No decision on our 「技術・人文知識・国際業務」 change application after 2 months. Can we only wait?
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 applied in mid-February, it is not unusual for the answer in late April still to be that screening is under way. The standard processing period for the 在留資格変更許可申請 (Application for Change of Status of Residence) is said to be 1 to 2 months, but February to April is the busiest season, so it can run past that. If you are told that screening is under way and no extra material has been requested, that does not mean a denial has been decided. One thing you must keep to, however, is that the person must not work until permission is granted.
What is this enquiry about?
An HR manager whose change application to 「技術・人文知識・国際業務」 for a new graduate has been pending for more than 2 months.
Subject: work visa (switching from 在留資格「留学」 (Student))
Application type: 在留資格変更許可申請
Situation: The enquirer is an HR manager at a company. This spring the company hired an international student as a new graduate and, on 16 February, filed an application to change to 「技術・人文知識・国際業務」. It was accepted, but more than 2 months later no decision has arrived.
What has happened: When they telephoned in early April, they were told that screening was under way, and that at that point no documents were missing. More than 2 weeks have passed since then, the April start date has gone by, and the person himself is anxious that it will end in a denial.
Question: Is there nothing to do but wait? Can talking to a 行政書士 (certified administrative procedures legal specialist, gyoseishoshi) speed up the screening or change the situation?
Why is there no decision after 2 months?
The standard processing period for the 在留資格変更許可申請 is 1 to 2 months, but February to April is the busiest season.
The standard processing periods published by the 出入国在留管理庁 (Immigration Services Agency of Japan) differ by type of procedure. The 在留資格変更許可申請 is 1 to 2 months, the 在留資格認定証明書交付申請 (Application for Certificate of Eligibility) is 1 to 3 months, and the 在留期間更新許可申請 (Application for Extension of Period of Stay) is 2 weeks to 1 month. A switch from 「留学」 like this one is a 在留資格変更許可申請, so the guide figure is 1 to 2 months.
Where there is still no decision, the reasons may include the following.
Congestion from mass graduate hiring — tens of thousands of international students across the country file change applications at the same time, so a queue for screening physically builds up
More careful screening — if you were told in April that nothing was missing, it is generally considered that this is not a problem with the documents. Either the case is simply in the queue for final approval, or it is at the stage where past cases on the company's side or the person's side are being checked in detail for consistency
Is waiting the only option?
You cannot press for a decision, but you should check that the notice has not gone astray, and understand what screening is under way means.
In practice, the reality is that it is difficult to press the 地方出入国在留管理局 (Regional Immigration Services Bureau) any harder than a telephone enquiry. Still, please check the following points.
Check that the postcard (the notice) has not simply failed to arrive — occasionally a notification postcard that has been sent does not arrive, because of a postal accident or a mistake in the address. Have the person check again whether any post from the 地方出入国在留管理局 has arrived
What screening is under way means — where you are told on the telephone that screening is under way, at the very least this is not a state where a denial has been decided and the notice sent out. Taken positively, it means there is still a possibility of permission
If nothing has arrived by just before the holidays, one option is to ask the section in charge again, in a polite but earnest tone: the joining ceremony has already passed, and you would like to know where things stand, also for the sake of the person's daily living.
What difference does talking to a 行政書士 make?
Screening does not become faster, but you can form a view of why it is dragging on, and prepare in case the worst happens.
It is not the case that screening becomes faster if a 行政書士 telephones. What a 行政書士 can do is not to speed up screening, but to reassess the risk of denial and prepare the next move should the worst happen. In concrete terms, the effects are as follows.
A second opinion on the application — by looking at your copies of the documents filed, we can form a view of the real reason screening is taking time (a weak link between the job duties and the field of study, concern about the company's financial results, and so on), and judge whether to submit supplementary material in advance
A legal explanation for the person — simply hearing from a specialist that a delay at this time of year is within the acceptable range does a great deal to ease the person's anxiety
Confirming the grace period — even if the person's period of stay under 「留学」 has expired, once the application has been accepted they can stay lawfully for up to 2 months under the 特例期間 (grace period). Making sure they understand this rule correctly removes the fear of overstaying
What should the HR manager watch out for?
The most important thing is that the person must not work until permission is granted.
Absolutely no work until permission is granted — if impatience leads you to have the person do real work under the name of 「研修」 (training), it becomes a breach of the rules on 資格外活動 (activity other than that permitted under the status of residence), that is, promoting 不法就労 (illegal work), and both the company and the person suffer damage that cannot be undone. Always have the person wait until the 在留カード (Residence Card) has been rewritten
Support for the person — they may be low, comparing themselves with a friend who applied at the same time and already has permission. Please tell them that each case is screened on its own, and that it is normal for results to come at different times even where applications were filed at the same time
Take stock of your copies of the documents — we recommend having your copies of the documents filed to hand and going through them once with a specialist, to check whether there really was nothing that could make screening drag on
Frequently Asked Questions
How long does a change application to 「技術・人文知識・国際業務」 take?
The standard processing period for the 在留資格変更許可申請 is 1 to 2 months. February to April in particular is congested with mass graduate hiring, so a queue builds up. Note that the 在留資格認定証明書交付申請 is 1 to 3 months and the 在留期間更新許可申請 is 2 weeks to 1 month, so the guide figure differs by type of procedure.
My period of stay has expired. Is it all right for me to stay in Japan?
If your application has been accepted, you can stay lawfully for up to 2 months under the 特例期間 (grace period). You cannot work, however.
Can we let the person work as 「研修」 before permission is granted?
No. It becomes a breach of the rules on 資格外活動, that is, promoting 不法就労, and both the company and the person suffer serious harm.
Will screening be faster if we ask a 行政書士?
No, it will not. What they can do is reassess the risk of denial and prepare the next move should the worst happen.
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.
