Residence status procedures for foreign employees in Japan

May 9, 2023

Example cases of Application for Extension of Period of Stay, Change of Status of Residence, and Notification to the Immigration Authorities:

Procedures for status of residence required for continued employment of foreign national employees

For foreign national employees, depending on the status of their activities or the length of their stay, they would need to apply for a change of status of residence or for an extension of their period of stay. Extension of Period of Stay is an application to renew an employee’s period of stay, which is required when their employment term is to be extended beyond his/her current period of stay. Change of Status of Residence application is required when there will be a change in the intended activity. For example, a foreign national who has been working under the status of “Engineer/Specialist in Humanities/International Services” may change his/her status when he/she meets the point requirements for “Highly Skilled Professional,” which is a higher level qualification that entitles him/her to certain preferential treatment. Another example would be when the marital status of a foreign individual has changed. A foreign national who has been residing in Japan under the status of “Spouse or child of Japanese National” based on marriage to a Japanese spouse, is required to change his/her status after a divorce.

When married, foreign nationals are free to decide whether or not to change their status of residence, but when it comes to divorce, if they wish to stay in Japan after their legal separation, they must apply for a change of status. This is especially true when a divorced foreign national has only a short period of stay remaining and is willing to continue to reside in Japan, he/she will need to prepare for the required procedures in timely manner. If the period of stay is exceeded without following the required procedures, the foreign national will be required to leave the country before the expiration of the period of stay. There are some cases where the application will not be granted due to the lack of required document materials even if the application is filed in time.

Types of Application

The following steps need to be taken when the expiration date is approaching:
【Application for Extension of Period of Stay】

1. Confirm the renewal schedule. Foreign individuals can apply for the extension of his/her status of residence 3 months prior to the expiration date. Please be careful not to file the application too close to the expiration date.
2. Prepare for application documents.
3. Ask for the applicant’s signature on the application form.
4. Submit the application at the local immigration authorities-the applicant with his/her original passport and residence card can file the document (an immigration lawyer or anyone who is entitled to submit the documents on behalf of the applicant can also file the application.)
5. Receive a notification from the Immigration Authorities. It usually takes about two weeks to one month for the authorities to complete their screening.
6. Receive a new residence card.
7. Continue the employment.

The following steps need to be taken when there is a change in the foreign individual’s activity:
【Application for Change of Status of Residence】

1. Confirm a change in the activity such as a marital status.
2. Prepare for application documents.
3. Ask for the applicant’s signature on the application form.
4. Submit the application at the local immigration authorities-the applicant with his/her original passport and residence card can file the document (an immigration lawyer or anyone who is entitled to submit the documents on behalf of the applicant can also file the application.)
5. Receive a notification from the Immigration Authorities. The screening period may vary depending on the type of status of residence in process.
6. Receive a new residence card.
7. Continue the relevant activity.

When hiring a new foreign national employee, an application for Certificate of Eligibility, Change of Status of Residence or Extension of Period of Stay may be required depending on the situation. Please contact us if you have any questions regarding the immigration applications for new foreign national employment.

Submission of Notification required when there is a change in the activity

In addition to the above applications, if a foreign employee has filed for a divorce, it is required for him/her to submit a “Notification of spouse” to the immigration authorities within 14 days from the date of his/her legal divorce. If there are changes being made within the affiliated organization, such as a change in the name or address of the entity, an applicant must submit “Notification of affiliated organization.”

Please note that there may be other relevant notification submission requirements for certain scenarios.