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When should we start preparing to renew a 特定技能 visa?

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

We suggest making a schedule that starts 4 months before the expiration date of the period of stay a standard rule inside your company. Confirm the person's wishes 4 months before; prepare the documents and check for unpaid amounts from 3 months before; draw up the application form at 2 months before; and complete the filing by 1 month before at the latest. If you start 4 months ahead, you can pay off any missed tax payments before you file.

What is this enquiry about?

An enquiry from a member of company staff who is struggling to manage the expiration dates of foreign workers taken on under 特定技能.

Why is managing the renewal deadline important?

Because if a renewal is missed even once, the person is staying illegally, and the company also runs the risk of being charged with the 「不法就労助長罪」 (the offence of promoting illegal work).

The period of stay for 「特定技能1号」 is decided as a period designated individually by the Minister of Justice (within 3 years). It is not chosen from a fixed set of options such as 1 year, 6 months or 4 months: 3 years may be designated, and so may a period marked off in a matter of months. The period differs from person to person, so it is dangerous to assume one single cycle across the company. (The period of stay for 「特定技能2号」 is 3 years, 2 years, 1 year or 6 months.)

Either way, renewal is needed periodically, and if a renewal is missed even once the person is staying illegally, and the company also runs the risk of being charged with the 「不法就労助長罪」.

To obtain permission smoothly, we suggest making the following 4-month cycle a standard rule inside your company.

What should we do 4 months before?

Confirm whether the person wants to renew, and check the internal appraisal.

  1. Confirm the person's own wishes
    First, ask the person whether they want to keep working for you. Workers on 特定技能 are free to change jobs, so this is the point at which you may find out that they are in fact thinking of moving.
  2. Check the internal appraisal
    Ask the manager on site about the person's attitude to work and how their skills are coming along. A renewal assumes that the employment contract continues, so it is important to reach agreement inside the company early.

What should we check 3 months before?

Applications are accepted from 3 months before the period of stay expires. The most important thing at this stage is to check the person's public obligations.

Applications are accepted from 3 months before the period of stay expires. The most important thing at this stage is to check the person's public obligations.

Check that tax and insurance contributions have been paid

The most common cause of denial in a 特定技能 renewal is unpaid or late 住民税 (resident tax) and social insurance contributions on the part of the foreign national.

Preparing the company-side documents

Assemble the official documents the company has to provide, such as financial statements and a tax payment certificate.

What do we do 2 months before and 1 month before?

At 2 months before, draw up the application form and review the support you have provided; complete the filing by 1 month before at the latest.

2 months before: drawing up the documents and a final check

  1. Review the support you have provided
    A renewal application looks at whether the 支援計画 (support plan) has been carried out properly. Check again that the records of the interviews held once every 3 months (the regular visit records) have been kept correctly, and that reports have been made using the latest forms and standards.
  2. Any activity outside the status of residence
    Check again that the person is not doing side work and is keeping strictly to the law.

1 month before: filing (the deadline)

  1. The 「特例期間」 (grace period) after filing
    As long as the application is accepted before the expiration date, the person can carry on working in Japan while the result is awaited (up to 2 months), even after the date has passed. This is the 「特例期間」.
  2. Keeping a copy
    Keep a copy of the 「申請受付票」 (application receipt slip) you are given inside the company, so that you can show at any time that the person is not working or staying illegally.

Renewing a 特定技能 visa is not just a piece of paperwork. It is an important chance to talk with the person, to check regularly how they are doing and to see whether they are able to keep to the rules in Japan. By starting 4 months ahead, you can put things right — pay off the amount in full — before you file, even if a missed tax payment or some other problem comes to light. That margin leads to reliable permission, and to peace of mind for the foreign worker.

Frequently Asked Questions

From when will a 特定技能 renewal application be accepted?

Applications are accepted from 3 months before the period of stay expires. However, given the internal confirmation and the document preparation involved, we suggest starting to move 4 months before.

What is the most common cause of denial in a 特定技能 renewal?

Unpaid or late 住民税 and social insurance contributions on the part of the foreign national. If anything is unpaid, there is a higher risk that the renewal period will be shortened, or that permission will be denied.

If the result does not come before the expiration date, does the person have to stop working?

If the application has been accepted before the expiration date, the person can carry on working while the result is awaited (up to 2 months), even after the date has passed. This is called the 「特例期間」.

Does the company also bear responsibility if a renewal is missed?

Yes. If a renewal is missed, the person is staying illegally, and the company also runs the risk of being charged with the 「不法就労助長罪」. Note that the period of stay for 「特定技能1号」 is a period designated individually by the Minister of Justice (within 3 years), and differs from person to person. For 「特定技能2号」 it is 3 years, 2 years, 1 year or 6 months.

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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.