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If I switch to 「特定活動」 for job hunting, is the 5 years for permanent residence reset?

Foreigners Employment Support Organization (FESO) / Published  / Last updated

This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original(日本語版を読む)

Answer

If you switch to 「特定活動」 (Designated Activities) for job hunting, please assume that the count of 5 years of continuous residence under a work status, which is needed for permanent residence, is in principle likely to be reset. This is because 「特定活動」 for job hunting does not fall under a work status as such. Keep the period on 「特定活動」 as short as possible, and keep the evidence that the dismissal was for reasons on the company's side.

What is this enquiry about?

An enquiry about how the permanent residence count works, from someone who has been dismissed for reasons on the company's side and plans to change to 「特定活動」 for job hunting.

What counts as a "work status" for the permanent residence requirement?

Work visas and residence-based visas count; 「特定活動」 for job hunting does not.

To obtain permanent residence, you are in principle asked to have lived in Japan for at least 10 years continuously, and within that, to have lived here for at least 5 years continuously under a work status or a residence-based status.

What happens to the "continuous" part?

The usual treatment in practice is that continuous residence under a work status is regarded as having been broken at the point you change from a work status to 「特定活動」.

In screening for permanent residence, the point that residence must be "continuous" is looked at very strictly.

The usual treatment in practice is that continuous residence under a work status is regarded as having been broken at the point you change from 「技術・人文知識・国際業務」 to 「特定活動」. Even if you find a new job and return to a work visa, the safe assumption is that the count of 5 years has to start again from that point.

Is there anything I can do now for a future application?

Keep the period on 「特定活動」 as short as possible, and keep the evidence that the dismissal was for reasons on the company's side along with a record of your job hunting.

  1. Return to a work visa promptly
    Keeping the period on 「特定活動」 as short as possible, and returning to a work visa as soon as you can, gives you material for arguing later that your residence was continuous.
  2. Keep the evidence of the reason for dismissal
    Be sure to keep the separation notice (離職票) and any letter showing that this was for reasons on the company's side. Some years later, when you apply for permanent residence, these are important evidence for explaining that being on 「特定活動」 for a time was due to unavoidable circumstances that were not your fault.
  3. Keep a record of your job hunting
    Please keep the paperwork from the procedure for being recognised as a job seeker at Hello Work, and any documents issued to you during the job-hunting period. They serve as proof that you were devoting yourself to looking for work.
  4. Keep meeting your public duties
    This is a period when your income becomes unstable, but please take care not to fall behind with pension, insurance and tax payments. Non-payment or late payment has a worse effect on screening for permanent residence than the residence requirement does.

The view that the count is reset is a harsh one, but since there is a legitimate reason, namely that this was for reasons on the company's side, there is room to explain it depending on what you do afterwards. First, find a stable job and start building up a work record again.

Frequently Asked Questions

Does 「特定活動」 for job hunting count towards the 5 years for permanent residence?

It does not. 「特定活動」 for job hunting is a preparation period until you obtain your next work visa, and it does not fall under a work status as such.

If I return to a work visa, can the earlier period be added together with the later one?

The usual treatment in practice is that continuous residence is regarded as having been broken at the point you change from a work status to 「特定活動」. After returning to a work visa, the safe assumption is that the count of 5 years has to start again.

How do I prove that the dismissal was for reasons on the company's side?

Be sure to keep the separation notice and any letter showing that this was for reasons on the company's side. Some years later, when you apply for permanent residence, these are important evidence for explaining that this was due to unavoidable circumstances that were not your fault.

What should I do about pension and tax while my income is unstable?

Please take care not to fall behind with payments. Non-payment or late payment has a worse effect on screening for permanent residence than the residence requirement does.

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This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.