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legal-obligation

When a non-Japanese citizen resigns or changes jobs, they are required to submit a notification regarding their organization. However, since different procedures are required depending on the conditions, some people may have trouble figuring out what to do.

In this article, we will break down and explain how to file the notification regarding the organization you belong to, and more, when resigning or changing jobs. We will also look at the system concerning revocation of status of residence.

Contents

  1. “Notification of Affiliated Organization” for those resigning or changing jobs
  2. Article 19-16, item 1 of the Immigration Control and Refugee Recognition Act
  3. Article 19-16, Item 2 of the Immigration Control and Refugee Recognition Act
  4. Revocation of Status of Residence
  5. Points to Keep in Mind when Resigning or Changing Jobs
  6. Application for Issuance of Certificate of Eligibility for Employment
  7. Conclusion

1. “Notification of Affiliated Organizations” for those resigning or changing jobs

Foreigners with the status of residence of “Engineer/Specialist in Humanities/International Services”, “Intra-company Transfer,” or “Highly Skilled Professional” are required to notify the Immigration Services Agency of Japan (hereinafter referred to as “Immigration Bureau”) of their organization within 14 days of resigning or changing jobs.

This notification system is a new provision established to strengthen residency management by the 2009 amendment to the Immigration Control and Refugee Recognition Act (hereinafter referred to as “Immigration Act”), and the article is as follows

A mid- to long-term resident who resides in Japan with the status of residence listed in the following items shall, in accordance with the category of status of residence listed in the respective items, notify the Commissioner of the Immigration Services Agency of Japan to that effect and the matters specified by the Ministry of Justice Ordinance within 14 days from the date of occurrence of the event specified in the respective items, in accordance with the procedures specified by the Ministry of Justice Ordinance. (2) The Minister of Justice shall notify the Director-General of the Immigration Control Agency to that effect and the matters prescribed by the Ministry of Justice Ordinance within 14 days of the occurrence of the event.

(i) Professor, Highly Skilled Professional (limited to those pertaining to item (i)(c) or item (ii) (limited to the case where the person is engaged in activities listed in item (c) of the lower column of the table of high-level professionals in the table in appended table 1-2) The same shall apply hereinafter) , business management, legal/accounting services, medical, education, intra-company transfer, technical internship, student, or training.

(2) A change in the name or address of a public or private organization in Japan that engages in the activities listed in the right-hand column of appended table 1 for the status of residence concerned, or its extinction, or withdrawal from or transfer to the said organization.

(ii) Highly-skilled professionals (limited to those pertaining to (a) or (b) of item (i) or (ii) (limited to the case where they are engaged in activities listed in (a) or (b) of said item) in the right-hand column of the section on highly-skilled professionals in the table in appended table 1-2) The same shall apply hereinafter). Those engaged in research, technology, humanities, international services, nursing care, entertainment (limited to those engaged in activities pertaining to the status of residence based on a contract with a public or private organization in Japan) (2) Technical skill or specified technical skill

(2) A person who is engaged in activities pertaining to the status of residence of a public or private organization in Japan (limited to those pertaining to item (i)(a) of the lower column of the section on highly skilled professionals in the same table) who is the other party to a contract. (2) A change in the name or location of a public or private organization in Japan (in the case of a public or private organization in Japan designated by the Ministry of Justice, limited to those pertaining to the status of residence of a high-level professional (limited to those pertaining to item (i)(a) in the lower column of the section on high-level professionals in the same table), or its extinction, or termination of a contract or conclusion of a new contract with said organization.

It may be difficult to understand just by looking at the article snippet from above, therefore we will explain the details of the procedures below.

2. Article 19-16, Item 1 of the Immigration Control and Refugee Recognition Act

This is a notification regarding the affiliated organization of one’s scope of activity, and foreign nationals with a status of residence that falls under (1) below are required to notify the Immigration Bureau within 14 days of (2) below in the event of the “separation from the organization,” “withdrawal from the organization,” or “transferring to a different organization”

Organization refers to a corporation or a sole proprietorship that is engaged in employment activities.

