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If a change from 留学 to 技人国 was denied on the ground that "the job content does not fall under the status", what can be done during the departure preparation period?

Foreigners Employment Support Organization (FESO) / Published  / Supervised by 五十嵐 博幸 行政書士・社会保険労務士

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)

Who this article is forAn enquiry from the applicant himself or herself, whose application to change from 留学 (Student) to 技術・人文知識・国際業務 (Engineer/Specialist in Humanities/International Services) (abbreviated 技人国) was denied.

Answer

During the departure preparation period (30 days), the response of applying for change of status of residence to 特定活動 for continuing job hunting was actually taken, and the application was accepted. In this case, a stay of 6 months was approved as 特定活動 (continuing job hunting), and the applicant was able to continue job hunting without leaving Japan. However, if no result comes within the 30-day departure preparation period the person becomes an overstayer, so whether a result comes within 30 days is the key point first of all, and it is said to be good to attach a letter of recommendation from the school the applicant graduated from and a request for expedited examination.

What is this enquiry about?

An enquiry from the applicant himself or herself, whose application to change from 留学 (Student) to 技術・人文知識・国際業務 (Engineer/Specialist in Humanities/International Services) (abbreviated 技人国) was denied.

Is it possible to apply for a change to 特定活動 during the departure preparation period?

There is a case where approval was obtained by a change application during the departure preparation period, while in another case no result came within the period and the person had to start over with a certificate application.

Although it is not exactly the same case, there is said to be a case in which a person hurriedly found a new employer during the departure preparation period, applied for a change to 技人国, and obtained approval. However, if no result comes within the 30 days and the person stays in Japan, the person becomes an overstayer, so there is also said to be a case in which the person had to return home, the change application was left hanging and lapsed, and the person had to start over with a new certificate application.

What is important when applying during the 30-day departure preparation period?

Whether a result comes within 30 days is the key point first of all.

Whether a result comes within 30 days is said to be the key point first of all. At the 東京出入国在留管理局 (Tokyo Regional Immigration Services Bureau), it is said that filing a change application during the 30-day departure preparation period is itself possible, but because the person becomes an overstayer if no result comes within the period, the person may be advised to leave Japan before that. For a 特定活動 visa for continuing job hunting, the applicant alone cannot complete the application and a letter of recommendation from the school the applicant graduated from and the like are thought to be needed, so it is said that it may be good, when applying, to submit a request for expedited examination within 30 days and, if possible, something like a petition letter from the school the applicant graduated from.

What was the actual result?

A stay of 6 months was approved as 特定活動 (continuing job hunting), and the applicant was able to continue job hunting without leaving Japan.

In this case, a stay of 6 months was approved as 特定活動 (continuing job hunting), and the applicant was able to continue job hunting without leaving Japan.

Frequently Asked Questions

If a change to 技人国 is denied and only a departure preparation period is granted, is there any other response available?

There is a case where an application for change of status of residence to 特定活動 for continuing job hunting was made and was accepted and approved.

If I file a change application during the 30-day departure preparation period, can I always avoid overstaying?

If no result comes within 30 days the person becomes an overstayer, so it is said to be important to aim for a result within the period by attaching a request for expedited examination and the like.

What materials are thought to be needed for a change application to 特定活動?

The applicant alone cannot complete it, and a letter of recommendation from the school the applicant graduated from and the like are said to be thought to be needed.

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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. Because it is a translation, the meaning may differ from the original in places. Where something affects a decision you are making, please check the Japanese version or ask us. The supervision by a 行政書士 is of the Japanese version.