Key Considerations When Renewing a Work Visa (Engineer/Specialist in Humanities/International Services)

If you employ foreign staff under a work visa (such as the “Engineer/Specialist in Humanities/International Services” status), it is critical to be aware of the deadline for visa renewal and whether any significant changes have occurred in their job description due to a job change or internal transfer. These factors may directly affect the outcome of their visa renewal application.

Work Visa Renewal Applications Can Be Submitted Up to 3 Months Before Expiry

Foreign nationals can begin the renewal process three months prior to the expiration of their current period of stay. Please note that employers cannot apply on behalf of the employee. Only the applicant themselves or a certified legal representative (such as a registered administrative scrivener or attorney) can submit the application.

Since expiration dates vary, it is essential not to overlook them. Even one day of overstay can result in unlawful residence (zairyūkikan keika), which may lead to a deportation order.

Given that application review may take time, and that financial institutions sometimes restrict access to bank accounts during the Special Period (when renewal is pending), it is highly recommended to file as early as possible within the allowable three-month window.

Visa Renewal When the Original Activity Was a New Business Project

If the original work visa was granted for involvement in a new business venture, immigration authorities may examine whether the actual duties performed align with what was claimed at the time of application. This is especially true if the company operates in industries that immigration authorities may regard as simple labor.

For instance, if the visa was granted for accounting duties, the authorities may inquire whether the individual has in fact been engaged in general fieldwork instead, potentially violating visa conditions.

What If the Foreign National Has Changed Employers?

If the foreign staff member has changed jobs, the renewal application will be treated similarly to a new visa application. The Immigration Services Agency will re-examine whether the new role at the new employer meets the requirements for the “Engineer/Specialist in Humanities/International Services” status.

In other words, the immigration authority will effectively review the case as if it were a new application. A mismatch between the current job and the criteria may result in denial.

For example, a person who graduated in Information Engineering and previously worked as a systems engineer may face problems renewing their visa if they are now working in a field such as restaurant customer service, which does not fall under this visa category.

To minimize such risks, we highly recommend applying for a Certificate of Employment Eligibility (Shūrō Shikaku Nintei Shōmeisho) after changing jobs. This certificate confirms that the individual’s new work duties align with the activities permitted under their current status of residence.

What If the Renewal Application Is Filed Near the Expiration Date?

If the renewal application is filed just before the expiration date, you may worry about the risk of overstaying. However, once the application is officially accepted, the applicant is granted a Special Period (up to two months beyond the original expiry date) during which they are legally permitted to remain in Japan. The Immigration Office typically issues results within this two-month timeframe.

What is the 2 months VISA extension (特例期間, TOKUREI KIKAN)?

 

About the Author

Masakazu Murai
Former investment banker at Mitsubishi UFJ Morgan Stanley Securities, a joint venture between Mitsubishi UFJ Financial Group and Morgan Stanley. He provided advisory services on corporate finance and M&A.

During his tenure, he also served as the central executive committee member of the labor union, promoting workplace diversity and improving labor conditions for foreign and female employees. His expertise lies in immigration procedures and financial consulting for foreign nationals.

• Licensed Administrative Scrivener
• Vice Branch Representative, Tokyo Administrative Scrivener Association (Minato Branch)
• Certified Financial Planner (CFP)
• Chartered Member, Securities Analysts Association of Japan

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