Eligible status of residence

(1) “Intra-company Transfer,” (2) ” Highly Skilled Professional 1-C” (Note), (3) ” Highly Skilled Professional 2,” (4) “Professor,” (5) “Business Administration,” (6) “Legal/Accounting,” (7) “Medical,” (8) “Education,” (9) “Technical Intern Training,” (10) “Student or Training

Note: There are three categories of activities: (a), (b), (c), and (d), but only institutions related to activities performed in (c) are subject to notification.

Notification items

  1. Dissolution of organization
    • Date of termination of the organization
    • The name and address of the dissolved organization at the time of dissolution.
  2. In the event of withdrawal from the organization
    • Date of withdrawal from the organization
    • The name and address of the organization withdrawn
  3. Transferring to a different active organization
    • Date of transfer to the new organization
    • Name and address of the organization before the transfer
    • Name and address of the new organization
    • Details of the scope of activities at the new organization
  4. The location of the organization has changed (change of name or location, termination)
    • Date of change in location (details regarding the name and the termination)
    • New location or new name

Form of Notification

Notifications must be submitted in writing, but reference forms are available on the website of the Ministry of Justice, which can be downloaded and used as necessary.

(Download the reference form)

The enforcement regulations of the Immigration Control and Refugee Recognition Act do not specify the form to be used for notification, and any form can be submitted. However, we recommend that you use the following reference forms to ensure that you do not omit anything.

(Notification regarding the active organization)

  • (1) Organization dissolution → “Reference Form 1-1
  • (2) Withdrawal from the activity organization: “Reference Form 1-2
  • (3) Transfer to a new organization: “Reference Form 1-3
  • (4) Withdrawal from the current active organization and transfer to a new organization: “Reference Form 1-6
  • (5) Change in the location of the organization (change of name or location): “Reference Form 1-1

In the case of a change of job, it is convenient to use the reference form (4) when notify the old and new organizations at the same time.

Person Filing the Notification

Notification can be made by the foreigner himself/herself, the employer (including employees) as the notification agent, or an administrative scrivener.

Methods of Notification

The notification form can be submitted by either of the following methods:

  • (1) At the nearest immigration office by person
  • (2) By postal mail: Send an envelope marked in red “Notification Form Inside” with a copy of your resident card enclosed to the address below. (Mailing address) Yotsuya Tower 14F, 1-6-1 Yotsuya, Shinjuku-ku, Tokyo 160-0004, Japan
  • (3) If you wish to make a notification via the Internet, you will need to access the electronic notification system of the Immigration Bureau and register your user information in advance. For details, please refer to the following website of the Immigration and Refugee Management Agency (electronic notification system).

Penalties

The following penalties (criminal penalties) will be imposed on those who violate or make a false notification regarding their organization.

・Failure to notify

A fine of not more than 200,000 yen. A person who fails to notify the Immigration Bureau within 14 days of the occurrence of a reason for notification.

・False notification

Imprisonment for not more than one year or a fine of not more than 200,000 yen Those who have made a false notification by stating an unidentified organization or a false place of residence.

3. Article 19-16, item 2 of the Immigration Control and Refugee Recognition Act

This is called “notification of contracting organization” and foreign nationals with the status of residence that corresponds to the Eligible status of residence below are required to notify the Immigration Bureau of the matters in Notification items within 14 days in the event of “extinction of the contracting organization”, “termination of the contract with the contracting organization”, or “conclusion of a new contract with the contracting organization”.

labor-contract

Contracting organization refers to the party with whom the foreigner has a labor contract, such as employment, delegation, or consignment, and is an employer such as a corporation or a sole proprietorship.

Eligible status of residence

(1) “Engineer/Specialist in Humanities/International Services”, (2) ” Highly Skilled Professional 1 (a)” (Note 1), (3) ” Highly Skilled Professional 1 (b)” (Note 2), (4) ” Highly Skilled Professional 2″, (5) “Professor”, (6) “Business Administration/Administration”, (7) “Legal/Accounting Services”, (8) “Medical”, (9) “Education”, (10) “Technical Intern Training”, (11) “Student or Training”.

Note: Only public and private organizations in Japan designated by the Ministry of Justice are subject to notification.

Another note: Although there are activity categories (a), (b), (c), and (d), only organizations involved in activities listed in (a) or (b) are subject to notification.

