Status-of-residence requirement for foreign nationals
Foreign nationals may reside and work in Japan only under a status of residence (在留資格, zairyū shikaku) granted through landing permission, acquisition permission, or change-of-status permission. Article 2-2(1) of the Immigration Control and Refugee Recognition Act (入出国管理及び難民認定法, Shutsunyūkoku Kanri oyobi Nanmin Nintei Hō; the "Immigration Control Act") establishes this as the foundational rule: a foreign national may reside in Japan only under a designated status of residence, except as otherwise provided by the Immigration Control Act or other laws.
The Immigration Control Act divides statuses of residence into two categories, listed in Appended Tables I and II to the Act:
- Activity-based statuses (Appended Table I): these focus on the activities a foreign national may perform in Japan—for example, "Professor," "Engineer/Specialist in Humanities/International Services," "Skilled Labor," "Highly Skilled Professional," "Specified Skilled Worker," or "Business Manager." A foreign national holding an activity-based status may engage only in the activities described in the right-hand column of Appended Table I corresponding to that status.
- Status-based statuses (Appended Table II): these focus on the foreign national's personal status or family relationship rather than a specific occupation—for example, "Spouse or Child of Japanese National," "Spouse or Child of Permanent Resident," "Long-Term Resident," or "Permanent Resident." Holders of certain Appended Table II statuses (such as Permanent Resident, Spouse or Child of Japanese National, or Long-Term Resident) may generally engage in any lawful work activity without additional permission.
Work-activity restrictions under Article 19
Article 19 of the Immigration Control Act reinforces the activity restriction for Appended Table I statuses: a foreign national holding a status of residence listed in Appended Table I may not engage in any income-generating or remunerative activity that falls outside the scope of the authorized activities for that status unless the individual obtains permission to engage in an activity other than that permitted under the status of residence previously granted (資格外活動許可, shikaku-gai katsudō kyoka) from the Minister of Justice. Violation of this prohibition—commonly called "illegal work" (不法就労, fuhō shūrō)—is a ground for deportation under Article 24 of the Act.
Practical implication for employers
An employer in Japan must verify that a prospective foreign-national employee holds a status of residence that authorizes the contemplated work, or that the individual has obtained Article 19 permission to engage in side work or part-time employment outside the primary status. The Immigration Services Agency (出入国在留管理庁, Shutsunyūkoku Zairyū Kanrichō; ISA), an external bureau of the Ministry of Justice, administers the status-of-residence system and maintains the residence-card (zairyū kādo) system for mid- to long-term residents. The back of each residence card states the holder's status of residence and, if applicable, any Article 19 permission for activities outside that status. An employer who aids or abets illegal employment may face criminal penalties under Article 73-2 of the Immigration Control Act.
The Immigration Control Act defines neither "employment" nor "work" exhaustively; the ISA has taken the position that any activity for which a foreign national receives economic benefit—including salary, wages, commission, or in-kind compensation—constitutes work subject to the status-of-residence restriction. Unpaid internships and purely academic research without remuneration generally fall outside the restriction, but employers should confirm the precise scope of authorized activities in each case.
Source: Immigration Control and Refugee Recognition Act, Article 1 Source: Immigration Control and Refugee Recognition Act, Article 2-2 Source: Regulation for Enforcement of the Immigration Control and Refugee Recognition Act, Article 19 Source: Ministry of Justice, Immigration Services Agency, What Is Immigration Control Administration?
Engineer/Specialist in Humanities/International Services status — scope and landing-permission criteria
The Engineer/Specialist in Humanities/International Services (技術・人文知識・国際業務, gijutsu jinbun chishiki kokusai gyōmu) status of residence is the most commonly used work visa for professional foreign employees in Japan and covers the majority of white-collar employment. The status is defined in Appended Table I(2) of the Immigration Control and Refugee Recognition Act and permits activities based on a contract with a public or private organization in Japan comprising:
- work requiring technology or knowledge in the fields of natural science (science, engineering, and other natural sciences);
- work requiring knowledge in the fields of humanities (law, economics, sociology, and other humanities); or
- work requiring thinking or sensitivity based on foreign culture (kokusai gyōmu, "international services").
Historical consolidation
The current status was created on April 1, 2015, through a merger of two previously separate statuses — "Engineer" (技術) and "Specialist in Humanities/International Services" (人文知識・国際業務). The consolidation permits greater flexibility for internal job changes within the same employer without requiring a formal change-of-status application when duties shift between science-based and humanities-based professional work.
Activity scope —専門的業務 (specialized professional work) requirement
The Immigration Services Agency treats the Engineer/Specialist status as requiring work that applies specialized knowledge or technical skill. The ISA's April 2026 guidance clarifies that "activities requiring special technology or knowledge that do not involve tasks performable through repetitive training" fall within the status; conversely, simple labor (単純労働, tanjun rōdō) — tasks that can be performed through routine training without applying university-level knowledge — is excluded. Examples of excluded activities include restaurant service, retail cashier work, factory line assembly, manual sorting and packaging, and on-site construction labor.
The ISA assesses whether the proposed work qualifies by examining the totality of the foreign national's activities during the period of stay. If non-qualifying tasks (e.g., floor sales or warehouse work) form a substantial portion of the role, the application will be denied even if some duties involve professional skill. Exception for initial on-the-job training: the ISA permits newly hired employees to engage in practical training (jitsumu kenshū, 実務研修) that includes otherwise non-qualifying tasks — for example, retail-floor or production-line rotations — if the training is necessary preparation for future qualifying work, applies equally to Japanese new hires, and is time-limited. The April 2026 guidance states that such training is generally approved when the employee is hired on an open-ended contract and the training period is proportionate to the overall employment term; a one-year training rotation for a permanent employee is acceptable, but two years of training for a three-year fixed-term contract would be denied.
