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Can I go home temporarily while my application to change to 「特定技能1号」 is being processed?

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

A 在留資格変更許可申請 and a 再入国許可申請 (application for a Re-entry Permit) can be filed at the same time. If you obtain a 再入国許可 (Re-entry Permit) before you leave, you can as a rule re-enter Japan keeping the status of residence you held before you left. If you leave without a 再入国許可 your status of residence lapses, so you must never leave Japan without permission.

What is this enquiry about?

A person whose application to change to 「特定技能1号」 is being processed asks about the re-entry permit procedure for going home temporarily.

Can the change application and the re-entry permit application be filed at the same time?

Yes, they can be filed together.

You can file a 再入国許可申請 at the same time as the 在留資格変更許可申請 from 技能実習3号ロ to 「特定技能1号」.

The re-entry permit system applies where a foreign national who holds a valid status of residence leaves Japan temporarily and intends to enter Japan again. By obtaining a 再入国許可 before you leave, you can as a rule re-enter Japan keeping the status of residence you held before you left.

As for the procedure, fill in the required items on the 再入国許可申請書 (Application for Re-entry Permit), separately from the 在留資格変更許可申請書, and submit it together with the other necessary documents to the 地方出入国在留管理局 (Regional Immigration Services Bureau) with jurisdiction over your area. When you apply, please tell the officer at the counter clearly that this is what you are doing.

What if the re-entry permit is not issued before the day I go home?

The standard processing period for a 再入国許可 is 「当日」 (the same day), so it is rare for it not to be ready in time.

First of all, the standard processing period published for a 再入国許可申請 is 「当日」 (the same day). If you apply at the counter of the 地方出入国在留管理局 with jurisdiction over your area, the standard is that it is issued that same day. It is not something that takes several days or 1 week, so there is no need to give up from the start simply because your travel date is close.

Also, a 再入国許可 is valid for up to 5 years, within your period of stay (6 years for special permanent residents). This is easy to confuse with the limit of 1 year for the みなし再入国許可 described below, so please keep them separate in your mind.

If the 再入国許可 still will not be issued before the day you plan to go home, leaving under a みなし再入国許可 is the usual course. This is a simple procedure done at the Japanese airport you depart from, and it allows you to enter Japan again within a maximum of 1 year.

Where a みなし再入国許可 cannot be used — for example if you plan to be out of Japan for more than 1 year — proceed as follows.

  1. Consult the 地方出入国在留管理局 early: as soon as you become worried that the permit may not be issued before the day you go home, contact the bureau with jurisdiction over your area promptly and ask what to do next.
  2. Adjust the date you go home: if possible, consider moving your travel date to after the 再入国許可 has been issued.

Leaving Japan without permission is strictly forbidden. If you leave Japan without obtaining a 再入国許可, as a rule the 技能実習3号ロ status of residence you held before you left lapses, and re-entry may become extremely difficult. Whatever the reason, please never leave Japan without permission.

What should I watch out for regarding the expiration date of my period of stay?

You need to file the change application before your current expiration date.

What do I need to prepare for the application to change to 「特定技能1号」?

You need documents showing that you completed your 技能実習, and the certificate showing that you passed the skills evaluation test.

Frequently Asked Questions

Can a 在留資格変更許可申請 and a 再入国許可申請 be filed at the same time?

Yes. Fill in a 再入国許可申請書 separately from the change application form, and submit it together with the other necessary documents to the 地方出入国在留管理局 with jurisdiction over your area. When you apply, please tell the officer at the counter clearly that this is what you are doing.

How long can I stay outside Japan on a みなし再入国許可?

It is a simple procedure done at the Japanese airport you depart from, and it allows you to enter Japan again within a maximum of 1 year. A 再入国許可 applied for at the 地方出入国在留管理局, by contrast, is valid for up to 5 years within your period of stay (6 years for special permanent residents). Note that the standard processing period published for a 再入国許可申請 is 「当日」 (the same day): if you apply at the counter, the standard is that it is issued that same day.

What happens if I leave Japan without a 再入国許可?

As a rule, the 技能実習3号ロ status of residence you held before you left lapses, and re-entry may become extremely difficult. Whatever the reason, please avoid leaving Japan without permission.

How much validity does my passport need to have left?

In general, at least 3 months of validity from the date you plan to re-enter is recommended. If not enough time remains, you may not be allowed to leave or to re-enter.

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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.