Types of Eligibility of Residence in Japan – Special Skilled Worker, Designated Activities, and Activity other than previously permitted

Residence Permission Process under Japan Immigration laws become more complicate than before as I noted previously because the types of residency have been added year after year. There are no chart like Australia when the viewer answers each question and reach some type of visa=residence. I imagine the person having no knowledge of residence system may not know what this URL wants to say- moreover, no detailed explanation of this system by English language (or other foreign languages). within the URL Therefore, it is almost no chance to understand the system for foreigner who wants to stay in Japan. We, Gyoseishoshi should appreciate such complicate system because lots of persons have no other choice to ask the work for applying the residency here to Gyoseishoshi or Lawyer having the license as application agency (the license card color is pink, so it customary called “Pink Card Holder”). However, to be honest, the change is too frequent and too many varieties, so it is much burden to follow up the system even for the pink card holder like me. I will write three eligibilities below – there are similar titles but different from each other and for my memorandum (since can’t make sense to me although I checked the definitions written by other professionals on the web) by both Japanese and English.

1. Special Skilled Worker

This qualification was created on April, 2019 for accepting the foreigners to the specified industries that urgent need for labors. This qualifications are separated Specified Skilled Worker 1 – foreigners having applicable knowledge and experience for the specified industries – and Specified Skilled Worker 2 – foreigners having expert level’s technique to the specified industries. The foreigners coming to Japan and completed the program based on the permission as Technical Intern Training can apply for the Special Skilled Worker 1 job without taking the examinations. On the other hand, the foreigners having no experience to stay as Technical Intern Training have two challenges – to take and pass Japanese Language Test Level 4 and skill test for the specified categories. The permission of Special Skilled Worker 2 is upper level of 1 since it is described skilled technical worker according to the materials made by Legal Bureau but not specifically explained what level of skill is required (so long as I checked and understand) . In sum, it is acknowledged the level of technique will be required more from Technical Intern Training → Specified Skilled Worker 1 → Specified Skilled Worker 2, and although not known yet, the specification of each technical level will be defined later when the time passed and number of Specified Skilled Worker 1 will be increased. I heard that it is not easy to be admitted as Specified Skilled Worker 1 since to pass Japanese Language Test N4 is still difficult for foreigners, the examinations of skill are only planned on 2 industries and even planned, the exam will be set only the venue in Japan, no plan to set outside of Japan now. Originally, the purpose of Technical Intern Training is to train the foreigners and such skill can be useful once they will be back to their countries (reality is that the employers did think they are cheap labors and did not teach & train the technique for them at all). However, contradict of this purpose, the majority of applicant of Specified Skilled Worker is the persons who completed Technical Intern Training, meaning require them to stay here and continuously use this skill for the employment in Japan. Will see what happened such a contradict will be solved soon for another resource. The upper level of Specified Skilled Worker 2 is the permission of “Skilled Labor” or/and “Engineer” and when Specified Skilled Worker 2 will be skilled more, it is possible to obtain such permissions.

I may αdd when the employers hiring Specified Skilled Worker does not have a resource, which helps foreigner come from or depart to the airport, guarantee of house lent or do any other care for foreign labor and advise for their life here, they can contract with the Application Adviser Organization as outsource of HR.  The burden of Application Adviser Organization are heavy and the requirement to be adviser of such organizations are too strict. It may have huge barrier for new entry that the person wanting to create this organization have no experience of Audit Organization of Technical Intern Training, nor having Gyoseishoshi License.

The person, completing Technical Intern Training and preparing for the employment as Specified Skilled Worker 1, can apply the permission of “Designated Activities” as I explained below and can continuously stay in Japan, 4 months maximum.

The reason of creating Specified Skilled Worker and the detailed explanation of this permission is here.

2. Designated Activities

This permission of Designated Activities is for the person whose conditions do not satisfy the requirement of residence but specifically admit the residency. Lots of different activities have been added to this category, until recently, 12 types of activities in this category and the requirements of 13 types are so different each other. For example, there are activities – the foreign students want to work for Japanese companies during summer recess or short term as the status of working holidays, the foreigner, already permitted her residence, is in sick at its mother country and she wants to care for the parent, or the person who wants to be nursing care public welfare service giver, will prepare in Japan, etc. In addition, as noted above, the applicant can apply to this permission when he will look for the job and prepare for the employment here- in sum, permission of Designated Activities are fill in the gap of other permission for a short term.

Recently, from May in 2019, one more activity was added. This is 13th Designated Activities as defined on the Legal Bureau page (here). This is basically the permission for the work at Services Industry or Manufacturing Industry to the persons graduating Universities or completing graduate school in Japan, which used to be restricted. The dependent of the applicant can also obtain the permission in addition to the main applicant. The permission of “Engineer/Specialist in Humanities/International Services” does not allow the applicant to work for Services or Manufacturing Industry because such service or manufacturing work seems to not required the work as ‘translation’ or ‘only the foreigner can handle’ and the employer has to make it reasonable for the hiring foreigners. The applicant, however, has to be more than the graduate of university or obtain Japanese Language N1 level, so they are very high level employees and it was sorry such persons have to go out of the country. By creating this activity as one of the category of permission, I imagine lots of employer previously hiring foreigners feel relieved. On thing I will add is that it is difficult to explain this 13th category when it is within the designated activities permission because it is not so special permission comparing with other designated activities. Rather, it should be called “General Labor”, for instance, so that this permission will be explained one of the laboring permission.

The concept of newly added activity and detailed requirement are here .

3. Activities outside of the permission already obtained for the residency

This permission has to be applied by the applicant having the residence but want to act and obtain money as different type of activity previously permitted, for example, 1.Student or Dependent will work for the company, or 2. the entertainer having entertainment permission with compensation will obtain the compensation from the workshop or seminar. The foreigner must apply when a. the permission of residency does not allow the foreigner will work with compensation, or b. the permission of the residency allow the foreigner work with compensation but this permission is different type of labor. This new permission only allows the volume or time of the work do not interrupt the activities already permitted, so for type 1, the maximum time of work is 28 hours in a week and for type 2, the volume of the work is lesser than the originally permitted activities.  This application is only accepted after foreigner entered into Japan. It is generally known the foreigner having student residence permission will apply for this additional permission but contrary of the originally purpose, the volume and time of these works are more than the originally residency and they devote the work primarily. despite the fact, these labors are desperately needed for the industries and the government need to solve the problem,  the permissions of Specified Skilled Workers and Designated Activities 13 were newly created.

The application form and requirements are here.

４. Sum

I pick up three permissions since these have similar names but totally different. We will see whether these permissions will be changed the name, requirement or additional and similar named permission will be added- I will add or modify on this blog in accordance with the changes.