Landing-permission criteria — educational background and work experience
To qualify for the Engineer/Specialist status, the foreign national must satisfy the landing-permission criteria in the Ministry of Justice Ordinance. For work requiring natural-science or humanities knowledge (categories 1 and 2 above), one of the following is required:
- University degree (including foreign university) in a field related to the contemplated work. The ISA requires that the applicant's major field of study correspond to the job duties; an economics graduate hired into banking satisfies this test, but a fashion-design graduate hired into financial sales does not.
- Japanese vocational-school completion (専修学校専門課程; senmon gakkō) with a subject matter related to the work, provided the school meets Ministry of Education standards.
- Ten years of practical experience in work related to the contemplated job duties (or in a related field). The ten-year requirement applies to related work experience broadly; it need not be in the identical job title. University or vocational-school study in the relevant field counts toward the ten years.
- IT professionals: passage of an information-processing examination or acquisition of a credential designated by the Minister of Justice under a special notice, even without degree or experience.
For work requiring foreign-culture-based thinking or sensitivity (kokusai gyōmu, category 3 above) — translation, interpretation, language instruction, public relations, international sales, fashion or interior design rooted in foreign aesthetics, product development incorporating foreign culture — the foreign national must have three years of related practical experience, except that a university graduate (in any major) engaging in translation, interpretation, or language instruction requires no experience.
Equal-or-better remuneration standard
The landing-permission criteria require that the foreign national receive remuneration equal to or greater than that paid to a Japanese national performing comparable work. While the Immigration Control Act specifies no minimum salary figure, the ISA has taken the administrative position that monthly salary should generally be at least ¥200,000–¥250,000 for an individual without dependents, and that contracts for a fixed term must be at least one year in duration.
New language-proficiency requirement for certain roles (effective April 15, 2026)
On February 24, 2026, the ISA announced additional documentary requirements for applications filed on or after April 15, 2026, by foreign nationals whose employer falls in Category 3 or Category 4 (smaller or newer companies without preferential documentary treatment). Applicants whose principal job duties involve language-based interpersonal work — translation, interpretation, hotel front-desk service, customer-facing roles requiring linguistic and cultural mediation — must submit evidence of CEFR B2-equivalent language ability in the language used for work. For roles conducted primarily in Japanese, CEFR B2 is deemed satisfied by:
- Japanese Language Proficiency Test (JLPT) N2 or higher;
- BJT Business Japanese Proficiency Test score of 400 or above;
- graduation from a Japanese university, Japanese kōsen (高等専門学校), or Japanese vocational school (senmon gakkō or its postgraduate course);
- completion of compulsory education and high school in Japan; or
- 20 years or more of mid-to-long-term residence in Japan.
This language-proficiency documentation requirement applies at initial Certificate of Eligibility application, change-of-status application, and — if the worker changes jobs into a language-intensive role — at the first period-of-stay extension following the job change. The requirement does not apply to applicants whose employer is Category 1 or 2 (listed companies, government-permitted entities, innovation-certified enterprises, or other preferred organizations), though examiners may request the documentation during the review at their discretion.
Periods of stay and work-permit linkage to the specific employer and job
The Engineer/Specialist status is granted for a period of five years, three years, one year, or three months. The specific period granted reflects the ISA's assessment of the employer's business stability, the employee's salary and prior compliance record, and — in the case of dispatch (temporary staffing) employment — the length of the dispatch contract. Effective March 9, 2026, foreign nationals working under a dispatch arrangement receive a period of stay matching the confirmed dispatch-assignment period; applications without a confirmed assignment at a named host company are denied.
Although the status itself is called "Engineer/Specialist in Humanities/International Services," permission is granted based on the totality of the applicant's specific employment arrangement — the employer, the job duties, the salary, and the relationship between the work and the applicant's educational or experiential background. A foreign national who changes employers or whose job duties materially change must notify the ISA within 14 days under Article 19-16 of the Immigration Control Act. If the new role is unrelated to the worker's academic major or prior work experience, the ISA may determine at the next extension application that the landing-permission criteria are no longer satisfied and deny the extension, even though the activity itself remains lawful professional work. Employers should therefore confirm before an internal transfer or role change that the new duties maintain the required nexus to the employee's qualifying background.
Source: Immigration Control and Refugee Recognition Act, Appended Table I(2), entry for "Engineer/Specialist in Humanities/International Services" Source: Immigration Services Agency, Clarification of the "Engineer/Specialist in Humanities/International Services" Status of Residence (April 2026 final revision) Source: Immigration Services Agency, "Engineer/Specialist in Humanities/International Services" page Source: Immigration Services Agency, Treatment of Dispatch-Form Employment under the "Engineer/Specialist in Humanities/International Services" Status (February 2026)
Intra-company Transferee status — one-year employment requirement and corporate-link test
The Intra-company Transferee (企業内転勤, kigyō-nai tenkin) status of residence permits a multinational employer to transfer an existing employee from an overseas office to a Japan office for a fixed period to perform professional work. This status is defined in Appended Table I(2) of the Immigration Control and Refugee Recognition Act and covers temporary transfers within the same corporate group—parent to subsidiary, subsidiary to parent, or between affiliates sharing a capital or control relationship.
The Intra-company Transferee status remains the primary route for multinationals to deploy existing employees to Japan operations. The two core requirements are unchanged:
1. One-year continuous overseas employment — The applicant must have been continuously employed at an overseas office of the company or group for at least one year immediately prior to the transfer, engaging in work equivalent to "Engineer/Specialist in Humanities/International Services."
2. Corporate group linkage — The sending and receiving organizations must share a capital or control relationship. Parent/subsidiary and head office/branch transfers qualify, but minority investments, simple franchise relationships, or independent alliances do not.
