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I changed jobs under 「特定技能1号」 and received notice that the examination for my change of status has been completed. When is the right time to resign from my previous job?

Foreigners Employment Support Organization (FESO) / Published  / Supervised by 五十嵐 博幸 行政書士・社会保険労務士

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)

Who this article is forAn enquiry from a person who, while employed under 「特定技能1号」, received a job offer to change employers and has received notice that the examination of the application for change of status of residence is complete.

Answer

Receiving the new Residence Card is what amounts to receiving permission. At the point when you receive notice that the examination is complete, you have not yet received permission, so you may keep working at your previous job until you receive permission for the new job. However, since you become unable to work at your previous job the moment you receive permission, you need to have resigned from your previous job by the time you receive permission.

What is this enquiry about?

An enquiry from a person who, while employed under 「特定技能1号」, received a job offer to change employers and has received notice that the examination of the application for change of status of residence is complete.

What is the difference between notice that the examination is complete, and permission?

Receiving the new Residence Card is what amounts to receiving permission.

Receiving the new Residence Card is what amounts to receiving permission. At the point when you receive notice that the examination is complete, you have not yet received permission. In practice, notice that the examination is complete arrives first, but this is only a notice that the examination has finished, and is a different point in time from formal permission (the issuance of the new Residence Card).

While the application to change status is being examined, is it all right to keep working at the previous job?

You may keep working at your previous job until you receive permission for the new job.

It is correct to understand that you may keep working at your previous job until you receive permission for the new job.

What happens at the previous job once you receive permission?

You become unable to work at the previous job the moment you receive permission.

You become unable to work at the previous job the moment you receive permission, and become able to work at the new job. For that reason, you need to have resigned from the previous job by the time you receive permission.

What should we do if it is difficult to resign right up to the last moment because of the previous employer's own circumstances?

It is practical to resign with a margin of time, taking into account how much of the period of stay remains.

Taking into account how much of the period of stay remains, and whether the change of job involves moving to a new place of residence, it is practical to resign with a margin of time and have the person wait in a state where they can start working at the new job straight away. Since the exact date permission will be received is hard to fix in advance, if you set the resignation date as late as possible, there is a risk that, if the examination finishes and permission is received earlier than the resignation date, a gap will arise during which the person cannot work at either the previous or the new job. Resigning a little earlier and having the person ready to work at the new employer while waiting for permission makes it easier to avoid this kind of risk.

If the timing of the resignation slips, does it become a serious problem?

As long as permission is received by the deadline of the grace period, it is not thought to become a serious problem.

Even if the timing of the resignation slips and the person ends up in the grace period, as long as permission is received by the deadline of the grace period, this is not thought to become a serious problem.

In conclusion, how should this be arranged?

We recommend resigning from the previous job with a margin of time, taking into account how much of the period of stay remains.

We recommend, taking into account how much of the period of stay remains and so on, resigning from the previous job with a margin of time, and being ready to start working at the new job as soon as permission is received.

Frequently Asked Questions

At the point when we receive notice that the examination is complete, do we need to resign from the previous job?

No. Notice that the examination is complete is not yet permission, so you may keep working at the previous job until you receive permission (the new Residence Card).

Can we keep working at the previous job even after receiving permission?

No. You become unable to work at the previous job the moment you receive permission.

What happens if the timing of the resignation slips and we end up in the grace period?

As long as permission is received by the deadline of the grace period, this is not thought to become a serious problem.

How should we decide the resignation date?

We recommend resigning with a margin of time, taking into account how much of the period of stay remains and whether the job change involves a move, and being ready to start working at the next job as soon as permission is received.

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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. Because it is a translation, the meaning may differ from the original in places. Where something affects a decision you are making, please check the Japanese version or ask us. The supervision by a 行政書士 is of the Japanese version.