When is the best time to file a change from 「留学」 to 「技術・人文知識・国際業務」?

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 about when to file the 在留資格変更許可申請 (Application for Change of Status of Residence) from 「留学」 to 「技術・人文知識・国際業務」 for someone starting work on 1 April.

A change application that follows a student taking a job has to be in time for the start date of 1 April, so judging when to file it matters a great deal.

When is the best time to file the change application?

From early January to early March in the year of graduation; as a guide, late January to February.

An 在留期間更新許可申請 (Application for Extension of Period of Stay) can as a rule be filed from 3 months before the expiration date of the period of stay. For an 在留資格変更許可申請 that follows a student taking a job, however, you need to file at a time when you can prove that graduation is certain.

• The best window　From early January to early March in the year of graduation. Allowing for the screening period, this is the most reliable time
• The usual guide　Late January to February. This is when the documents to be submitted, such as the certificate of expected graduation and the transcript issued by the school, become available
• Whether you can file in December　This is likely to be too early. If expected graduation is not yet settled, or the school has not yet issued its certificates, you may be asked to submit further material, or screening may stop

What are the risks of filing too early?

The documents issued by the school that prove graduation may not be ready, and screening may be held over for a long time.

If you apply too early, for example in early December, there are the following risks.

1. The application is not accepted, or screening is held over　For a change application that follows a student taking a job, documents issued by the school that prove graduation is certain — a certificate of expected graduation, a certificate of expected credit completion — are essential. Where these have not been issued, or their content is still uncertain, there is a risk that the graduation requirements are judged not to have been met and screening is held over for a long time.
2. The work of applying again　Once you receive a denial, putting the documents together again and reapplying takes time and effort.

What are the risks of filing too late?

If you file from mid-March onwards, screening may not be finished by the 1 April start date.

Screening for a change to 「技術・人文知識・国際業務」 usually takes about 1 month to 3 months. If you apply from mid-March onwards, the risk grows that screening will not be finished by 1 April and the person will not be able to work from their start date.

What happens if screening is still going on after April?

Even when the expiration date of the period of stay arrives, if the change application has been accepted, the grace period (入管法第20条第6項) means that the person can stay in Japan on their existing status of residence until either the time of the decision or the day 2 months after the expiry date of the period of stay, whichever comes first. There is no need to take a further step of changing to 在留資格「特定活動」 (Designated Activities).

Being allowed to stay and being able to take up the work under 「技術・人文知識・国際業務」 are, however, two different things. The person cannot engage in the specialised work until permission is granted, so the administrative burden during the waiting period still increases.

What should the company get ready?

Check when the school will issue its documents, and have the company's own documents ready during December.

1. Checking with the school comes first　Through the student, be sure to ask the university or vocational school when the certificate of expected graduation and the transcript can be issued. The day these can be submitted is, in practice, the signal to start the application.
2. Preparing the company's documents　Have all the documents the company prepares — the employment contract, the company's financial statements, a description of the business — ready during December, and set things up so that you can file the moment the school's documents arrive.
3. Guidance after the start date　Even if screening is not finished in time for 1 April, no work is permitted between the start date and the grant of the status of residence. Please tell the person to keep to voluntary activities only, such as training for people who have a job offer, which carries no wages, and to strictly avoid engaging in the specialised work.

Frequently Asked Questions

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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.