If they forget to submit notifications after changing jobs or continue working in roles that don’t match their visa category, this can lead to serious risks including visa renewal denial or cancellation of residence status. These issues can create significant problems not only for the individuals themselves but also for the companies that hire them.
This article explains the necessity and deadlines for “Notification Concerning Affiliated Organization” required when foreign nationals with skilled worker visa change jobs, the consequences of failing to submit notifications, and considerations for residence status changes and the use of employment qualification certificates when job duties change.
We will organize and present key points to help readers proceed with the proper procedures with confidence.
Table of Contents
When Continuing Skilled Worker Duties After Job Change
When foreign nationals with skilled worker visa change jobs, it is important to confirm whether their new job duties continue to fall within the scope of skilled worker activities.If the work at the new workplace qualifies as skilled worker activities, no special examination is required, and the procedure is completed simply by notifying the Immigration Services Agency of the job change and the details of the new work.
The details of this notification process will be explained step by step below.
Notification Concerning Affiliated Organization
Foreign nationals with Engineer/Specialist in Humanities/International Services residence status are obligated to submit a “Notification Concerning Affiliated Organization” to the Immigration Services Agency when their contract with their affiliated company ends or in similar situations.This notification is required in the following four scenarios:
When moving to a new workplace immediately upon resignation, only one notification is required. However, if there is a gap period before starting the new job, both “contract termination” and “new contract execution” must be reported separately, so careful attention is needed.
Notification Deadline is Within 14 Days
The notification concerning affiliated organization due to job change must be submitted within 14 days from the date of resignation from the company or the date of joining the new workplace.While the notification can be submitted at the counter of the regional immigration bureau or its branch office that has jurisdiction over your place of residence, submission by mail or online notification using the Immigration Services Agency’s electronic notification system is convenient.
Reference: Immigration Services Agency | Electronic Notification System
(https://www.ens-immi.moj.go.jp/NA01/NAA01S/NAA01STransfer)
Penalties Apply for Late Notification
If the notification is neglected, a fine of up to 200,000 yen may be imposed as a violation of the notification obligation under the Immigration Control Act.Furthermore, if false information is reported, imprisonment for up to one year or a fine of up to 200,000 yen is stipulated, and this is treated as a more serious violation.
Additionally, even if criminal penalties are not imposed, failure to fulfill notification obligations may be considered a disadvantageous factor in examinations such as residence period renewals.
This may become grounds for denial, and even if renewal is approved, only a short residence period may be granted, potentially affecting stable residence activities.
If you realize that you have forgotten to submit a notification, it is important to complete the procedure as soon as possible.
When Changing Jobs Simultaneously with Residence Period Renewal Application
Even when changing jobs simultaneously with a residence period renewal application, the notification concerning affiliated organization must still be submitted.In such cases, it is necessary to be mindful of the consistency between the content of documents submitted during the renewal application and the content recorded in the notification form.
If there are discrepancies in the information, it may be considered unnatural during the examination and could lead to disadvantageous decisions, so careful attention is required.
Consider Residence Status Change When Job Duties Change
When the duties involved in a job change fall outside the scope of Engineer/Specialist in Humanities/International Services, you must file an application for permission to change residence status rather than a notification concerning affiliated organization.Additionally, this change permission application must be submitted before changing jobs, and you cannot work at the new workplace until permission is granted.
On the other hand, even if job duties change, if the work after the job change continues to fall within the activity scope permitted under the skilled worker visa, no residence status change is required, and job change is possible with only the notification concerning affiliated organization.
Therefore, it is extremely important to properly determine which residence status the job duties at the new workplace correspond to.
When Residence Status Change is Required During Job Change
Representative examples of cases where residence status change is required when changing jobs from skilled worker visa include the following:As shown above, depending on the nature of activities after job change, it is important to note that status change must be completed in advance or you will not be able to work at the new workplace.
When You Can Continue Working Under Skilled Worker Visa Even with Job Duty Changes
Even when job duties change due to job change, if those activities continue to fall within the scope of skilled worker visa, no residence status change is required.Representative examples include the following:
As shown above, even if job duties or occupations change, if they correspond to activities permitted under the skilled worker residence status, no residence status change is required, and it is possible to continue skilled worker activities by simply submitting the notification concerning affiliated organization.
Be Careful to Avoid Renewal Issues After Job Change
The approval criteria for skilled worker visa are complex, and there is a risk that the background and work experience used to obtain the residence status before job change may not meet the necessary requirements for the job duties after job change, resulting in denial during the first residence period renewal.For example, consider a case where someone who completed an IT-related vocational school and worked as an IT engineer under skilled worker visa changes jobs to work as a language teacher at a private language school.
In this case, while they can legally work until their residence period expires after the job change, there is a high possibility that their renewal application will not be approved.
The reason is that when working as a language teacher, those without university graduation require at least three years of work experience, and an educational background of vocational school graduation in the IT field and work history alone do not satisfy the approval requirements for working as a language teacher.
When individuals working under skilled worker visa change jobs, it is advisable to conduct job search activities with consideration for the possibility of future renewal approval.
When Unsure if Post-Job Change Duties Qualify as Skilled Worker Activities
When you are unsure whether the job duties after a job change fall within the scope of skilled worker visa, there is a method to utilize the “Application for Certificate of Employment Qualification.”Foreign nationals planning to change jobs can use this procedure to confirm in advance whether they can engage in duties at the new workplace under their currently held residence status.
The issuance fee for the employment qualification certificate is 2,000 yen at the time of issuance, but it provides peace of mind when there are concerns.
However, it is important to note that obtaining this certificate does not guarantee approval for the next residence period renewal.
Summary
When foreign nationals with skilled worker residence status change jobs, they must submit notification concerning affiliated organization within 14 days, and penalties may be imposed for delays or false notifications. Furthermore, depending on changes in job duties, residence status change may be required, so it is important to confirm in advance what needs to be done after the job change.Individuals considering job change and company personnel planning to hire foreign nationals with skilled worker visa should properly understand the rules for notifications and residence status changes, and consider utilizing employment qualification certificate applications or consulting with specialists when in doubt. By following proper procedures, it is possible to work with peace of mind at a new workplace while maintaining stable residence status.
Supervisor Comments
The skilled worker residence status has a broad scope of eligible job duties and is utilized across diverse fields.However, there are many cases where employers and foreign nationals themselves receive criminal penalties or administrative sanctions as a result of incorrectly determining the permissible scope of employment.
Since immigration law contains strict regulations, let us establish a system that allows for continued work with peace of mind based on proper understanding.
Primary Sources Referenced in Article Creation
The primary sources referenced when creating this article are as follows:e-GOV | Immigration Control and Refugee Recognition Act
(https://laws.e-gov.go.jp/law/326CO0000000319)
e-GOV | Ministerial Ordinance Establishing Standards for Article 7, Paragraph 1, Item 2 of the Immigration Control and Refugee Recognition Act
(https://laws.e-gov.go.jp/law/402M50000010016/)
Immigration Services Agency | Notification Concerning Affiliated Organizations Q&A
(https://www.moj.go.jp/isa/applications/procedures/shozokunikansuru_00001.html)
Immigration Services Agency | Electronic Notification System
(https://www.ens-immi.moj.go.jp/NA01/NAA01S/NAA01STransfer)
Immigration Services Agency | Residence Status “Engineer/Specialist in Humanities/International Services”
(https://www.moj.go.jp/isa/applications/status/gijinkoku.html)
Immigration Services Agency | Application for Certificate of Employment Qualification
(https://www.moj.go.jp/isa/applications/procedures/16-9.html)
This article is a translation of the original Japanese version.
