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Changing from 技人国 to 家族滞在: what are the benefits and the points to watch?

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

Changing to 「家族滞在」 removes the restriction on the type of work and frees you from being tied to one employer. On the other hand, even with 資格外活動許可, you may in principle work only up to 28 hours per week. Please also think about the fact that the record of employment that is looked at in an application for permanent residence stops building up.

What is this enquiry about?

One partner in a couple where both work wants to switch from a status of residence for employment to 「家族滞在」, supported by their spouse.

What are the benefits of changing to 「家族滞在」?

The restriction on the type of work disappears, you are not tied to one employer, and being supported by your spouse may reduce what the household spends.

The restriction on the type of work disappears

「技術・人文知識・国際業務」 requires that what you studied at university or a similar institution matches the work you do. By contrast, if you change to 「家族滞在」 and obtain 資格外活動許可 (Permission to Engage in Activity Other Than That Permitted), the restriction on the type of work disappears. You can take the work you choose, including office work outside your field, customer service, or light manual work.

You are not tied to one company

A status of residence for employment assumes that you work at that company. 家族滞在 assumes that you live together with your spouse or parent. Even if you leave the company, you can continue to stay in Japan as long as your spouse or parent is working. You also do not have to worry about your expiration date while looking for a new job.

You can be a dependant for social insurance and tax

By becoming a dependant through your spouse's employer, you pay less health insurance and pension contributions directly yourself, and the household as a whole may spend less.

Are there drawbacks or risks in changing?

Your working hours are limited to up to 28 hours per week, permanent residence may move further away, and your spouse's ability to support you is examined.

Working hours are limited to "up to 28 hours per week"

This is the biggest drawback. 家族滞在 is a status of residence for being supported by someone else, so even with 資格外活動許可, you may not work beyond the ceiling of 28 hours per week, including overtime. For the scope of part-time work and how to obtain the permission, please also see Can I do part-time work on 家族滞在?

A future application for permanent residence may move further away

To apply for permanent residence, you are in principle required to have lived in Japan continuously for at least 10 years, and to have at least 5 years of recent work experience (資格外活動 does not count). Once you switch to 家族滞在, that count of work experience stops. If you want to obtain permanent residence in future, this may cost you time.

Your spouse's ability to support you is examined

At the time of the change application, you will no longer have your own income, so the check is on whether your spouse (the person supporting you) has enough income to support 2 people. If your spouse's annual income is low, or if there are unpaid or late tax or pension payments, there is a risk that the change application itself will be denied.

What should I watch out for in the change application?

2 points: apply promptly after leaving your job, and avoid working too much after the change.

  1. Apply promptly after leaving your job
    Applying after several months have passed since you left the company (a period of more than 3 months) invites questions about what you were doing in the meantime. Once you have decided to leave, start preparing early, whatever your expiration date is.
  2. Avoid working too much under 資格外活動
    After switching to 家族滞在, you cannot work full-time as you did before. Work beyond the permitted scope amounts to 不法就労 (illegal work), and not only you but your employer may face penalties.

In a change application, it is important to show in concrete terms, with an employment contract and tax assessment and tax payment certificates, that your spouse's income can support the household.

Which should I choose?

It works well if you want to focus on raising children or on study for a few years. If permanent residence or your career matters to you, keeping a status of residence for employment suits you better.

Changing to 「家族滞在」 gives you freedom with your time, but it comes at the cost of a full-time career and of how quickly you can reach permanent residence.

If instead you are thinking of moving back from 家族滞在 to a status of residence for employment, please also see Can I move from 家族滞在 to a work visa as a full-time employee?

Frequently Asked Questions

If I change to 家族滞在, how much can I work?

With 資格外活動許可, in principle up to 28 hours per week, including overtime. You may not work beyond this ceiling.

If I change to 家族滞在, does it affect an application for permanent residence?

It may. Permanent residence in principle requires living in Japan continuously for at least 10 years and at least 5 years of recent work experience, and 資格外活動 does not count towards that work experience.

In what cases is a change application denied?

Where your spouse (the person supporting you) has a low annual income and is judged unable to support 2 people, or where there are unpaid or late tax or pension payments, there is a risk of denial.

Is there anything to watch about the gap between leaving my job and applying?

Yes. If you apply after leaving it for several months (a period of more than 3 months), this invites questions about your situation during that time, so start preparing early once you have decided to leave.

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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.