Points when hiring foreigners | Apply for status of residence to administrative scrivener corporation Climb

When hiring a foreigner, there are various procedures and you have to prepare a large number of necessary documents.
Failure to complete the procedure may result in punishment, and incomplete documents may delay joining the company.
We will explain what kind of documents are required in what situation and at what timing.

Three points to check before hiring a foreigner

▼ Point 1: Are you likely to obtain a work visa?

In most cases, an interview or other employment test is conducted as a preliminary step to employment."Does the person you are going to interview have a work visa (or is expected to have one)?"You need to check.
This is because if a candidate passes an interview and other employment tests and is offered a job, but is unable to obtain a work visa and is unable to join the company, it would be a wasted cost in terms of both time and money for both the company and the interviewer.

In one actual case where a foreigner consulted Climb Legal Professional Corporation, he received a job offer from a company in Tokyo while studying at a local university in Japan, but dropped out in the middle of his fourth year and moved to Tokyo. When he tried to change his residence status to "Engineer/Specialist in Humanities/International Services," he was unable to contact the company and was at a loss as to what to do.
This foreigner only had a high school diploma in his home country and graduated from a Japanese language school in Japan before entering a local university in Japan and then dropping out, so he did not have the necessary degree to change to "Engineer/Specialist in Humanities/International Services."
As a result, this foreign national now has no way to obtain the "Engineering/Specialist in Humanities/International Services" qualification unless he or she returns to school.

I don't know whether the company had knowledge about residence status, but it's likely that this problem could have been prevented if they had known about it.
The foreigner himself lacked knowledge about residence status and to some extent brought it upon himself, but there is no doubt that this company has caused great damage to one person's future.
This is not just a matter of cost, so I think it is necessary for both parties to acquire the appropriate knowledge to prevent this from happening again.

▼ Point 2: Which status of residence does the position apply to?

As of April 2021, if you want to stay in Japan for a certain period of time or longer, you need to obtain one of "11 types of status of residence" and "25 types of status of residence".
If you want to work for a company in Japan, you need to apply for the status of residence that corresponds to the hiring position from the 29 types of status of residence. If you confirm in advance whether it is okay, the application will proceed smoothly.

The status of residence is given according to the content of the work.
Therefore, while companies of a certain size have multiple job types, there are risks in casually transferring employees to other positions.

Those who have graduated from university (with a degree) and obtained a residence status of Engineer, Specialist in Humanities, or International Services can work in a number of different occupations, so there is a possibility that they may be able to be transferred at the same time, but those who have graduated from a vocational school (with a specialist qualification) are a different story.
In the case of university graduates, the relationship between their major and the job content is relatively loose,If you have graduated from a vocational school, you will not be granted a residence permit unless the content you learn matches the curriculum of that school.
Of course, if your field of study is technical, humanities, or international business, even if it matches your major,Field work, simple labor, and skilled jobs are not allowed..
Therefore, it can be said that general positions, which are common in Japanese companies, do not suit foreigners' residence status.

Even if a foreign national has an Engineer/Specialist in Humanities/International Services visa, if there is a possibility of the foreign national being transferred to another position after joining the company, it is necessary to carefully consider what types of positions are available and whether the foreign national's career history would allow for such a transfer before hiring him/her.

▼ Point 3: Where do the prospective employees currently live?

If the prospective hire is abroad, you will need to proceed with the application procedure for status of residence at the Immigration Bureau.
On the other hand, domestic residents already have a status of residence, so you can proceed with hiring by following the procedures for renewing your period of stay or changing your status of residence.

When hiring foreigners in Japan

In Japan, foreigners are not allowed to engage in any activities other than those permitted by their residence status.
therefore,The business content and the activity content specified in the status of residence matchMust be.
For example, if you are hiring as an office worker, you need to have the qualification of "technical / humanistic knowledge / international work", and if you are a long-term care worker, you need to have the qualification of "nursing care".

When applying for a foreigner residing abroad, the person in charge of the company you normally hire will act as an agent to apply.
In this case, the application must be made at the Immigration Bureau that has jurisdiction over the agent's address or the company's address.
On the other hand, in the case of a foreigner residing in Japan, the application is basically made by the person himself / herself, and the application destination is basically the Immigration Bureau of Japan, which has jurisdiction over the person's address.
However, currently, applications can also be submitted at the Immigration Bureau that has jurisdiction over the address of the workplace to which the foreign national will be assigned or the address of the head office or other human resources department.

[List of confirmation documents]

• ·Residence card
• · Passport (passport)
• ・ Expected graduation or graduation certificate * When hiring international students

By any chance,If you have engaged in activities outside the scope of your residence statusIsViolation of activities outside the status of qualificationAsThe offender may be sentenced to imprisonment of up to three years or a fine of up to 3 million yen, or both.
Similarly, if you hire illegal immigrantsIllegal labor promotion crimeAs you may be subject to punishment, careful checking is required when hiring.

The key points to check when checking your residence status on your residence card are listed in the center"Type of status of residence"と"Whether or not there are work restrictions".
And, be sure toCheck the originalAnd furtherPlease keep a record of your findings as evidence.

