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Do I need a 就労資格証明書 even if I still have period of stay left?

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

There is no duty to obtain a 就労資格証明書 (Certificate of Authorized Employment). All that the law requires is the 「所属機関に関する届出」 (Notification of the Accepting Organization), within 14 days of the job change. However, where the contents of your work differ a great deal from your previous job, we recommend obtaining one, so as to avoid the risk of being denied at your next extension.

What is this enquiry about?

An enquiry from a person with nearly 3 years of period of stay left, who is moving to a workplace in a different line of business.

Is a 就労資格証明書 compulsory?

It is not. All the law requires is the notification within 14 days.

Where a person holding 「技術・人文知識・国際業務」 changes jobs, there is no duty to obtain a 就労資格証明書.

What the law does require is that you make the 「所属機関に関する届出」 to the 地方出入国在留管理局 (Regional Immigration Services Bureau) within 14 days of the job change. You can submit it online or on paper.

Why do we still recommend obtaining one?

Because if the contents of your work change a great deal, there is a risk of being denied at your next extension.

Even if you still have period of stay left, where the contents of the work differ a great deal between your previous job and the new one, the 地方出入国在留管理局 will examine afresh whether that work matches the specialised field that follows from your education and career history.

If the work is judged to be an activity outside the scope of your status of residence, there is a risk of being denied at your next extension.

A 就労資格証明書 acts rather like an advance confirmation that there is no problem in working with these contents of work. If you have one, your future extension becomes very smooth.

A 就労資格証明書 is not a "permit"

It is also worth understanding the nature of the 就労資格証明書. The 出入国在留管理庁 (Immigration Services Agency of Japan) states clearly that the 就労資格証明書 is not a permit, and is not something without which you cannot work.

Furthermore, 入管法 (Immigration Control and Refugee Recognition Act) 第19条の2第2項 provides that no disadvantageous treatment may be given on the ground that a 就労資格証明書 is not presented. Being refused a job because you do not hold the certificate is treatment that the law does not allow.

The drawback is time. It usually takes around 1 to 3 months from the application until the result comes.

Does age affect screening?

It does not. There is no age limit on this status of residence.

How should I go about it?

The safest course is to apply for a 就労資格証明書 and start work only after the result comes.

  1. Apply for a 就労資格証明書
    Under 入管法第19条の2, the applicant for this application is the foreign national themselves. It is not something the employer applies for on your behalf; an approved member of the employer's staff can only submit the application form as a filing agent. Nothing moves forward unless you act yourself, so please keep this in mind. Doing this greatly reduces the risk of being denied at your next extension.
  2. Wait for the result before starting work
    It is understandable that the new employer wants to take you on straight away, but waiting 1 to 3 months secures the stability of your long-term residence in Japan.
  3. Submit the 所属機関に関する届出
    Once you start work, please be sure to submit it within 14 days.

It is a good idea to explain carefully to the owner of the new business as well that a 就労資格証明書 helps towards stable long-term residence, and to ask for their cooperation with the procedure.

Frequently Asked Questions

Is it illegal not to obtain a 就労資格証明書?

It is not illegal. Obtaining one is not compulsory; all the law requires is the notification within 14 days of the job change. The 出入国在留管理庁 also states clearly that the 就労資格証明書 is not a permit, and is not something without which you cannot work. 入管法第19条の2第2項 prohibits disadvantageous treatment on the ground that it is not presented.

Who applies for the 就労資格証明書? How long does screening take?

The applicant is the foreign national themselves. The employer can only have an approved member of staff submit the application form as a filing agent. Screening usually takes around 1 to 3 months.

If I still have period of stay left, am I free to change jobs?

You can change jobs, but where the contents of your work change a great deal, there is a risk of being judged at your next extension to be outside the scope of your status of residence.

Does being older count against me?

No. There is no age limit on 「技術・人文知識・国際業務」.

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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.