Material procedural changes effective April 2026 — documentation and review enhancements
- Additional evidentiary burdens now require applicants to submit: (a) overseas social insurance enrollment records, (b) detailed employment certificates and overseas job contracts, (c) local tax records for both the foreign and Japan entities, and (d) up-to-date Japanese and foreign corporate registration documents.
- Renewals and extension applications are subject to heightened scrutiny: proof of ongoing employment, submission of all required tax documentation, and evidence of continuous business operation for both entities.
- Incomplete or inconsistent documentation may now result in outright denial where previously minor deficiencies could sometimes be cured on supplement.
The one-year minimum employment and capital/control-linkage rules are unchanged in the statute and Ministerial Ordinance. However, practitioners and employers should anticipate longer review timelines and more requests for supplemental evidence, particularly where assignments are extended past five years or where there are changes in group structure or payroll arrangements.
References to the controlling criteria remain unchanged:
- Immigration Control and Refugee Recognition Act, Appended Table I(2) (entry for "Intra-company Transferee")
- Ministerial Ordinance to Provide for Criteria Pursuant to Article 7, paragraph (1), item (ii) of the Immigration Control and Refugee Recognition Act
Update note: April 2026 process tightening is administrative and does not alter the substantive landing-permission thresholds, but is material for compliance and practitioner workflow.
Source: Immigration Control and Refugee Recognition Act, Appended Table I(2), entry for "Intra-company Transferee" Source: Ministerial Ordinance to Provide for Criteria Pursuant to Article 7, paragraph (1), item (ii) of the Immigration Control and Refugee Recognition Act
Highly Skilled Professional status — points calculation, residency track, and special benefits
Japan’s Highly Skilled Professional (HSP, 高度専門職, kōdo senmonshoku) status is a points-based work-authorization route intended to attract advanced talent in research, specialized/technical roles, and management. Authorized under Article 7(1)(ii) and Appended Table I(2) of the Immigration Control and Refugee Recognition Act, this status confers accelerated eligibility for permanent residence and special benefits not available under standard work statuses. The legal and operational framework for point calculation is set out in Ministry of Justice Ordinance No. 66 of 2012 and publicly maintained points tables ("Points-based System for Highly Skilled Foreign Professionals"), which practitioners should check for effective-date changes.
Points Calculation — activity types and documented proof Applicants qualify in one of these three categories (Appended Table I(2), "Highly Skilled Professional (i)"):
- Advanced academic research activities (e.g., professor, researcher)
- Advanced specialized/technical activities (engineer, IT, finance)
- Advanced business management activities (executives, directors)
Points are awarded for academic credentials, professional experience, annual salary, age, and supplemental categories. All facts must be proven with official documentation (degree certificates, employer statements, salary slips, official translations where applicable).
Example thresholds from the official Ministry of Justice Points Table (as of February 2026):
- Academic degree: Ph.D. (30 points); Master’s (20 for research/tech, 15 for management route); Bachelor’s (10–15).
- Professional experience: 10 years (20 points for research/tech); 7 years (15 points); 5 years (10 points).
- Annual salary (pre-tax, excluding non-employment income): For research/tech: ¥10m+ (40 points), ¥9m+ (35 points), ¥8m+ (30 points) — points tiered down to ¥3m.
- Age (at application): Under 30 (15 points); 30–34 (10); 35–39 (5; research/tech only).
- Bonus items: JLPT N1 (15 points), N2 (10), Japanese university graduation (10), certain patents (15), etc. See the most recent table for every category and activity type.
The minimum qualifying score is 70 points (Art. 1(1) MOJ Ordinance 66/2012). MOJ publishes annual detailed rubrics, which control for new applications and extensions.
Special benefits and permanent residence track HSP (i) status, once granted, provides:
- Accelerated permanent residence: 80 points (as maintained) = eligible after 1 year; 70+ points maintained = after 3 years. This is set explicitly by MOJ notice under Immigration Control Act, Art. 22-2, and PMD notification.
- Spouse work permission: A spouse of an HSP may work in Japan (Reg. 66/2012 Art. 1(2)(iv), official Guidance Q&A).
- Parent/household staff sponsorship: HSPs earning ¥10m+ (documented) may sponsor a parent or domestic helper subject to strict criteria (MOJ, Points-based System — "family member accompanying" conditions), including illness/pregnancy or child under age 7 in the household.
- Preferential immigration processing and re-entry privileges (Reg. 66/2012, MOJ published rubric).
Conversion to HSP (ii) is available after 3 years of HSP (i) status (or 1 year at 80 points), conferring indefinite renewability and full work-activity flexibility (Appended Table I(2), "Highly Skilled Professional (ii)").
Practitioner alert: Every documentary detail—salary structure, degree equivalency, bonuses count, proof of professional experience—will be reviewed strictly against the MOJ rubric and the references required by Reg. 66/2012; translations and notarizations are expected. Salary means annual contracted wage/bonus/allowance only. The latest points-calculation table (as of Feb 2026) is available at the official MOJ/ISA portal.
Source: Immigration Control and Refugee Recognition Act, Appended Table I(2), “Highly Skilled Professional” Source: Points-based System for Highly Skilled Foreign Professionals — MOJ/ISA official, with points tables and bonus categories (current URL) Source: MOJ Ordinance No. 66 of 2012 — Criteria for Highly Skilled Professional Points Calculation
Specified Skilled Worker (SSW) status — industry eligibility, worker requirements, and permit conditions
Japan’s Specified Skilled Worker (SSW, 特定技能, tokutei ginō) status, introduced by amendments to the Immigration Control and Refugee Recognition Act effective April 1, 2019, permits foreign nationals to work in designated skilled labor roles in sectors experiencing labor shortages. The legal foundation remains Article 2-5 and Appended Table I(2) of the Immigration Control Act, with operational details governed by Ministry of Justice (MOJ) and Immigration Services Agency (ISA) regulations and sector-specific public notices.
