As more companies hire foreign talent, understanding “residence statuses” becomes increasingly important. In order for foreigners to work in Japan, they must obtain an appropriate residence status—but how should one determine which status applies?
This article explains, three key perspectives need to know about residence status: “applicability,” “qualification conformity,” and “appropriateness.”
What Is Applicability of a Residence Status?
The first thing to check is the “applicability” of a residence status. This determines whether the activities that a foreign national intends to undertake in Japan fall under any of the 29 categories of residence status defined by the Immigration Control and Refugee Recognition Act.
For example, if a company wants to hire a foreign national as a system engineer, interpreter, or language instructor, those activities fall under the “Engineer/Specialist in Humanities/International Services” residence status. In this way, confirming that a foreigner’s job duties align with one of the statuses prescribed by law is the first step in judging applicability.
What Is Qualification Conformity of a Residence Status?
Next, you must check “qualification conformity.” Even if a certain residence status appears applicable, you need to determine whether the applicant actually meets the requirements necessary to obtain that status.
For instance, if applying under “Translator/Interpreter,” the applicant must either (a) have at least three years of practical experience in a relevant field or (b) hold a university degree. In other words, someone with only two years of work experience or someone who graduated from a vocational school would not meet this criterion, making it difficult to apply.
Note that not every residence status has such specific requirements. Categories like “Professor,” “Cultural Activities,” or “Spouse or Child of a Japanese National” do not apply these same standards.
What Is Appropriateness?
Finally, consider the concept of “appropriateness.” This applies when a foreign national already in Japan applies to renew or change their residence status. Immigration authorities will comprehensively assess the person’s past residence history and their activities in Japan to determine whether the application is justified.
For example, a student whose attendance record is poor, or someone earning compensation but failing to pay taxes, may be judged to have an inappropriate residence history and thus be found not “appropriate.” In such cases, the application may be denied, so past conduct in Japan becomes an important factor.
When You’re Unsure About Hiring Foreign Talent
Company representatives may feel uncertain or have questions such as: “Is it okay to hire this person? Will we be able to secure the proper work authorization? How do we proceed with the application process?” When you face these challenges, we recommend consulting with a licensed immigration attorney (gyosei-shoshi) or a consultant who has specialized knowledge.
That concludes this article. Our firm is an expert on visas for Japan, the United States, and Vietnam. If you have any visa-related concerns, please feel free to contact us!
