each status of residence has an expiration date, and upon expiration, the foreigner can no longer reside in Japan. Since they will no longer be allowed to work, it is important to confirm the expiration date when hiring a foreigner. When hiring a foreigner, be sure to check the expiration date on the resident card. Even after employment, you are required to check the expiration date regularly using the "Resident Card and Other Number Expiration Information Inquiry" to prevent illegal employment.