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Can we take on Ukrainian evacuees under 「特定技能」?

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

If the person is in Japan, they can switch to 「特定技能」 through an 「在留資格変更許可申請」. However, they must pass the skills measurement test for the field concerned and a Japanese-language test (JLPT N4 or equivalent), and the accepting company is expected to have a plan covering the 10 items of mandatory support, and to be able to provide support in Ukrainian or Russian.

What is this enquiry about?

Guidance for HR staff at companies that want to take on, under 「特定技能」, Ukrainians who live in Japan on the 「特定活動」 for evacuees.

Why do companies choose to switch to 「特定技能」?

Because it lets you offer a long-term career path, and because it proves the person's skills objectively.

Many Ukrainian evacuees live in Japan on 「特定活動」 with a period of stay of 1 year, renewable, which carries no restriction on work. You can employ them as they are. Even so, more and more companies choose to switch them to 「特定技能」, and there are clear reasons for this.

How is the change from 「特定活動」 to 「特定技能」 done?

For someone who is in Japan, the procedure is the 「在留資格変更許可申請」.

  1. Passing the skills test and the Japanese-language test
    Even for evacuees, switching to 「特定技能」 requires passing the 「技能測定試験」 (skills measurement test) for the field concerned and the 「日本語試験(JLPT N4等)」 (Japanese-language test). Those who have completed 技能実習2号 (Technical Intern Training (ii)) are exempt, but for people from Ukraine the usual route is to sit the tests.
  2. Signing the employment contract
    The contract must pay the same as, or more than, a Japanese national doing the same work.
  3. Drawing up the support plan
    Plan the 10 items of support that are mandatory under 在留資格「特定技能1号」 (Specified Skilled Worker (i)): advance guidance, transport to and from the airport, help finding housing, orientation on daily life, and so on.
  4. Filing with the Regional Immigration Services Bureau
    You can apply even if there is still time left on the present 「特定活動」 period of stay.

What needs particular care when taking someone on?

3 points: language support, mental health care and the family situation, and links with the community.

Unlike people of other nationalities, such as those from South-East Asia, someone from Ukraine calls for care on the following points.

Does this lead on to 「特定技能2号」?

The fields covered have been expanded, and sharing 2号 as a goal from the time of hiring helps people stay.

The fields covered by 「特定技能2号」, under which family members may accompany the worker and there is no upper limit on the total period of stay, have been expanded. However, it is not an "unlimited" status of residence. The period of stay is set at 3 years, 2 years, 1 year or 6 months, and an 在留期間更新許可申請 (Application for Extension of Period of Stay) has to be filed each time it expires. It is only that there is no upper limit on the total period of stay, so please take care not to forget the extension procedure.

Quite a few people from Ukraine hope to bring their family over from their home country in future and to settle permanently in Japan.

By sharing the goal "let us pass the test and aim for 2号" from the time of hiring, you raise the chances that a very capable person will stay with you for a long time as a core member of your team.

At first, hiring people from Ukraine may have had a strong element of "humanitarian support". But those actually working on site have a very high level of education and a strong desire to learn, and they are now an essential part of the workforce. Switching from 「特定活動」 to 「特定技能」 is a big step that gives people confidence about living in Japan. If you have concerns about the procedure, about preparing for the tests, or about the support arrangements, please consult a certified administrative procedures legal specialist (gyoseishoshi).

Frequently Asked Questions

Can someone switch from the 「特定活動」 for evacuees to 「特定技能」?

If the person is in Japan, yes, through an 在留資格変更許可申請. You can apply even if there is still time left on the present 「特定活動」 period of stay.

Do evacuees also have to take the 「特定技能」 tests?

Yes. You have to pass the 技能測定試験 for the field concerned and a Japanese-language test (JLPT N4 or equivalent). Those who have completed 技能実習2号 are exempt.

What support must the accepting company provide?

The 10 items of mandatory support: advance guidance, transport to and from the airport, help finding housing, orientation on daily life, and so on. The support has to be given in a language the person understands well enough, so interpreting and translation arrangements in Ukrainian or Russian are expected.

What changes on moving up to 「特定技能2号」?

Family members may accompany the worker, and there is no upper limit on the total period of stay. The fields covered have been expanded. However, it is not an "unlimited" status of residence: the period of stay is set at 3 years, 2 years, 1 year or 6 months, so an 在留期間更新許可申請 has to be filed each time it expires.

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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.