Categories and Sectors (updated through May 2026)
- SSW (i): Covers defined labor-shortage industries, including nursing care, building cleaning, construction, shipbuilding, automobile maintenance, aviation, accommodation/lodging, agriculture, fisheries, food manufacturing, and (until April 13, 2026) food service. Update: As of April 13, 2026, the ISA has _suspended issuance of Certificates of Eligibility (COE)_ for the restaurant/food service sector under SSW (i) by formal notice.
- SSW (ii): Applies to more highly skilled roles in construction and shipbuilding, is indefinite-renewal, and permits limited family sponsorship per notice.
Sector standards and recent material changes
- Lodging sector: On April 22, 2026, the ISA published revised standards for lodging-sector SSWs, effective May 22, 2026 (ISA/宿泊業告示改正 令和8年5月22日施行)。Employers and new applicants must comply with these sectoral updates.
- Ongoing eligibility and sector expansions/contractions are announced by official MOJ/ISA notice (practitioners must check the current sector/industry eligibility list).
Eligibility and Worker Requirements
- Skills Verification: Sector-specific exams, or exemption for certain graduates of Technical Intern Training (TITP) level II/III.
- Japanese Language Proficiency: At least JLPT N4 or sector-specific test (MOJ/ISA designated). TITP graduates may qualify for waiver.
- Age/Experience: Legal adulthood required; sector criteria controlled by latest MOJ/ISA notice.
Permit and Labor Conditions
- SSW status ties the worker to a sector and, usually, to a specific employer. Job changes and employer changes require prior notification/approval by ISA; a cumulative five-year cap applies across employments for SSW (i).
- Support/accepting organizations: Effective April 2026, required _reporting on employee status and support measures is annual (not quarterly)_, with annual reports due by May 31 each year (施行 年次報告)。
- Employer obligations include certification, specified support plan implementation, compliance with Japanese labor standards law (Labor Standards Act, Act No. 49 of 1947), and sector-specific guidance; violations risk permit revocation or exclusion from the program by ISA.
Practice Notes (2026)
- The eligible SSW sector list is updated frequently—lodge and food service sector changes are material in 2026. Practitioners and employers must consult the current ISA/MOJ list for permissible industries and sector requirements before filing or extending applications.
Source: Immigration Control and Refugee Recognition Act, Appended Table I(2) — Specified Skilled Worker Source: Immigration Services Agency, Specified Skilled Worker (SSW) Program Overview Source: ISA, List of sectors and Procedural Notices (2026 lodging sector revision) Source: ISA, Formal Suspension Notice — SSW1 Food Service COE, April 2026 Source: Labor Standards Act, Act No. 49 of 1947
Certificate of Eligibility (CoE): application procedure and statutory basis under the Immigration Control Act
A foreign national seeking work authorization in Japan must generally obtain a Certificate of Eligibility (CoE) from the Immigration Services Agency (出入国在留管理庁, ISA) before applying for a status-of-residence visa at a Japanese consulate or embassy abroad. The CoE system is codified at Article 7, paragraph (1), item (ii) and Article 7-2 of the Immigration Control and Refugee Recognition Act (ICRRA, 入出国管理及び難民認定法), with detailed procedure prescribed in the Agency’s implementing regulations and official guidance.
Statutory basis and role of the CoE Article 7(1)(ii) of the ICRRA requires the applicant to possess a document certifying that the contemplated activity meets the landing-permission criteria for the relevant status of residence. Article 7-2 establishes the CoE as this evidentiary document, issued by the Minister of Justice on application by a prospective employer, organization, or agent (not by the foreign national directly—except for certain statuses such as students and dependents). The CoE certifies that the foreign national’s planned activities, qualifications, and employer meet the statutory requirements for the intended status (e.g., Engineer/Specialist, Intra-company Transferee, SSW, Highly Skilled Professional).
Application process The sponsoring employer or agent submits the CoE application to the regional immigration office with jurisdiction over the intended place of employment. The application package must include a completed CoE form (prescribed by ISA ordinance), supporting documentation proving the factual elements required by the Ministerial Ordinance governing the target status (employment contract, educational credentials, company registration, proof of financial standing, and in some cases tax payment and payroll records), and explanatory materials.
Upon examination, if the Minister of Justice is satisfied that all conditions are met, the CoE is issued in official form (valid 3 months from date of issue; see Art. 7-2(2) ICRRA and Agency ordinance). The sponsoring employer sends the CoE to the foreign national, who then submits the original CoE with their visa application at a Japanese diplomatic mission abroad. The CoE speeds visa processing and pre-validates the eligibility for the intended status of residence under Japanese law. The visa itself is not a landing permission—it enables the holder to present at a port of entry; final permission is granted by an immigration inspector upon arrival.
Key practice notes
- The CoE is required for most statuses except short-term visitors and certain permanent residents. Application rejection rates are materially lower with a properly completed CoE package; submitting incomplete or inconsistent documentation is the main pitfall for new sponsors.
- If the foreign national does not enter Japan within 3 months of CoE issuance, the CoE lapses and a new application is required (Art. 7-2(2) ICRRA).
- The CoE application may be filed by an authorized immigration lawyer (gyoseishoshi). Status-specific documentary checklists and procedural forms, with official templates, are published on the Immigration Services Agency’s website.