In recent years, there have been many counterfeit residence cards on the market, partly because they can be purchased for as little as 5,000 yen.
And since many of these counterfeit residence cards are made based on genuine information, the residence card numbers and other information are still valid.
Therefore, it is difficult to tell whether it is genuine or fake.
But what is important for a company isWhether you are doing what you need to check.
It is inevitable that you may not be able to tell whether a card is real or fake, but whether or not the company has checked the residence card will determine the level of responsibility it bears when a problem occurs.

One of our clients has had a case where a foreigner they had hired unknowingly with a fake residence card was caught by the police. However, the evidence of the residence card was disclosed, and the police's impression of the person and the situation thereafter were both favorable.
In another case, a foreigner had the appropriate residence status when he was first hired, but neglected to renew his residence status, and thus lost his residence status. However, he lied to the company and told them he had renewed it, and the company did not check the original residence card, leading to his arrest by the police.
Appropriately manage the period of stay and residence cardThat is a necessary requirement for companies that employ foreigners.

If you wish to engage in activities other than those stated on your residence card, you will need to apply for a change of residence status or permission to engage in activities other than those stated on your residence card.
For example, if you hire an international student, their residence status will be "study abroad" and they will not be able to work as is.
However, you can work up to 28 hours a week with permission for non-qualified activities. (Excluding engagement in customs business)

On the other hand, the following four residence statuses have no restrictions on activities and allow foreigners to work in any occupation, just like Japanese nationals, as long as they do not violate the law.

• ・ Permanent resident (foreigner who has obtained permanent residence)
• ・ Spouse of permanent resident (including children born or resident in Japan)
• ・ Japanese spouse, etc. (including real children and special adopted children)
• ・ Residents (Japanese-American or foreign spouse's stepchildren, etc.)

▼ Document procedures to be completed before joining the company

■ Confirm the type of residence status you currently hold

If you are hiring a foreigner who holds a residence card, check the type of status of residence.
If your business and the status of residence you currently hold are different, you will need to change your status of residence.

■ How to change your status of residence

For example, when hiring a foreign student studying abroad in Japan, it is necessary to switch from the status of residence of study abroad to the status of residence of employment.
As a general rule, the international student himself / herself will carry out the change procedure, but it is advisable for the company to prepare some materials.

<Required documents prepared by the company>

• ・ Copy of employment contract
• ・ A copy of the company's register and financial statements
• ・ Pamphlets such as company information
• ・ Employment reason book

<Required documents prepared by students>

• ・ Passport, residence card
• ・ Application for permission to change status of residence
• ·resume
• ・Reason for application
• ・ Graduation certificate or graduation prospect

■ How to apply for a status of residence, period, place of application, etc.

This is the place to apply, but you can do so at the Regional Immigration Bureau or the Foreign Resident Information Center.
It usually takes about two weeks to a month to complete the process.
If your residence status expires during your application, you will be able to continue to stay in Japan with that status for two months from the expiration date.
Be sure to check the expiration date of your residence status and begin the procedures as soon as possible.

When hiring foreigners abroad

As a general rule, you may not be able to qualify for residence unless you have a certain number of years of work experience in a university graduate or related occupation.
First, let's check the following.

▼ Documents required for application

■ Verification documents (before job offer)

• ・ University graduation certificate
• ·Curriculum vitae

■ Documents required for visa application (after receiving a job offer)

<Required documents prepared by the company>

• ·employment agreement
• ・ Certificate of all matters (corporate copy)
• ・ Copy of financial report
• ・ Pamphlets such as company information
• ・ Company photo * Optional
• ・ Employment reason book ※ Optional

<Required documents prepared by students>

• ・ Graduation certificate or graduation prospect
• ·passport
• ・ Certificate of passing the Japanese test * Optional
• ・ Police certificate * Optional

You may think that it takes more time to apply than a foreigner living in Japan, but you can also check if you are an illegal resident, so you can proceed with the procedure for obtaining a status of residence with confidence.
However, the period until a residence application is accepted can vary widely, from one month to one year, depending on the size of the company applying and the applicant's educational and work history.
Let's keep in mind the early application procedure.

■ How to apply for a status of residence, period, place of application, etc.

You can ask an administrative scrivener for applications and procedures to the Immigration Bureau.
Application The application period varies depending on the type of status of residence and the size of the company.
It cannot be said unconditionally how long it will take to apply.
Permits may be granted over the course of a year, or it may be a week.

■ Documents required other than visa application

In principle, there is no problem if you proceed with the joining procedure in the same way as Japanese people.
Please proceed with employment insurance, social insurance, residence tax and income tax procedures, and opening a bank account.
However, because it is a foreigner, it may take longer than usual for the application to be accepted.
By preparing in advance, you will be able to reach the hire date with peace of mind.

Because companies are slow to prepare and take time to process visa applications, many foreigners become distrustful of the companies and end up declining job offers.
As long as you want to stay in Japan, visa (status of residence) is a big problem for foreigners.
In particular, companies that are not accustomed to hiring foreigners often take a long time to apply, but it is important to apply as soon as possible.