Notification items

  1. Dissolution of organization
    • Date of termination of the organization
    • The name and address of the dissolved organization at the time of dissolution.
  2. In the event of withdrawal from the organization
    • Date of withdrawal from the organization
    • The name and address of the organization withdrawn
  3. Transferring to a different active organization
    • Date of transfer to the new organization
    • Name and address of the organization before the transfer
    • Name and address of the new organization
    • Details of the scope of activities at the new organization
  4. The location of the organization has changed (change of name or location, termination)
    • Date of change in location (details regarding the name and the termination)
    • New location or new name

Methods of Notification

Reference forms are available on the website of the Ministry of Justice. It can be downloaded and used when needed.

(Download the reference form)

The enforcement regulations of the Immigration Control and Refugee Recognition Act do not specify the form to be used for notification. However, it is recommended that you use the reference form to ensure that there are no omissions.

Notification regarding contracting organization

  • (1) Dissolution of the contracting organization (affiliation) → “Reference Form 1-1
  • (2) Termination of contract (retirement) with the contracting organization → “Reference Form 1-4
  • (3) Concluding a contract with a new contracting organization (reemployment) → “Reference Form 1-5
  • (4) Concluding a contract with a new contracting organization (reemployment).
  • (5) Changing the location of the activity for organization (change of name or location) → “Reference Form 1-11

In addition, the reference forms to be submitted differ depending on the relationship with the contracting organization, etc., as shown below, so it is necessary to select the form that best suits the situation at the time of notification.

In the case of a job change, it is convenient to use the form (4) when submitting the termination of a contract and the conclusion of a new contract at the same time.

Person Filing the Notification

Notifications can be made by the foreign national, the employer (including employees) as the notification agent, or by an administrative scrivener.

Methods of notification

The notification form can be submitted by either of the following methods:

  • (1) At the nearest immigration office by person
  • (2) By postal mail: Send an envelope marked in red “Notification Form Inside” with a copy of your resident card enclosed to the address below. (Mailing address) Yotsuya Tower 14F, 1-6-1 Yotsuya, Shinjuku-ku, Tokyo 160-0004, Japan
  • (3) If you wish to make a notification via the Internet, you will need to access the electronic notification system of the Immigration Bureau and register your user information in advance. For details, please refer to the following website of the Immigration and Refugee Management Agency (electronic notification system).

Penalties

The following penalties (criminal penalties) will be imposed on those who violate or make a false notification regarding their organization.

・Failure to notify

A fine of not more than 200,000 yen. A person who fails to notify the Immigration Bureau within 14 days of the occurrence of a reason for notification.

・False notification

Imprisonment for not more than one year or a fine of not more than 200,000 yen Those who have made a false notification by stating an unidentified organization or a false place of residence.

The above is an explanation of the notification system for organizations (activity organizations and contract organizations). In addition to penalties, the status of performance will be subject to evaluation in various applications for residency, so it is important to follow the proper procedures when a reason for notification arises.

4. Cancellation of Status of Residence

Foreigners residing in Japan are granted a status of residence based on the activities they perform in Japan. However, if a foreigner does not engage in activities based on the status of residence granted to him/her for a certain period of time, the status of residence may be revoked. In this section, we will explain how your status of residence can be revoked for those who have “Technical/Humanistic/International Services,” “Intra-company Transfer,” and “Advanced Profession” status of residence.

With regards to revocation of status of residence, Article 22-4 of the Immigration Control Act stipulates the grounds for revocation and the procedures for revocation. Article 22-4, Paragraph 1 of the Immigration Control and Refugee Recognition Act stipulates the grounds for revocation from No. 1 to No. 10, but here I will explain the following grounds for revocation, No. 5 and No. 6 (see the article below), which are particularly relevant to the “Technical/Humanistic/International Services,” “Intra-company Transfer,” and “Advanced Profession” statuses.

Immigration Control and Refugee Recognition Act, Article 22-4, Paragraph 1

Item 5

(2) A person residing in Japan with the status of residence specified in the upper column of appended table 1 is not engaging in any of the activities specified in the lower column of the same table according to the status of residence, and is staying in Japan to engage or attempt to engage in other activities (except in cases where there are justifiable grounds).