Source: Immigration Control and Refugee Recognition Act, Article 7, Article 7-2 Source: Immigration Services Agency, Certificate of Eligibility procedure (official guidance, English)
Dependent status (家族滞在, kazoku taizai): family accompaniment and work permission for spouses
Japan’s Dependent (家族滞在, kazoku taizai) status of residence permits certain family members to accompany foreign nationals lawfully residing and working in Japan under a qualifying status—such as Engineer/Specialist in Humanities/International Services, Intra-company Transferee, Highly Skilled Professional, or Specified Skilled Worker. The Dependent status is governed by the Immigration Control and Refugee Recognition Act (Appended Table I(4)) and Ministry of Justice implementing regulations.
Eligibility for Dependent status
Appended Table I(4) provides for Dependent status for "the spouse or child who is supported by a foreign national residing in Japan with a status of residence listed in Appended Table I(2) or (5)." This includes principal holders of the main professional, intracompany transfer, highly skilled, or Specified Skilled Worker visa types. The family member must show sufficient means of support, typically through the principal’s income and housing, as set out in Ministry of Justice (MOJ) guidance.
Permitted activities and work limitations
By default, Dependent status does not authorize work. As explicitly set out in Appended Table I(4), Dependent status is for "daily activities as a dependent of the person residing in Japan." However, work permission for dependents is available upon application. Under Article 19(2) of the Immigration Control Act and MOJ regulations, a Dependent may seek a "Permission to Engage in an Activity Other Than That Permitted under the Status of Residence" (資格外活動許可, shikaku-gai katsudō kyoka) from the Immigration Services Agency (ISA). If granted, this permits part-time work of up to 28 hours per week (Ministerial Ordinance as referenced in Article 19; ISA procedural guidance)—a strict limit, violation of which is grounds for status revocation or deportation. Full-time work is not allowed unless the Dependent changes status to a work-permitting category via a full application under Article 20 of the Act.
Children on Dependent status are not eligible for work permission. Spouses may hold multiple activities (e.g., several part-time roles), but must stay under the 28-hour weekly aggregate limit.
Application process for dependents and for work permission
The sponsor (principal visa holder’s employer or the principal) applies at the relevant regional immigration office, providing evidence of qualifying status, relationship (marriage or birth certificate), sufficient income, and appropriate accommodation. Work-permission applications for dependents may be filed at the same time or after arrival. Residence cards for dependents reflect work-permission status on the card’s back if granted.
Practice note: If the principal’s status of residence lapses or is revoked, the dependent loses lawful status. Extension of stay, change of status, and permitted activities are tightly linked to the principal’s underlying status.
Source: Immigration Control and Refugee Recognition Act, Appended Table I(4), Article 19 Source: ISA — Dependent status official guidance Source: ISA — Shikaku-gai katsudō kyoka (activity outside status) application procedure
Permanent Resident status (永住者, eijūsha): eligibility requirements and application process [April 2026 update]
Direct answer: Effective April 1, 2026, Japan requires applicants for Permanent Resident (永住者, eijūsha) status to hold the actual maximum period of stay permitted for their visa category (typically 5 years), ending the previous practice where a 3-year period could be treated as the maximum for eligibility purposes. In addition, the Ministry of Justice has implemented stricter criteria regarding public obligation compliance—tax and social insurance payment histories are now subject to enhanced scrutiny, including remedied past delinquencies.
Why: This change follows the February 24, 2026 official revision to the Guidelines for Permission for Permanent Residence. Under Article 22-2 of the Immigration Control and Refugee Recognition Act (ICRRA), eligibility for permanent residence requires (i) good conduct, (ii) sufficient assets or ability for independent livelihood, and (iii) circumstances "in accordance with the interests of Japan." Previously, immigration authorities could treat a 3-year period of stay as the de facto maximum for many employment and family statuses, allowing permanent residency applications without first migrating to a 5-year term. The revised Guidelines make holding the full authorized maximum (for most, 5 years) a strict requirement, closing the prior loophole. The revised Guidelines also formalize stricter review of tax and social insurance payment histories, considering even past resolved delinquencies potentially adverse.
Source support:
- Article 22-2 of the Immigration Control and Refugee Recognition Act remains unchanged in its statutory text, but the binding administrative guidance on how Article 22-2 is applied was updated in February 2026 (effective April 1, 2026):
Source: Immigration Control and Refugee Recognition Act, Article 22-2 Source: ISA/MOJ: Permanent Residency Guidelines (April 2026 update, official)
- Practitioners should reference the posted English and Japanese official guidelines, as older summaries and secondary sources may no longer be accurate post–April 2026.
Caution / review status: Not yet human confirmed. Material change from prior practice: as of April 1, 2026, holding a 3-year stay is NOT sufficient—applicants must hold the actual maximum period (usually 5 years). Enhanced scrutiny of public obligation compliance is now expressly required under the new Guidelines.
Permission to Engage in an Activity Other Than That Permitted under the Status of Residence (資格外活動許可, shikaku-gai katsudō kyoka) — eligibility and process
The "Permission to Engage in an Activity Other Than That Permitted under the Status of Residence" (資格外活動許可, shikaku-gai katsudō kyoka) is the formal statutory mechanism under Article 19(2) of the Immigration Control and Refugee Recognition Act (ICRRA) enabling certain foreign nationals residing in Japan to lawfully engage in work activities outside the permitted scope of their main status of residence. This permission is absolutely required if a foreign national—typically a student, dependent, or researcher, but occasionally even a professional status-holder—seeks to undertake any remunerative activity outside their named status.
Statutory basis and policy rationale Article 19(2) ICRRA empowers the Minister of Justice to grant, upon individual application, limited authorization for work other than that allowed under the principal status. Without this permission, engaging in an income-generating activity outside the status (for example, a student taking a part-time job, or a dependent spouse working at a language school) constitutes illegal work and is grounds for revocation of status or deportation (Art. 24). The Ministry of Justice and Immigration Services Agency (ISA) maintain official guidance and procedural rules for these authorizations for all eligible statuses.
