When a company hires a foreign national in Japan, they must follow specific procedures under the Immigration Control and Refugee Recognition Act, which differ significantly from hiring Japanese citizens.

The system can be complex, leaving many HR managers wondering about the correct steps and potential pitfalls. This article addresses frequently asked questions regarding the employment of foreign nationals and work visa (Status of Residence) applications. We have summarized these practical points based on the latest regulations to assist with your hiring plans.

1. Basic Knowledge & Visa Types

Q1. Is there a specific visa actually named "Work Visa"?
While commonly referred to as a "Work Visa," there is no single category with that official name under Japanese law. "Work Visa" is a general term for several types of Status of Residence that permit employment. Common types include:

• Engineer / Specialist in Humanities / International Services: For engineers, interpreters, sales, accounting, designers, etc.
• Skilled Labor: For foreign specialty chefs, etc.
• Specified Skilled Worker (SSW): For industries with labor shortages, such as nursing care, construction, and manufacturing.
• Highly Skilled Professional (HSP): For high-level talent (a points-based system offering preferential treatment).
• Business Manager: For company executives and managers.

The specific visa you must apply for depends on the candidate’s job description, education, and career history.
 

Q2. Do I need a work visa to hire an international student for a part-time job?
Yes and no. A student's primary purpose is "Study," so they are generally prohibited from working. However, they can be hired for part-time work only if they have obtained "Permission to Engage in Activity other than that Permitted" from the Immigration Bureau.

In this case, they are strictly limited to 28 hours per week. Allowing them to exceed this limit may lead to charges of "Encouraging Illegal Employment" against the employer, so rigorous time management is essential.

2. Application Procedures & Workflow

Q3. What is the process for hiring a foreign national currently residing overseas?
Bringing a new hire from abroad generally involves these steps:

1. Sign Employment Contract: Execute the contract between the company and the candidate.
2. COE Application: The company (or a representative like a Certified Administrative Scrivener) applies for a Certificate of Eligibility (COE) at the Immigration Services Agency in Japan.
3. Receive/Send COE: Once the COE is issued (now often handled via email), it must be provided to the candidate.
4. Visa Issuance: The candidate applies for the actual visa at the local Japanese Embassy or Consulate in their home country using the COE.
5. Entry & Onboarding: The candidate enters Japan and receives their Residence Card at the airport.
   • Note: Residence Cards are only issued at specific major airports; please verify the arrival airport in advance.

Q4. What is the process for hiring an international student already in Japan as a new graduate?
You must apply to change their status from "Student" to a work-authorized status (e.g., "Engineer/Specialist in Humanities"). This is called an "Application for Change of Status of Residence".

This must be done before their start date. While applications are typically accepted starting around December or January before graduation, the review takes time, so an early start is highly recommended.
 

Q5. How long does the approval process take?
Processing times vary by the type of application and the current workload of the specific Immigration Bureau:

• COE (New Hire from Abroad): Generally 1 to 3 months.
• Change of Status (In-country): Generally 2 weeks to 1 month.

These are estimates; requests for additional documentation can extend the timeline. Always prepare early to ensure the visa is ready by the intended start date.

3. Screening Criteria & Hiring Tips

Q6. What does the Immigration Bureau look for during the screening?
While criteria are extensive, three points are paramount:

1. Relevance of Background to Duties: There must be a clear link between the candidate's major (or work history) and their role in Japan. For example, it may be difficult to justify a Humanities major working in a highly technical programming role without relevant experience.
2. Equal Pay: Salaries cannot be lower than what a Japanese person would earn in the same role. The pay must be equal to or higher than the prevailing local rate for that position.
3. Company Stability: The employer must prove they have the financial foundation to sustain the hire. This is typically verified through financial statements.

Q7. Are there specific things to keep in mind when drafting the employment contract?
The contract is a required document for the visa application. Beyond complying with the Labor Standards Act, it is standard practice to include a "Condition Precedent" clause, stating that the contract only becomes effective upon the successful granting of the appropriate work visa. This protects both parties if the application is denied.

4. Post-Hiring Obligations & Compliance

Q8. Are there any government notifications required after hiring?
Yes. All employers are legally required to notify Hello Work (the public employment office) when a foreign national is hired or leaves the company. Failure to report or filing a false report can result in a fine of up to 300,000 JPY.

• Note: The form and deadline vary depending on whether the employee is covered by unemployment insurance.

Q9. Should the company manage the expiration dates of employee visas?
If a "Residence Card" expires, the employee becomes an "overstayer," which makes their employment and stay in Japan illegal. While the responsibility to renew technically lies with the employee, companies should maintain a management system to track expiration dates and remind employees to start the renewal process three months prior to expiry.

5. Conclusion

Hiring foreign talent requires specialized knowledge of immigration law and careful attention to detail:

• Select the correct Status of Residence for the job.
• Verify the link between the candidate's background and the role.
• Allow sufficient time for the application process.
• Ensure compliance with Hello Work filings and visa expiration tracking.

Correctly managing these steps will help you secure and retain top global talent. Because requirements can change based on individual circumstances, we recommend consulting professional resources if you encounter any uncertainties.

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