We are dismissing an employee on a work visa. What happens to their status of residence?

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）

What is this enquiry about?

An enquiry from an HR manager who plans to dismiss an employee residing under 「技術・人文知識・国際業務」.

Does the status of residence lapse immediately on dismissal?

It does not lapse immediately. But if the activity is not carried out for 3 months or more, it becomes subject to the revocation procedure.

Even if 1 year is left on the date written on the 在留カード (Residence Card), the activity under 「技術・人文知識・国際業務」 — the work at that company — stops the moment the person is dismissed. Under the 入管法 (Immigration Control and Refugee Recognition Act), where a person has not carried out the activity of that visa for 3 months or more without a justifiable reason, the 地方出入国在留管理局 (Regional Immigration Services Bureau) may start the 「在留資格取消手続」 (procedure for revoking the status of residence).

However, where the person is actively looking for their next employer after the dismissal (that is, job-hunting), it is common for this to be treated as a justifiable reason, and for the status not to be revoked straight away even after 3 months have passed.

Can the person take a part-time job after being dismissed?

Work that is treated as unskilled labour is prohibited. Only work that is allowed under the current status of residence is possible.

Income stops once the person leaves the company. But until the next job is found, taking on work that is treated as unskilled labour — factory work, construction work, customer service in the service industry and the like — under the name of a part-time job is prohibited.

Taking a job that can be carried out under the 「技術・人文知識・国際業務」 the person currently holds is not in itself prohibited, even on a temporary basis. That said, with a future change or extension of the status of residence in mind, it is wiser to find another employer as soon as possible, work full-time and join the social insurance scheme.

What does the company (HR) need to do?

3 points: notifying the end of the contract, the employment insurance loss procedure, and the dismissal notice allowance.

1. 所属機関に関する届出 (Notification of the Accepting Organization) — within 14 days
   The company is expected to notify the 出入国在留管理庁 (Immigration Services Agency of Japan) that the contract with that employee has ended.
2. Issuing the 離職票 (separation certificate) and similar papers
   The employment insurance loss procedure at ハローワーク (Hello Work, the public employment security office) is also needed. Foreign nationals, like Japanese nationals, can receive unemployment benefit if they meet the requirements.
3. Payment of the 解雇予告手当 (dismissal notice allowance)
   In some cases, payment of the dismissal notice allowance is required.

How should we tell the employee?

The key is to explain correctly that the visa does not disappear straight away, so that the person does not panic, disappear or take unsuitable work.

When you tell the employee about the dismissal, we suggest paying attention to the following points, so as to avoid trouble.

• Say that the visa does not disappear straight away　To stop the person panicking under the mistaken belief that "if I am fired, I am an illegal overstayer from tomorrow", explain correctly that there is time to look for another job.
• The status of residence while looking for a new job　If the person wants to stay in Japan and find new employment, they can look for a job while keeping their current 「技術・人文知識・国際業務」.
• Checking whether the person wants to return home　Where the person wishes to return to their home country, it is common for matters such as air tickets to be discussed as part of the terms of the dismissal (the package).

What needs particular care is the person disappearing after the dismissal for fear of becoming an overstayer, or taking unsuitable part-time work. As HR, please make sure you explain the notification the person has to make themselves (within 14 days), and encourage them to follow the proper process.

What if the expiration date of the period of stay is close?

It is helpful to advise the person to take their Hello Work card and similar papers and to consider a change to the relevant 「特定活動」.

If the expiration date of the period of stay is close, advise the person to consider a change to one of the following forms of 在留資格「特定活動」 (Designated Activities).

• Where a graduate of a leading overseas university or similar carries out start-up or job-hunting activities (J-Find)
• Where it has become difficult to continue the activity for unavoidable reasons (「特定活動」 for continued employment support)
• Where a former international student who graduated from a university in Japan carries out start-up activities
• 特定活動 relating to 特定技能 (where the person wishes to move to 在留資格「特定技能1号」 (Specified Skilled Worker (i)))

As a rule, the dismissal itself proceeds under labour law, and the status-of-residence procedures proceed calmly under 入管法. This article is based on information as at March 2026 (2026年3月). Please check the latest information on the website of the 出入国在留管理庁 or elsewhere.

Frequently Asked Questions

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• What types of work visa are there, and how do you apply?

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.