Eligibility and permitted statuses Eligibility for shikaku-gai katsudō kyoka depends on the principal status of residence. The most common applicants are:
- Students (留学, ryūgaku): allowed, standard permission is up to 28 hours/week during academic term and full-time during designated vacation periods.
- Dependents (家族滞在, kazoku taizai): may obtain permission for part-time work (also subject to 28 hour/week cap).
- Other statuses: Certain professional status holders (e.g., researchers, technical trainees) may also apply; non-employment status holders (temporary visitor, short-term stay) cannot use this mechanism and may not work under any circumstances.
Application procedure and compliance The foreign national (or their authorized representative) applies at the local immigration office before commencing the outside activity. The application requires:
- Completed official form as prescribed by ISA
- Passport and residence card
- Documentation describing the proposed activity (employment contract or letter)
- Proof of principal status and course of study/employment where applicable
Processing usually takes 2–4 weeks. If approved, the permission is stamped on the residence card; the grant is strictly limited by hours and type of activity. Standard permission for students and dependents is capped at 28 hours per week across all outside activities, unless otherwise specified. Violating the hours or permitted activity terms is treated as unauthorized work under Article 19 and may result in revocation or deportation.
Key compliance note for employers Employers must confirm not only the individual’s status of residence, but also the presence of a valid shikaku-gai katsudō permission on the residence card for any work falling outside the individual’s main status. Abetting or ignoring this requirement can expose the employer to criminal liability under Article 73-2 ICRRA.
Source: Immigration Control and Refugee Recognition Act, Article 19 Source: ISA, Application for Permission to Engage in Activity Other Than That Permitted (procedure, English) Source: ISA, Part-Time Work for Foreign Students and Dependents (official guidance)
Change of Status of Residence (在留資格変更許可): legal standard, process, and employer steps
Japan’s change of status of residence (在留資格変更許可, zairyū shikaku henkō kyoka) is the statutory procedure by which a foreign national already lawfully resident in Japan may apply to transition to a new status of residence. This is most commonly used when an individual on one status—such as Student, Dependent, or Specified Skilled Worker—secures employment qualifying for a professional status (e.g., Engineer/Specialist in Humanities/International Services, Highly Skilled Professional), or when changing between other work-eligible statuses. The legal authority is Article 20 of the Immigration Control and Refugee Recognition Act (ICRRA, 入出国管理及び難民認定法), with operational process governed by Ministry of Justice (MOJ) and Immigration Services Agency (ISA) guidance.
Statutory standard and Minister’s discretion Under Article 20(2) ICRRA, the Minister of Justice may allow a change of status if the applicant’s intended activities meet all requirements for the new status, and "there are reasonable grounds to allow the change." This grants the Minister discretion, and the ISA will examine both whether the new activity satisfies all statutory and regulatory criteria for the target status, and whether there is any statutory or policy basis to deny (for example, compliance history or concerns about abuse). The ISA's official forms and guidance set out what documentation and qualifying evidence must accompany an application, but the reasons for delay or denial—such as incomplete or internally inconsistent documentation—are primarily described in ISA practice notes, and not specified in statute.
Application procedure and employer responsibilities Change of status applications must be submitted (by the foreign national or an authorized gyoseishoshi immigration lawyer, as noted in ISA guidance) at the regional immigration office. The employer will generally provide an employment contract, company certificate (tosho), tax payment proof, and evidence that the job and employer meet the requirements for the intended status, as prescribed in the ISA's procedural checklist. All documents must be submitted according to ISA-prescribed formats; failure to do so is among the most common reasons for administrative delay (per ISA guidance). Both applicant and employer must ensure that work under the new status does not begin before approval and receipt of the new residence card—premature employment, even if the application is pending, constitutes unauthorized work under Article 19 ICRRA.
Timing and compliance The ISA does not guarantee a particular processing time, but states that cases may take from several weeks to two months or more. The applicant must remain in valid status throughout processing, and in some cases, the ISA may issue an interim certificate if a decision is expected to require additional time (as described in ISA guidance). Employers are responsible for checking that the individual’s new residence card reflects the correct status before permitting employment to begin, and must keep statutory records in compliance with notification and reporting obligations under Article 19-16 ICRRA and related MOJ rules.
Source: Immigration Control and Refugee Recognition Act, Article 20 Source: Immigration Services Agency, Change of Status of Residence guidance (official)
Short-Term Visitor status (短期滞在, tanki taizai): work prohibition and business-visitor permitted activities
Japan’s Short-Term Visitor (短期滞在, tanki taizai) status of residence is the default route for foreign nationals entering Japan for tourism, visiting family/friends, conference attendance, or business meetings—without engaging in remunerative work. The legal basis is Appended Table I(7) and related notes of the Immigration Control and Refugee Recognition Act (入出国管理及び難民認定法; Immigration Control Act). Short-term visitor status is not a work visa and does not permit income-generating activity in Japan.
Statutory definition and eligible activities Appended Table I(7) defines "Short-Term Stay" (up to 90 days) as "sightseeing, recreation, sports, visiting relatives, going on inspection tours, participation in lectures or meetings, business contact or other similar activities during a period not exceeding 90 days." Permitted activities are enumerated and do not include any form of work for remuneration as defined in Article 19(1). Acceptable business-visitor activities are narrowly interpreted: attending meetings, negotiating contracts, market research, or participating in unpaid conferences or seminars is permitted. Direct employment (whether paid in Japan or abroad), on-the-job training, hands-on technical work, or any activity producing goods/services for pay is strictly prohibited.
Work prohibition—statutory boundary Article 19(1) of the Immigration Control Act bars individuals on short-term visitor status from engaging in any paid employment or income-generating activity. Violating these boundaries is grounds for deportation under Article 24, and an employer facilitating unauthorized work faces penalties under Article 73-2 (illegal employment assistance). MOJ and the Immigration Services Agency (ISA) repeatedly emphasize that business-visitor admission is for brief, non-productive activities that do not involve entry into the local labor market.