Item 6

A person residing in Japan with the status of residence listed in the upper column of appended table 1 who has continuously engaged in the activities listed in the lower column of the same table according to the said status of residence for a period of 3 months (limited to those pertaining to item 2 of the lower column of the section on highly skilled professionals in the table of appended table 1-2). The same shall apply hereinafter) for three months or longer (six months in the case of a person residing in Japan with the status of residence of a high-level professional (limited to that pertaining to item (ii) of the lower column of the high-level professional section of the table in appended table 1-2) (excluding cases where there are justifiable grounds for the person to stay in Japan without engaging in said activities).

(1) Ground for revocation No. 5

Ground No. 5 was newly established to supplement and strengthen the ground No. 6 in the amendment of the Immigration Control Act in 2016. The reason for the new amendment is that the disappearance of technical interns has become a social problem, and the law was amended as part of the countermeasures.

The following is the number of disappearances of technical intern trainees as published by the Ministry of Justice for reference.

Before the revision of the Immigration Control Act, the number of disappearances in 2015 was almost 6,000 per year. (4,847 in 2014, 5,803 in 2015, 5,058 in 2016, 7,089 in 2017, and 9,052 in 2018). With the establishment of new reason for revocation No. 5, it is now possible to revoke the status of residence of a technical intern who has disappeared, even if he or she has not been engaged in technical internship activities for more than three months. However, reason for revocation No. 5 will be applied only in cases where the current status of residence is no longer valid.

If there is a justifiable reason, it will not be considered as a reason for revocation. Justifiable reasons include cases where a person is looking for a new job that allows him/her to work with the current status of residence.

(2) Reason for revocation No. 6

Reason for revocation No. 6 applies to those who have resigned from their place of employment or stopped working, and have been staying in Japan without engaging in the activities of their status of residence for more than three months (six months for advanced specialist No. 2) without a valid reason. This is because the expectation is that the foreign national will be able to settle down permanently in Japan as an advanced human resource and be active for a long period of time. The difference from ground for revocation No. 5

The difference from the reason for revocation No. 5 is that the foreigner is not engaged in the activity of his/her status of residence, but it cannot be said that he/she is engaged in other activities or is about to engage in other activities. If there is a justifiable reason for item 6, it will not be considered as a reason for revocation. Specific justifiable reasons include looking for a job where you can work with your current status of residence, or suspending your stay for medical treatment.

(3) Procedures for Revocation of Status of Residence

The following is an explanation of the procedure for revocation of status of residence when it is initiated on the grounds of item 5 or 6 of the grounds for revocation.

Service of notice of hearing for opinion

When the Immigration Bureau learns that there is a mid- to long-term resident who falls under item 5 or 6 of the grounds for revocation, the first step is to conduct an opinion hearing with the foreigner who is the subject of the revocation.

A “Notice of Opinion Hearing” will be mailed to the foreigner, stating the date, time, place and the facts that constitute grounds for revocation. Upon receipt of this notice, the foreigner must appear at the immigration office to have the hearing. If the foreigner does not respond to the hearing without justifiable reason, the Immigration Bureau may revoke his/her status of residence without holding a hearing. If you have a legitimate reason for not being able to appear on the day of the hearing, such as illness or delay in transportation, you must contact the Immigration Bureau in advance.

Interview by the Immigration Inspector

An interview will be conducted by an immigration inspector. At this time, you can state your opinion regarding the fact that you are not engaged in the activities of the status of residence granted to you, and you can also submit materials that can serve as evidence.

Notification of the Result

If the Immigration Bureau decides to revoke your status of residence after hearing your opinion, a “Notice of Revocation of Status of Residence” will be issued.

The notice of revocation of status of residence will state the reason for the revocation and the period of departure (grace period). Usually, you will be asked to leave Japan within 30 days, so you need to leave voluntarily within this period. If you do not leave within the grace period, you will fall under the grounds for deportation, and you will be deported.

In addition, if the case falls under reason for cancellation No. 5, and the Immigration Bureau judges that there is a possibility of escape, the cancellation can be carried out without giving a grace period for departure. In this case, deportation proceedings will be initiated at the same time as the revocation, and the applicant will be deported. If the Immigration Bureau judges that there is a valid reason for the revocation, it will not be considered as a reason for revocation and the status of residence will not be revoked.

