Employee Wants to Switch Jobs in Japan: Navigating Immigration for Intra-Company Transfers and New Hires

Japanese Attorney at Law - Bengoshi L.L.

• 8 min read

Career development often involves transitioning between employers or roles. For foreign nationals working in Japan under a specific status of residence (visa), such changes are not merely a matter of signing a new employment contract; they have significant immigration implications that both the employee and the employers (current and prospective) must navigate carefully. Understanding these procedures is crucial to ensure continued legal residence and work authorization in Japan.

The Foundation: Status of Residence and Permitted Activities

Before diving into job changes, it's essential to remember that every foreign national residing in Japan for medium to long-term purposes does so under a specific "status of residence" (e.g., "Engineer/Specialist in Humanities/International Services," "Business Manager," "Intra-company Transferee"). This status dictates the scope of activities, particularly work-related ones, that the individual is permitted to engage in. A change in employment, even if the job title or industry seems similar, can impact this authorization if not handled correctly.

Scenario 1: Changing Employers, Visa Category Remains the Same

This is a common situation where, for instance, an IT engineer on an "Engineer/Specialist in Humanities/International Services" (GiHuman) visa moves from one tech company to another, intending to perform similar engineering duties. While the core visa category might not change, several procedural steps and considerations are involved.

Notification Obligations to the Immigration Services Agency

When a foreign national holding a work visa tied to a specific sponsoring institution (like GiHuman, Researcher, Instructor, etc.) leaves their employer and joins a new one, there's a mandatory notification requirement.

  • Notification of Change in Contracting Organization: The foreign national must notify the regional immigration bureau of the change in their contracting (employing) organization within 14 days of joining the new company (or leaving the old one). This applies to most work visas where employment with a specific entity forms the basis of the status.
  • Scope: This notification is for changes in the primary employer. Generally, internal transfers or departmental changes within the same legal entity do not require this specific "change of contracting organization" notification.
  • Consequences of Non-Notification: Failure to submit this notification within the stipulated 14-day period can result in fines. More critically, it can create complications during future visa renewal applications.

Ensuring Continued Eligibility with the New Employer

Even if the employee intends to continue working under the same visa category (e.g., GiHuman), it's not automatic that their current visa remains valid for the new job without scrutiny. The new employment situation must independently meet all the criteria for that status of residence:

  • Job Duties: The tasks and responsibilities at the new company must clearly fall within the scope of activities permitted by the current visa category.
  • Applicant's Qualifications: The employee's educational background and professional experience must remain relevant to the new job duties.
  • Remuneration: The salary and benefits offered by the new employer must be comparable to, or greater than, what a Japanese national would receive for similar work at that new company.
  • New Employer's Stability and Need: The new employing company must be a stable, legitimate business with a genuine need for the foreign national's specific skills and expertise.

The Strategic Value of a "Certificate of Authorized Employment"

To gain clarity and assurance regarding the permissibility of working for a new employer under an existing status of residence, foreign nationals can apply for a "Certificate of Authorized Employment" (就労資格証明書 - Shuro Shikaku Shomeisho).

  • Purpose: This certificate, issued by the Minister of Justice (via the Immigration Services Agency), officially confirms whether the specific activities the foreign national plans to undertake with a new employer are permissible under their current status of residence, or if a change of status would be required.
  • Benefits:
    • For the Employee: Provides peace of mind that the new job aligns with their visa status, reducing uncertainty before their next visa renewal.
    • For the New Employer: Offers confirmation that they can legally employ the foreign national for the intended role. It mitigates the risk of inadvertently hiring someone for activities outside their authorized scope.
    • Smoother Visa Renewals: Possessing this certificate significantly simplifies the subsequent application for Extension of Period of Stay (visa renewal), as the eligibility for the new role has already been favorably assessed by immigration authorities.
  • Timing of Application: It is advisable to apply for the Certificate of Authorized Employment after receiving a formal job offer from the new company, ideally before or shortly after commencing the new employment.
  • Is it Mandatory? While not always a mandatory step before starting a new job (employers might assess work eligibility based on the existing Residence Card and visa details), it is highly recommended, particularly if:
    • There's any ambiguity about whether the new job duties perfectly align with the current visa category.
    • The employee or employer seeks definitive, official confirmation from the immigration authorities.

The Certificate of Authorized Employment serves as a proactive measure to ensure compliance and facilitate future immigration procedures.

Visa Renewal (Extension of Period of Stay) After Changing Employers

When it's time to renew the visa (apply for an Extension of Period of Stay), the application will be evaluated based on the employment with the new company.

  • Increased Scrutiny: The documentation requirements will be more extensive than a straightforward renewal with the same employer. It will resemble an initial visa application in terms of the information needed from the new employer, such as their company registration, recent financial statements, the new employment contract, a detailed description of the employee's new role and responsibilities, and evidence of the company's stability.
  • Impact of Certificate of Authorized Employment: If one was obtained for the new role, it generally makes the renewal process smoother, as the substantive eligibility for the current employment has already been affirmed.

Scenario 2: New Job Requires a Different Visa Category

Sometimes, a new job opportunity involves duties that fall under a completely different status of residence category than the one the foreign national currently holds. For example, a language instructor ("Instructor" visa) might decide to establish their own language school, which would require a "Business Manager" visa.

"Change of Status of Residence" Application

In such cases, simply notifying immigration or obtaining a Certificate of Authorized Employment is insufficient. The employee must apply for and be granted a "Change of Status of Residence" (在留資格変更許可申請 - Zairyu Shikaku Henko Kyoka Shinsei) before they can legally begin performing the duties associated with the new visa category.