Common examples – Permitted vs prohibited
- Permitted: Attending business meetings, inspecting Japanese offices/factories, negotiating/contracts, participating (unpaid) in academic or business seminars.
- Prohibited: Paid employment, remunerated consulting, performing technical/operational work (e.g. installing software, machinery), on-site work for a Japanese client, training Japanese employees, or delivering billable services.
Period of stay and extensions Short-term visitor stays are granted for 15, 30, or 90 days (single or multiple-entry, nationality dependent). Extensions are only in exceptionally narrow circumstances (e.g., illness) and do not permit status conversion to work status except under limited grounds via Article 20 and MOJ/ISA exceptional review.
Employers must ensure that foreign employees/guests on business visits do not engage in work activities beyond the scope authorized for short-term visitor status.
Source: Immigration Control and Refugee Recognition Act, Appended Table I(7), Article 19, Article 24 Source: Immigration Services Agency, Short-Term Stay (official status overview)
Specified Skilled Worker (特定技能1号) — employer obligation to pay compensation equal to Japanese workers
Under Japan’s Specified Skilled Worker (特定技能1号, SSW (i)) status, a core legal requirement is that employers must pay foreign workers compensation (salary/wages) that is at least equal to that of Japanese workers performing the same or comparable work. This equal-compensation rule is both a statutory and practical compliance obligation and is a key point of examination during labor inspections and immigration audits.
Statutory and regulatory framework:
- The Immigration Control and Refugee Recognition Act (ICRRA) Article 7, and associated Ministry of Justice ordinances and Immigration Services Agency (ISA) official guidance, establish that all labor conditions—including pay and working hours—for SSW visa holders must be at least equivalent to those of Japanese employees in the same role. If the employer has no Japanese employees in the equivalent position, the employer must justify the salary using company wage tables, collective agreements, or equivalent external evidence. Lowering the wage simply because the worker is foreign is explicitly prohibited.
Inspection and enforcement:
- Immigration authorities require that employment contracts submitted with SSW applications clearly state compensation that meets or exceeds local Japanese-employee norms for the same occupation. The Immigration Services Agency (ISA) carries out periodic reviews of payroll records and will request evidence that the salary and working conditions match those of Japanese staff. Failure to meet the requirement may lead to revocation of sponsorship status, penalties, or denial of future SSW sponsorships.
Examples and practice notes:
- If a Japanese employee doing the same job is paid ¥220,000/month, the SSW worker must be paid at least this amount; setting the wage lower simply because the hire is foreign is not permitted. If there is no direct local comparator, the employer must use documented wage table data or industry standards. For the construction industry, sectoral guidance requires this parity and audits actual wage data for compliance.
Employers should retain precise payroll records and documentary justifications in case of review. Wage parity must be written into the individual’s contract and cannot be bypassed by bonuses, in-kind compensation, or non-salary inducements.
Source: Immigration Services Agency, Specified Skilled Worker Q&A, Q26 Source: ISA, SSW Employer Guidance "Employment Notes" Source: ISA, Operational Guidelines for Implementation of SSW status, Section 3(1)(ii) Source: ISA, Construction Industry SSW Compliance Guidance, p.5
Designated Activities (特定活動, tokutei katsudō): scope, typical use-cases, and eligibility criteria
Japan’s "Designated Activities" (特定活動, tokutei katsudō) status of residence is a statutory catch-all category used for foreign nationals engaging in activities that do not fall under any of the specific statuses in Appended Tables I and II of the Immigration Control and Refugee Recognition Act (ICRRA). Codified in Appended Table I(5) and guided by a series of Ministry of Justice (MOJ) and Immigration Services Agency (ISA) public notices, this flexible category allows for work and stay arrangements that are not otherwise permitted and is frequently employed for special policy cases or as an interim solution when transitioning between statuses.
Statutory authority and examples of permitted activities Appended Table I(5) of the ICRRA grants the Minister of Justice authority to confer "Designated Activities" status to foreign nationals whose purpose of stay or activity is individually specified in a public notice (Minister of Justice or ISA ordinance/notice), subject to limits prescribed therein. This status is expressly policy-driven; common examples include:
- Post-graduate job-seeking activities (e.g., university graduates remaining in Japan up to one year after graduation to search for employment, with part-time work-hours limits)
- Startup/entrepreneur visa pilot programs (with strict conditions for business-plan approval, financial support, and periodic progress checks)
- Internships not fitting other statuses, working holiday programs with specific partner countries
- Caregiving or family-support circumstances defined by MOJ/ISA notice
- Technical post-intern transition arrangements (for example, TITP completion and pre-SSW status)
MOJ and ISA periodically update the list of activities and their conditions by official notice, published on their websites and in the government gazette. One such update was issued in April 2024 for job-seeking activity extensions.
Eligibility and permitted employment Eligibility and the scope of permitted work under Designated Activities are strictly delineated by the relevant MOJ/ISA notice. The foreign national and, where relevant, the sponsoring organization must submit documentary proof that the activity matches a designated category and complies with published requirements (activity statement, employer letters, financial guarantees, etc.). Where work is permitted (e.g., for startup entrepreneurs or working holiday holders), the conditions—type of work, hours, renewal criteria—are fixed in the relevant notice. Most Designated Activities statuses do not allow unrestricted work and may be time-limited or require periodic reporting.
The application process is similar to other statuses: applicants (or their sponsors) submit documentation according to notice requirements to the ISA. The period of stay, eligibility for renewal, and permitted activities are specified in the status’ official grant. It is vital for practitioners to consult the latest official MOJ/ISA notice(s) for Designated Activities, as permitted use-cases and conditions are updated frequently based on policy needs.