If you wish to continue working in Japan, it is important to find a new job as soon as possible. Also, if you are unable to work due to medical treatment, etc., it may be necessary to submit a medical certificate, etc., stating that you are receiving continuous medical treatment at a hospital, etc., rather than simply undergoing home treatment without being examined at a hospital.

5. Points to keep in mind when resigning or changing jobs

employment

This section explains the areas to considered when notifying the Immigration Bureau of resignation or when changing jobs for foreign nationals with ” Engineer/Specialist in Humanities/International Services”, “Intra-company Transfer” or “Highly Skilled Professional ” status.

  • (1) Fulfillment of notifications regarding contracting organizations and activity organizations

    If you resign from your job or your place of employment ceases to exist due to bankruptcy, you are obliged to notify the Immigration Bureau within 14 days from the date of occurrence of the event. Failure to do so may result in a fine of up to 200,000 yen. False notification is punishable by up to one year imprisonment or a fine of up to 200,000 yen. If you are punished, you may not be allowed to apply for the next extension of your period of stay or change of status of residence.

  • (2) Early reemployment

    If you are looking for a place to work with your status of residence after resigning, it is not considered a reason for revocation as you have a valid reason. If you wish to continue working in Japan after resigning, it is important to find another job as soon as possible.

  • (3) Status of residence that needs to be changed

    Foreigners with ” Highly Skilled Professional 1″ or “Intra-company Transfer” status are required to obtain permission to change their status of residence before changing the organization where they will work. Please note that if you start working at a new organization without obtaining a change of status, it will be considered an “activity outside the scope of status of residence.

    With regards to the status of residence of ” Highly Skilled Professional 1,” a certificate of designation will be issued at the time the status of residence is granted. If you wish to work at a new organization, you will need to obtain a designation from the Minister of Justice for the new organization.

    To obtain this designation from the Minister of Justice, you need to apply for a change of status of residence at the Immigration Bureau, and if approved, you will receive a designation letter stating the name of the new organization. If approved, you will receive a letter of designation stating the name of the new organization. Please note that you will not be able to work at the new organization until you receive approval for the change.

Intra-company transfer

When a foreigner with a status of residence of “Intra-company Transfer” changes jobs in Japan, he/she needs to change his/her status of residence to “Engineer/Specialist in Humanities/International Services” depending on the activities he/she intends to engage in at the new company.

Please note that if you work in Japan without obtaining permission to change your status of residence, it will be considered an activity outside the scope of your visa.

6. Application for Work Status Certificate

When a foreigner with “Engineer/Specialist in Humanities/International Services ” status changes jobs, if the period of stay is less than three months, he/she should apply for extension of the period of stay with the new company as his/her organization and the activities at the new company will be examined. In this case, in addition to the application for extension of the period of stay, you must also notify the termination of the contract with the previous organization and the conclusion of the contract with the new organization within 14 days.

On the other hand, if you have enough time left in your period of stay, you can apply for a “Certificate of Eligibility for Employment” to have the Immigration and Naturalization Service determine whether or not your activities at your new job fall under the category of “technical, humanities, or international services. If you apply for and are granted a Certificate of Eligibility to Work, it proves that your activities at your new job fall under the category of “technical, humanities, or international services,” and both the foreigner being hired and the company that hires you can work with peace of mind, as there is no risk of violating your status.

In another hand, if the Certificate of Eligibility for Employment is not issued, it means that the activities you are engaged in at your new job do not fall under the “Technical/Humanities/International Services” status of residence, so you will need to immediately stop your work and review the activities you are engaged in, or find a new job. Applying for a Certificate of Eligibility to Work is optional, but if your activities change before or after you change jobs, and you feel uneasy about whether you can perform the work at your new job with your current status of residence, you can rest assured that you will receive a Certificate of Eligibility to Work.

7. Conclusion

In this article, we introduced the legal obligation of notification imposed on foreign employees and the revocation system of status of residence. If you have any questions regarding the employment of foreign nationals or the handling of status of residence, please feel free to contact us. We provide total support for the employment of foreign nationals.