The Necessary Procedure During Job Transfer as Foreigners in Japan
As many foreigners are entering the job market in Japan, more and more cases of resignation and job transfer are happening. For sure the job transfer is not a problem no matter if you are local or foreigner. However, please pay attention that your job transfer will only be granted if the new job is within the scope of the visa you have. If the new job is not included in the scope of your visa, then you will be recognized as illegal working.
If you have working visa already and now considering the job move, regarding what procedure is necessary and what document is needed, we will walk you through as in below.
What you need to submit
When you resign from a company, please make sure you inform the Immigration Bureau within 14 days. If you are in the status of unemployment for more than 3 months, and there is no record of job hunting activities or new employment, your residence will be cancelled.
Once the new company is confirmed you also need to inform the Immigration Bureau as such, which means you need to submit related application within 14 days of the job transfer. A fine of 200,000JPY (at most) will be collected in the case of no submission regarding the status change. What’s worse is that if you neglect to do so, by the time of renewing the visa, the Immigration Bureau may not approve your application due to the reason mentioned above.
Now you can submit online via the system provided by the Immigration Bureau:
What the employer need to submit
- The company resigned from
Generally speaking, no matter if you are Japanese or foreigner, the same resignation procedure is followed, such as social insurance and tax. According to labor law, he company should provide you the resignation confirmation, resignation slip, and tax withholding slip, if all requirements are met, you can get compensation from unemployment insurance.
According to immigration law, in the case of resignation of a foreigner, the company should report to immigration bureau, however if the company submit “confirmation of invalidation of employment insurance due to resignation” and “confirmation of employment status” to Hello Work, the report to Immigration Bureau can be ignored. The precondition od the submission is that information regarding nationality, type of residence, period of stay are correctly filled into the “confirmation of residence disqualification”.
- The company transferring to
If a foreigner is employed, regardless of full time employer or part time, the company need to report to Hello Work. In the case of employing a full time staff, the submission of “confirmation of acquisition of employment insurance” is required, while in the case of employing a part time staff, the “confirmation of employment status” needs to be submitted. As the same, if submission is done at Hello Work, then the procedure at Immigration Bureau can be ignored. Expect of confirmations required for foreigners, the other procedure is no different from Japanese nationals. The submission can either be done at the reception or online. If the company fails to make submission to Hello Work, a fine of 300,000JPY at most will be collected as penalty.
- The acquisition of correct residence
The new company you are joining may not acknowledge the eligibility of the visa gained at your previous company. Therefore, the Certificate of Qualification for Employment needs to be applied at Immigration Bureau. the Certificate of Qualification for Employment indicates the qualification of working status in Japan as a foreigner. According to this certificate, the Immigration Bureau will confirm whether your previous job content fits in the current scope of activities of residence. Once it’s confirmed, the new company will accept you as eligible working visa holder with no further worries. What’s more, as the name of the company is included in the Certificate of Qualification for Employment, by the time you extend the period of stay, the procedure will be simplified, so please make sure you apply for this certificate.
If the job content is changed at the job transfer, or the job content doesn’t fit the scope of activities of residence any more, the Application of Change of Residency has to be submitted. If the job content is changed or the job content goes out of the scope of residence, you need to personally submit the Application of Change of Residency. If you start working at the new company without applying for Change of Residency, you’ll be recognized as working out of scope of activities of residence and your visa may be cancelled accordingly. To avoid illegal working, the new employer needs to confirm the Change of Residence of the candidate before the actual job transfer.
Lastly, please make sure you submit the Application of Extension of Period of Stay 3 months before your visa expires. There will be enough time to make application within 3 months, so please don’t leave it till the last minute.
As mentioned, the documents like “Certificate of Qualification for Employment” “Application of Change of Residency” and “Application of Extension of Period of Stay” are required during the job transfer, which takes lots of paper work. You may consider to ask a professional administrative scrivener to do it for you, it would be a good option if an administrative scrivener can minimize the risk of losing the job opportunity because of the documentary errors, and they can also assist with the renewal of working visa so the employment will be less worries.
As you know, we have professional judicial scrivener as well as administrative scrivener on the team to help you out. Interpretation service is available to help you with daily life problems. Please feel free to contact us should you need assistance to deal with the visa application procedure.
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