Points to keep in mind when hiring foreigners | To apply for a status of residence, go to the administrative scrivener corporation Climb - For visa applications, go to the administrative scrivener corporation Climb in Takadanobaba, Tokyo!

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 XNUMX: Is there a prospect of getting a work visa?
In most cases, a recruitment test such as an interview is conducted as a preliminary step to recruitment.
before that"Does the interviewee have a work visa (is there a prospect of getting one)?You need to confirm.
The reason is that although I passed the employment examination such as an interview and gave an offer, I could not get a work visa and did not join the company, so for both the company side and the interviewer, both in terms of time and cost. This is a wasteful cost.

In the case where a foreigner consulted with the administrative scrivener corporation Climb, I was able to get a job offer from a company in Tokyo while attending a local university in Japan.・ When I tried to change to "humanities knowledge / international business", there was a case where I was at a loss because I could not contact the company.
This foreigner has a high school diploma in his home country, and after graduating from a Japanese language school in Japan, he entered a local university in Japan and dropped out, so he does not have the necessary degree to change to technical, humanistic knowledge, or international affairs.
Therefore, the means for this foreigner to acquire technology, humanities knowledge, and international affairs has disappeared unless he / she can return to school.

I don't know if the company had knowledge of status of residence, but I think it was a problem that could have been prevented if it had knowledge.
This foreigner was also considering making a claim for damages, but this foreigner himself lacks knowledge about the status of residence and has some aspects of self-employment, but at least this company is big for the future of one person. There is no doubt that it did damage.
This is not a costly level, so I think it is necessary for both parties to obtain appropriate knowledge so that this does not happen.

▼ Point 2: Which status of residence the hiring position corresponds 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, a company of a certain size has multiple occupations, but it is risky to easily relocate.

Those who have obtained the status of residence of technology, humanities knowledge, and international affairs after graduating from university (with a degree) can take up a certain number of occupations, so it may be possible to relocate at the same time, but graduated from a vocational school (a bachelor's degree). The story is different if you are a qualified person.
Even at a university, the relationship between the major and the work content is required when applying for a visa, but the relationship is relatively loose.
HoweverIf you graduate from a vocational school, you will not be granted a status of residence unless it matches what you learned in the curriculum of that vocational school.It is
Of course, if it is technical, humanities knowledge, or international work, on-site work, unskilled labor, or skilled work is not possible even if it matches the major.
Therefore, it can be said that the general employment that is common in Japanese companies does not meet the status of residence of foreigners.

Even if you have the status of residence of technology, humanities knowledge, and international affairs, what kind of job you can have if you are planning to relocate after joining the company, there is no problem with the relocation depending on the background of the foreigner. It is necessary to carefully consider whether to adopt it..

▼ Point 3: Where do the prospective hires 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, you can only carry out activities other than the status of residence you hold.
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 that case, apply at the Immigration Bureau of Japan, which has jurisdiction over the address of the agent or the address of the company.
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, it is currently permitted to apply at the Immigration Bureau of Japan, which has jurisdiction over the address of the place of work to which the foreigner is assigned or the address of the department that conducts personnel affairs such as the head office..

[List of confirmation documents]
·Residence card
· Passport (passport)
・ Expected graduation or graduation certificate * When hiring international students

By any chance,If you engage in activities outside the scope of your status of residence,Violation of activities outside the status of qualificationYou will be sentenced to imprisonment of up to 3 years or a fine of up to 300 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 when confirming your status of residence with your residence card are the "type of status of residence" and "presence or absence of work restrictions" listed in the center.
AndBe sure to check the original and leave the further confirmation as evidence..
In recent years, many counterfeit residence cards have been on the market. It may be a factor that you can purchase from about 5,000 yen.

And since many of these counterfeit residence cards are created based on genuine information, the residence card numbers etc. are alive.
Therefore, it is difficult to tell whether it is genuine or fake.
But what is important as a company isWhether you are doing what you need to check.
It is unavoidable that you cannot see through, but depending on whether or not you confirm it as a corporate responsibility to some extent, the magnitude of responsibility when a problem occurs will differ.

When a foreigner who was hired without knowing that it was a forged residence card was caught by the police, even our adviser disclosed the evidence that confirmed the residence card, so the police's feelings and the situation after that were good. I have.
Also, in different cases, although they had an appropriate status of residence when they first joined the company, foreigners neglected to renew their period of stay and lost their status of residence, but they lied to the company that they were able to renew it. In some cases, the police caught him because he did not confirm the original residence card.
Appropriately manage the period of stay and residence cardThat is a necessary requirement for companies that employ foreigners.

If you wish to carry out any work other than those listed here, you will need to apply for a change of status of residence or permission for activities outside the status of residence at any time.
If you are hiring an international student, your status of residence is "College Student" and you cannot work as it is.
However, you can work up to 28 hours a week with permission for non-qualified activities. (Excluding engagement in customs business)

However, the following four statuses of residence have no restrictions on activities, and you can work in any occupation as long as you 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]

・ Confirmation of the type of status of residence currently held
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>
In addition to these, students will be required to prepare and submit a passport, residence card, application for permission to change status of residence, resume, reason for application, graduation certificate or graduation prospect, and the application procedure will be completed.

・ How to apply for 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 generally takes about two weeks to a month to complete the procedure.

Even if the period of stay of the status of residence expires during the application, it is possible to continue to stay in Japan with the status of residence for two months from the expiration date of the period of stay or until the result is obtained, whichever is shorter. I am.
Check the expiration date of your status of residence and proceed with the procedure 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.

[List of confirmation documents (before informal decision)]
　・ University graduation certificate
·Curriculum vitae

[Required documents for visa application (after 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, depending on the size of the company applying and the educational background and work history of the person, the period until the application for residence is accepted varies considerably from one month to one year.
Let's keep in mind the early application procedure.

・ How to apply for 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.

・ Required documents 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.
Many foreigners decline their job offer due to distrust of the company due to the slow preparation of the company and the difficulty in getting a visa application.
As long as you want to stay in Japan, visa (status of residence) is a big problem for foreigners.
Especially for companies that are not accustomed to hiring foreigners, it often takes 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 worried about registering by yourself, we will also support registration.

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, you will be asked to write your place of residence on your residence card, so you do not need to carry your passport with you..

Confirmation of the type of status of residence currently held

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.

Three points to do after joining the company

▼ Point XNUMX:Submit foreign employment notification 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.
Don't forget to apply as it will be a submission stipulated by the Immigration Bureau and the Employment Measures Law..

▼ Point XNUMX:Procedure for renewing status of residence
Let's take "Technology / Humanities / International Business", which has a large number of applications for work visas, as an example.

The visa expiration date varies depending on the person, such as 1 year, 3 years, and 5 years, but if you forget the renewal timing and continue working with the status of residence expired, it will be considered as an illegal stay and a fine from the country It is not uncommon to be charged.
You can apply for renewal from XNUMX months before the expiration date.
It takes about a month to reapply, so please proceed to the Immigration Bureau at the latest two months before the expiration date.

However, as mentioned above, if there is a change in the activity content, you will need to reapply with the appropriate status of residence corresponding to the activity..

▽ 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 XNUMX: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.

One reason is that, depending on the country, many foreign countries place more importance on documentary contracts than Japan.
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.

・ Foreign recruitment support service
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 you live in Japan or abroad, be sure to check in advance before hiring and be prepared to join or hire safely..

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