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IMPACT – MEDIUM
What is the change? Immigration authorities have begun requesting detailed information from foreign nationals seeking to obtain residence to work status while in Japan on temporary visitor status, especially when changing their status from a Certificate of Eligibility (CoE).
What does the change mean? Employers should take note of this increased scrutiny and consider the risks of having assignees apply for status of residence to work while visiting Japan before they have completed the normal steps in the application process.
Background: Normally, employers and foreign nationals must complete three steps when applying for a work permit in Japan. Those steps are:
Occasionally, assignees who are visiting Japan for business, to search for housing or for other reasons, are able to obtain a status of residence to work by applying as a temporary visitor for a change of status, provided the CoE is issued during their stay. Authorities have begun scrutinizing these applications closely, asking for detailed explanations as to why assignees in these cases are applying directly for a work permit without completing the normal steps. Some immigration offices have been refusing to accept these cases and will not proceed with processing if the CoE was issued before the visit. Officials say that if the CoE was issued before traveling to Japan, applicants should not skip Steps 2 and 3 before applying for residence to work.
Analysis & Comments: The increased scrutiny suggests that authorities may become stricter about applicants applying for change of status to obtain a work permit when in Japan as temporary visitors. Assignees will likely be required to show that they have a justifiable reason for skipping the normal steps and that they cannot avoid applying for a work permit with only the CoE. Employers are encouraged to work closely with Deloitte to determine the best options for visitors applying for work permits.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
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