■ Resident registration

Of course, a place of residence is required to hire foreigners living abroad and have them come to Japan.
Let's support you to decide your place of residence while listening to your wishes.
Once you have decided on your place of residence, you will need to register as a resident.
Resident registration can be done at the municipal office that has jurisdiction over the address of the place of residence.Performed by the resident within 14 days after entering JapanThere is a need.
If you are unsure about registering by yourself, we will provide support with the registration process.

Resident registration is also required to open a bank account to receive salary, which was introduced as a necessary document other than visa application above.
Also, if you register as a resident, your place of residence will be listed on your residence card, so you will not need to carry your passport.

■ Confirm the type of residence status you currently hold

If you are hiring a foreigner who holds a residence card, check the type of status of residence.
If your business and the status of residence you currently hold are different, you will need to change your status of residence.

■ How to change your status of residence

For example, when hiring a foreign student studying abroad in Japan, it is necessary to switch from the status of residence of study abroad to the status of residence of employment.
As a general rule, the international student himself / herself will carry out the change procedure, but it is advisable for the company to prepare some materials.

Three points to do after joining the company

▼ Point 1: Submit a notification of employment of foreign nationals to Hello Work

If you are insured by employment insurance,Notification of qualification for employment insurance insuredIn the remarks column of ", it is necessary to describe the nationality, region, status of residence, type of status of residence, whether or not there is permission outside the qualification activity, etc., and submit a notification to Hello Work.
This is a document required to be submitted to the Immigration Bureau and under the Employment Measures Act, so don't forget to apply.

▼ Point 2: Renewal of status of residence

Let's take "Technology / Humanities / International Business", which has a large number of applications for work visas, as an example.
The validity period of a visa varies from person to person, ranging from one year to three years to five years, but if you forget to renew your visa and continue working after your residence status has expired, it is not uncommon for you to be considered an illegal resident and be fined by the country.
Renewal can be applied for up to three months before the expiration date..
It takes about one month to reapply, so you should start the reapplication process at the Immigration Bureau at least two months before your visa expires.
However, as mentioned above, if there are any changes to your activities, you will need to reapply with the appropriate residence status that corresponds to your activities.

<List of documents required for reapplication>

• ・ Application documents for permission to renew the period of stay
• ·passport
• ·Residence card
• ・ A copy of the certificate of employment and employment contract
• ・ Certificate of residence tax

▼ Point 3: Creating an employment contract

Discuss conditions such as salary after joining the company with the hired foreigner and exchange an employment contract.
In some cases, the employment contract may be postponed for Japanese workers, but for foreign workers, it is recommended to complete it before joining the company.

It depends on the country, but the reason is that many foreign countries place more importance on written contracts than Japan does.
In addition, since it may cause troubles due to difficulty in communicating with foreign workers, it is advantageous to exchange an employment contract in order to prevent it in advance.
It should be noted that exchanging employment contracts, etc. with workers is not possible.Corporate obligationsIt is said that the company is responsible for any trouble caused by not distributing the employment contract etc. to the workers.
Employment contract is separate from JapaneseCreate a translation into English or the native language of a foreign worker and distribute bothIs recommended.

Support available in foreign employment procedures

The procedure for hiring a foreigner is more complicated than hiring a Japanese person, and if you are not accustomed to it, you may make mistakes.
Below, we will introduce the support that can be used during the procedure.

■ Foreign Employment Management Advisor System

This is one of the measures taken by the Ministry of Health, Labor and Welfare to hire foreigners.
You can consult with us about various problems, such as procedures and management of employment of foreigners, and work life after hiring, free of charge.
Foreign employment management advisors are set up in each prefecture, so you can dispatch an advisor by consulting with the nearest Hello Work office.

■ Foreigner recruitment support services

Some of the support services for hiring foreigners provide total support for procedures, preparation of necessary documents, and advice.
For example,bridgersAt, we can provide total support from visa application to employment, such as consultation desks for labor and social security attorneys and acting on behalf of various procedures.

■ Administrative scrivener

Various procedures that must be performed by the Immigration Bureau, such as renewal or change of status of residence, application for permanent residence, application for re-entry permit, application for permission for activities outside the status of residence, etc., are applied on behalf of the foreigner who is the applicant. You can ask the "application agency administrative scrivener" who is recognized as.
Since the hired foreigners do not have to go to the Immigration Bureau, the company will support the request to the administrative scrivener, which will lead to smooth employment.
You can also request an administrative scrivener to translate resumes, employment certificates, etc. into Japanese, create employment contracts, and legally check employment contracts.

Click here to request an advisory contract with our office

Summary

If you live abroad, you need to apply for a work visa, which takes time and effort.
It is a good idea to use a visa application agency service and proceed with the procedure to ensure that you are permitted.
Even when hiring domestic residents, it is necessary to check the type of status of residence and the timing of renewal, so be careful.
Regardless of whether the person lives in Japan or overseas, be sure to check in advance before hiring and make preparations to ensure a successful joining and employment process.