Hello, this is Kuwahara of IMS Legal Professional Corporation. In this blog, I would like to write about the status of residence “Specified Skilled Worker.”
Hearing about this status of residence makes me heavy-hearted. When this status of residence was newly created, a large amount of information was announced by the Immigration Bureau. However, it was so much information, that it's honestly difficult to look through and comprehend all of it. At the same time, I wonder if "tens of thousands of people yearly" really will be employed by Japanese companies. (The original plan was to accept 340,000 people in 5 years.) Thinking of the ideal compared to the reality has made me skeptical. Just hearing the name of this status of residence brings back those early memories.
In the end of March of the first year, 5,700 people were permitted to enter Japan under the status; by the end of June of this year, the number only went up to 38,000 people.
https://www.moj.go.jp/isa/content/001348699.pdf (Japanese site)
This only states the number of approved Specified Skilled Worker applications, so the actual number of applications is probably several times that number. But what are the reasons for such low interest in this visa? Of course, the untimely outbreak of COVID-19--and people not being able to enter Japan due to the immigration restrictions--is likely one of the factors. However, I can’t help but think that the entire method (and burden required of the application documents) is extremely out of alignment from the original fundamental concept, and this is what is causing the slow down of the numbers.
From the Immigration Bureau HP
In order to respond to a growing labor shortage, including within medium and small enterprises, and in conditions in which it is difficult to secure human resources even after national efforts to improve productivity and to secure domestic human resources, this system has been developed to accept foreign nationals that have a certain level of expertise and skill in industrial fields and that are immediately ready to work.
“Outline of Basic Policy for the Operation of the System of Specified Skilled Worker Status of Residence”, https://www.moj.go.jp/isa/content/930004452.pdf
We occasionally receive inquiries concerning Specified Skilled Workers from small enterprises. Listed below are the main points that you must be aware of when employing someone as a Specified Skilled Worker.
Standards for Foreign Specified Skilled Workers
- Proved by testing or other evaluation methods that they have the necessary skills for the specified field (14 fields at the moment) of the employer
- Can provide a certificate that proves that they have passed the Japanese Language Proficiency Test N4 or a test of the same level
- If changed from the “Student” status of residence, they did not dropout nor were they dismissed from school
- They are not a missing technical intern trainee
- If changed from “Technical Intern Trainee (ii),” they have completed the training plan with a good behavior
Standards for Accepting Organizations
- Remuneration shall be at least equal to the amount that would be paid to a Japanese person engaged in the same work
- Pick up and drop off foreign nationals at the airport, etc. when they enter/leave the country
- Direct employment (excluding agriculture and fishing industry)
- If the foreign national cannot afford expenses to return home, this shall be provided by the accepting organization
- Comply with labor, social insurance and tax laws and regulations
- Not cause employees to leave their job involuntarily (not fire employees)
- Pay remuneration by direct transfer into a bank account
- Provide a living space of more than 7.5㎡/person (accompany when contracting, etc.)
- Prepare and support with utilities, such as electricity, water, and gas, for living in Japan
- Provide information on general life in Japan, such as where to receive medical support, what to do if the worker violates an immigration or labor law, and other information needed for the worker’s legal protection, in the language that the Specified Skilled Worker can understand. (The explanation must take at least 8 hours.)
- Accompany foreign nationals in registration procedures etc.
- Provide opportunities to learn Japanese necessary for daily life
- Provide support for activities to find a new place of employment
As you can see from the list above, thorough support is required to employ a foreign national as a Specified Skilled Worker. Also, it can be predicted that requirements such as #5 and #7 hit a sore spot for small enterprises. They might think that accepting foreign nationals as Technical Interns is much easier. This system was established because there were many problems concerning the Technical Intern Training system, but I can’t help but thinking that it is just encouraging it.
Final Thoughts
Two years has passed since the system started, and though it is rare, sometimes we receive inquiries from Specified Skilled Worker foreign nationals that have quit their job and wondering what to do next. Weren’t the accepting organizations supposed to support them? Moreover, the system for Specified Skilled Workers is not as strictly managed as the system for Technical Intern Trainees, so I have a feeling that more foreign nationals will go missing.
This status of residence was built to respond to the labor shortage. However, not having an immigration policy, inviting people from abroad and managing the system as expected might be difficult in Japan.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