Practice note: Practitioners should review the MOJ’s Designated Activities public notice and related guidance before proceeding, as both the permitted types of activity and the procedural details may change annually, and this status is not available for all work or business avenues.
Source: Immigration Control and Refugee Recognition Act, Appended Table I(5) — Designated Activities Source: Ministry of Justice, List of "Designated Activities" categories and instructions (MOJ official, English)
Working Holiday (ワーキング・ホリデー) status — eligibility, partner countries, and permit conditions
Japan’s Working Holiday (ワーキング・ホリデー) status of residence enables young nationals from partner countries, under reciprocal agreements, to travel and stay in Japan for up to one year while engaging in short-term work to supplement their travel funds. This is administered as a sub-class of the Designated Activities status (特定活動, tokutei katsudō) under public notice by the Ministry of Justice (MOJ). The scheme is operated by the Immigration Services Agency (ISA) and individual Japanese embassies in each partner country.
Eligibility and partner countries Applicants must:
- Be a citizen of a country/region participating in a Working Holiday agreement with Japan. As of May 2024 (latest MOJ/ISA update), partner countries include Australia, New Zealand, Canada, the United Kingdom, South Korea, France, Germany, Ireland, Denmark, Norway, Portugal, Poland, Austria, Slovakia, Czech Republic, Hungary, Spain, Argentina, Chile, Iceland, Estonia, Lithuania, the Netherlands, Sweden, and several others. The current official list is maintained at the ISA Working Holiday portal; it is periodically updated by MOJ notice.
- Be aged 18 to 30 at the time of application (some bilateral agreements specify narrower limits; for example, certain agreements with Australia have permitted up to 18–25).
- Have not previously participated in the program.
- Reside in the partner country at application and apply from the Japanese embassy/consulate responsible for that country/region.
- Present proof of valid passport, sufficient funds for initial stay, a health/return ticket (as specified by the embassy), and intent for a holiday/travel experience where work is incidental, not the main objective.
Permitted activities and restrictions Working Holiday holders may accept temporary and short-term employment in most fields to support their stay, such as in hospitality, tourism, agriculture, or language teaching. However, employment in businesses which may affect public morals (e.g. adult entertainment, bars, gambling establishments) or roles prohibited by statute or policy is strictly forbidden, as explicitly stated in embassy guidance and the Designated Activities public notice. The period of stay is up to one year (extensions are generally not permitted, though some countries have special provisions per separate notice).
Application process Applicants submit a formal application and supporting documents (proof of funds, itinerary, health insurance, etc.) to the relevant Japanese embassy or consulate. Each embassy issues annual guidance covering national quotas, any country-specific criteria, and documentation required, which may vary between partner countries. The MOJ/ISA portal provides general eligibility but procedural specifics—including quotas, forms, and required evidence—should be checked with the embassy directly.
Employer practice note: Employers must check that the individual’s residence card lists Designated Activities (Working Holiday/ワーキング・ホリデー) and observe restrictions on work type and period. No status change or work extension is permitted at expiry without a new application under the general status-change procedure (Immigration Control Act Art. 20). Employment outside permitted fields or beyond the permitted period is a violation leading to revocation or removal.
Source: Immigration Services Agency, Working Holiday Program list and eligibility Source: MOJ/ISA, Designated Activities status (Working Holiday) official guidance
Residence Card (在留カード, zairyū kādo): employer’s obligation to check, retain, and update status records under the Immigration Control Act
What is the Residence Card and who is required to have one?
Japan issues a Residence Card (在留カード, zairyū kādo) to all mid- to long-term foreign residents, defined by Article 19-3 of the Immigration Control and Refugee Recognition Act (ICRRA). This card is the proof of status of residence, period of stay, and—critically—the legal right to work. Employers must confirm the presence, authenticity, and details of the card before onboarding a foreign worker or permitting them to work. The card records the individual’s status of residence, authorized activities, permitted work scope, and—for those with a "permission to engage in activity outside status" (資格外活動許可, shikaku-gai katsudō kyoka)—the corresponding stamp.
Employer’s obligation to check and retain records
Under Article 19-21 of the ICRRA, every employer is legally obliged to (1) confirm the employee’s right to work (by examining and recording the details from the Residence Card), and (2) retain records of the confirmation and all relevant card information for the duration of employment (and for one year thereafter). The same article mandates immediate reporting if the employer can no longer locate the worker (for example, if employment ends and the worker’s whereabouts become unknown). Article 19-16 further imposes notification duties where affiliation ends. Failure to comply exposes the employer to criminal penalties under Article 73-2 (assisting illegal employment), which may include fines or imprisonment, and to administrative sanctions.
What concrete steps must an employer take?
- Examine the original Residence Card of every foreign national before employment begins; take a copy, noting the card number, period of stay, and status of residence. Verify any work-permission endorsements (such as shikaku-gai katsudō kyoka) if employing students or dependents.
- Monitor expiry dates (period of stay, card validity) and cease employment if right to work lapses.
- Retain the copy/record for at least one year post-termination, in accordance with Article 19-21.
- Report to the Immigration Services Agency if a foreign employee’s whereabouts become unknown (e.g., abscondment or early departure without notice).
- Regularly confirm ongoing validity at renewal/extension cycles.
Practice note: The obligation applies to all employing entities (not only corporations, but also sole proprietors and non-profits). Routine checks (at onboarding and renewal) are standard—a failure to check, or employing a foreign national whose card does not authorize work, is a prosecutable offence and a common audit focus during labor or immigration inspections.
Source: Immigration Control and Refugee Recognition Act, Article 19-21 Source: ISA, Employer's guide to status verification and recordkeeping (official, English)