  • Process: This is a substantive application where the individual must demonstrate their eligibility for the new desired status of residence. This includes submitting all required documentation for that new category, such as proof of qualifications, details of the new activities, and information about the new sponsoring entity (if any).
  • Approval is Discretionary: The Minister of Justice grants the change only if there are "reasonable grounds to deem it appropriate" and all criteria for the new status are met. Approval is not automatic.
  • Timing and Commencement of New Activities: The application for a change of status can be made at any point while the current visa is valid. However, the crucial point is that the individual cannot legally start performing the activities associated with the new visa category until the Change of Status of Residence has been officially approved and their Residence Card updated accordingly. Prematurely starting the new role can be considered unauthorized activity.

Scenario 3: Internal Transfers Within the Same Company (Intra-Company Ido)

The phrase "intra-company transfer" can sometimes cause confusion. While the "Intra-company Transferee" visa is for bringing employees from overseas offices, foreign nationals already in Japan on a work visa (like GiHuman) can also experience internal transfers (異動 - ido) – moving to different roles, departments, or sometimes even different office locations within the same legal employing entity.

  • Notification: The 14-day notification of a change in "contracting organization" is generally not required for internal transfers within the same company, as the legal employer remains unchanged.
  • Continued Visa Validity: If an employee on a GiHuman visa is transferred internally and the new role's duties still clearly and unequivocally fall within the scope of activities permitted by their existing GiHuman visa category (e.g., an engineer moving to a different engineering project, or a marketing specialist moving to a different product line but still in a marketing specialist role), an immediate Change of Status of Residence application might not be necessary.
  • When to Exercise Caution:
    • Significant Change in Duties: If the new internal role involves a substantial shift in responsibilities that might arguably fall outside the original basis of their visa (even if still broadly "professional"), it's wise to be cautious. For example, if an engineer is moved into a role that is almost purely sales with little technical input, or a translator is moved into a high-level strategic planning role that resembles business management.
    • Impact on Renewal: Such significant internal changes, even if not immediately triggering a need for a status change, will be reviewed at the next visa renewal. The immigration authorities will assess if the current activities (in the new internal role) are appropriate for the visa being renewed.
    • Seeking Clarity: In cases of significant internal role changes, applying for a Certificate of Authorized Employment can provide clarity on whether the current visa still covers the new duties, or if a Change of Status of Residence application would be more appropriate.
  • Change to a Different Visa Category Internally: If an internal transfer involves a move to activities that unequivocally fall under a different visa category (e.g., an "Engineer" being promoted to a company director role that is primarily "Business Manager" activities), then a Change of Status of Residence application is necessary, just as it would be for an external job change.

Critical Considerations for Smooth Transitions

Several overarching factors are critical for both employees and employers during job transitions:

"Continuity of Activity" and Potential for Visa Cancellation

Japanese immigration law includes provisions for visa cancellation (在留資格取消制度 - Zairyu Shikaku Torikeshi Seido) if a foreign national is not genuinely engaging in the activities specified by their status of residence.

  • If an individual ceases their permitted activities for more than three months without a "justifiable reason" (e.g., illness, actively and demonstrably seeking new employment that aligns with their current visa category after leaving a previous job), their visa can be cancelled.
  • Amendments to the Immigration Control Act (effective from 2017) introduced an additional ground for cancellation: if a person holding a work-related status is found to be residing in Japan without performing their permitted activities and is engaging in, or intending to engage in, other unauthorized activities, their status can be cancelled even if less than three months have passed since ceasing the primary activity (unless a justifiable reason exists).
  • This underscores the importance for employees who have left one job to either promptly secure new, permissible employment and file necessary notifications, or to take steps to change their status of residence if their situation changes (e.g., deciding to study, start a business, or if they no longer intend to work).

Managing Periods of Unemployment

While a brief transitional period between jobs is usually understandable, a prolonged period of unemployment (several months) without actively and demonstrably seeking new employment that falls within the scope of the current visa can create significant problems. It can jeopardize a future visa renewal application or even lead to questions about the continuity of residence and potential visa cancellation. It is advisable to keep records of job-seeking activities during such periods.

Impact on Dependents

The immigration status of dependents (e.g., spouse and children on "Dependent" visas) is directly linked to the status of the principal visa holder. If the principal's work visa is not renewed, is cancelled, or if they depart Japan, the dependents' statuses will also be affected, typically requiring them to leave Japan unless they can secure an independent status of residence.

The New Employer's Role and Responsibilities

The prospective new employer plays a key part in a smooth transition. They must be prepared to:

  • Provide all necessary documentation to support the employee's application for a Certificate of Authorized Employment, Change of Status of Residence, or Extension of Period of Stay. This includes the employment contract, company registration and financial details, and a clear description of the job duties.
  • Ensure that the job offer and working conditions comply with Japanese labor laws and meet the remuneration standards required for the relevant visa category.

Conclusion: Proactive Management is Key

Changing jobs as a foreign national in Japan involves more than just professional considerations; it requires diligent attention to immigration procedures. Open communication, timely notifications to the Immigration Services Agency, and the strategic use of mechanisms like the Certificate of Authorized Employment are vital for ensuring compliance and a seamless transition. Both employees and employers share a responsibility to understand these rules to avoid potential pitfalls that could jeopardize the employee's ability to continue living and working in Japan. For complex situations or when in doubt, consulting with an immigration law specialist is always a prudent course of action.