Working in Japan

Application for Certificate of Eligibility

It is to invite foreigners to Japan for long-term purpose. It is not able to be used for short-term visa (15, 30, 90 days) such as sight-seeing, business meeting, visiting relatives.

This application is used mainly for following cases.

1. To invite foreigners who are being employed.
2. To live together with spouse overseas.
3. To live together with children overseas.

It is generally required to present a valid passport with the visa approved by the diplomatic establishments abroad (the Japanese Embassy / Consulate General) based on a certain condition to an immigration officer and required to have a seal of verification for landing when entering Japan.

There are 2 options to obtain visa at the diplomatic establishments abroad.
　

1. The applicants directly apply for the visa to the diplomatic establishments by themselves.

Working visa or any other long-term visa are to be consulted in between the diplomatic establishments and the Ministry of Foreign Affairs of Japan and then consulted at Immigration Bureau in the Ministry of Justice, and the Immigration Bureau responds to the Ministry of Foreign Affairs based on the result of the fact-finding made by local Immigration Bureau. As it takes too much time to be issued the visa with this method, most applicants these days make use of the method described next #2.
　

2. Application with Certificate of Eligibility.

To invite foreigners, most applicants apply for the visa to the diplomatic establishments upon obtaining Certificate of Eligibility in advance.

To obtain Certificate, foreigners by themselves or company (receiving side), relatives in Japan, administrative scrivener…etc apply for an application for the certificate to the local immigration bureau where covers the residence the applicants are planning to live or the company located in.

Obtained certificate are to be sent to the applicants overseas. It is much easier and shorter to be issued the visa if the applicants submit the certificate to the diplomatic establishments when its application.
In general, it takes 1 to 3 months to obtain the certificate, and takes 1 week to be issued the visa.
　

3. Cautions when application for Certificate of Eligibility.

We have some reports that the visa is unable to be issued the visa at the diplomatic establishments abroad even if the applicants apply with the certificate from the immigration bureau in Japan.
Certificate of Eligibility is the certification issued at local immigration bureau in the Ministry of Justice and to prove activities which the applicants engage in Japan is not false and which comes under any of residence qualifications (except for short-term qualification) in the Immigration Control and Refugee Recognition Act when foreigners apply for e when immigration inspection.

With the certificate, it is of great advantage to be issued the visa and to shorten the inspection when entering Japan as the certificate itself could prove the applicant’s validity.

However, Certificate of Eligibility is issued by the Ministry of Justice and Ministry of Foreign Affairs of Japan is in charge of the procedure at the diplomatic establishments. Therefore,

Even if the applicants obtain the certificate, the visa isn’t issued if the applicants has any change on their situation (cancellation of employment due to unprofitable business operation or exposure of false documents on the application…etc) during the process of an examination of visa at diplomatic establishments.

For example, we have many reports that the visa isn’t issue for Chinese chef upon an interview at Japanese Embassy / Consulate in China even if they obtain the certificate in Japan.
　
　

Application for renewing Certificate of Eligibility

Generally, period of stay for foreigners who enter Japan with “Specialist in Humanities / International Service” visa or “Skilled Labor” visa is 3 years or 1 year. In case the applicants hope to extend their period of stay and maintain their activities, the applicants themselves or substitutes have to go to the local Immigration Bureau or branch, agency for application for “Extension of status of residence” by the expiration date of the period of stay.

If foreigners failed to make application for extension, it is regarded as an illegal resident and subject of “Deportation” and criminal punishment (Penal servitude/imprisonment for less than 3 years, or a penalty of 3 million yen). Not only the applicant but the employer also should keep an eye on the expiration date of their period of stay.
　
　

Application for Changing Residence Qualification

It is required for foreigners who already achieved their purpose to be in Japan or quit their current activities and try to engage in another activities which they don’t qualified at the moment. Following persons could an applicant for this application.

Overseas students who graduated university land a job in Japan, or foreigners, who are working based on “Specialist in Humanities / International Service” visa, are trying to start their own business, and or foreigners, who has been staying in Japan as Japanese spouse and their spouse passed away, are trying to stay as “Long-Term Resident”. According to diversification of residence activities, more and more people are making use of this system.

Not as “renewing of Residence Qualification”, this application can be made anytime the applicants want. As there are conditions to make application, so we need to make good preparation depending on case by case.
　
　

Application for Certificate of Authorization for Employment

According to Immigration Control and Refugee Recognition Act – Article 19 / Clause 2, it is defined as the document which the Minister of Justice proves availability of activities / business which could have reward or income based on the request made by foreigners in Japan.

It could be a protection for employer not to employ foreigners who aren’t qualified to work in Japan. With the certificate, foreigners is easily able to prove their validity to get a job in Japan.
However, it doesn’t mean that the foreigners are illegal employment if they don’t submit or obtain the certificate.

The certificate is very helpful when changing a job. With the certificate, there is no worry about the qualification for work at the new company and the process of renewing visa could be shortened.