Clarification of Residence Status for International Students Seeking Employment in Cool Japan-Related Areas

 

Immigration Bureau

Ministry of Justice

 

September 2017

 

Overseas interest in Japanese content has increased with the Cool Japan promotional campaign aimed at communicating the appeal of Japan to the world, and international students have come to Japan to study Japanese anime, fashion, design, and cuisine. In an effort to make the process of determining status of residence for these students when they wish to remain in Japan to work both clearer and more transparent, the Immigration Bureau provides the following rationale concerning corresponding residence statuses as well as specific examples when permission is granted and when it is not with a view to making the process more predictable for the applicant.

 

1. Residence Status and Corresponding Activities

 

Generally, when foreigners graduate from Japanese universities or professional training colleges (restricted to graduates of professional training colleges who have been awarded a diploma or advanced diploma) after taking Japanese anime, fashion, or design-related subjects and then wish to use that knowledge to work at a Japanese company, they are evaluated for their eligibility for the Specialist in Humanities/International Services residence status, as specified in Appended Table I (2) of the Immigration Control and Refugee Recognition Act. (Cabinet Order No. 319 of 1951. Hereinafter referred to as the “Immigration Act.”)

 

Activities appropriate under the corresponding residence status have been specified as “activities to engage in services which require specialized skills or knowledge pertinent to the fields of physical science, engineering or other natural science fields or to the fields of jurisprudence, economics, sociology or other humanities fields based on a contract entered into with a public or private organization in Japan.” Although specific examples are provided in section 2 below, such activities are assumed to require a certain level of specialized skills and knowledge stemming from an academic background. Skills and knowledge acquired solely through experience would be insufficient, and the activities must require academic and systematic skills and knowledge

 

Furthermore, whether the activities the applicant wishes to pursue correspond to the residence status set forth under the Immigration Act will be determined based on the applicant’s activities over the course of the entire period of stay in Japan. Applicants may therefore receive permission to change their residence status, even if such work is only temporary and does not correspond to the activities listed above, provided such activities are part of training at a company and do not account for the majority of the applicant’s period of stay. (Please refer to examples where permission has been granted in section 2, items (3), (7), and (12) below.) In such cases, applicants may be asked to submit documentation pertaining to the career path for employees at the company in question (including Japanese employees) as well as a concrete description of the applicant’s job at each stage.

 

Regarding employment in the food fields, foreigners wishing to work as a Japanese cuisine chef who are eligible for the Professional Training Program for the Promotion of Japanese Cuisine Oversees operated by the Ministry of Agriculture, Forestry and Fisheries may also be able to receive approval to work under the Designated Activities residence status, in addition to the Specialist in Humanities/International Services residence status described above depending on the details of the work they will perform. (Reference: http://www.maff.go.jp/j/shokusan/gaisyoku/ikusei/) Moreover, foreigners who wish to work as a chef preparing non-Japanese cuisine will be evaluated for the residence status of Skilled Labor.

 

Note: Please refer to Guidelines for Permission for Change of Status of Residence and Extension for a better understanding of the general thinking when changing status of residence. Also, please refer to Guidelines for Permission for Change of Status of Residence from College Student to Specialist in Humanities/International Services for a better understanding of the general thinking when changing status of residence from College Student to Specialist in Humanities/International Services.

 

References:

http://www.moj.go.jp/nyuukokukanri/kouhou/nyuukokukanri07_00058.html

http://www.moj.go.jp/nyuukokukanri/kouhou/nyuukokukanri07_00091.html

 

2. Specific Examples

 

○ Examples of Cases Where Permission Has Been Granted

 

Animation Field

 

(1) A foreigner graduates from the manga or animation department at a Japanese professional training college and is awarded a diploma. The foreigner pursues game development work, such as character design, at a company engaged in computer-related services.

 

(2) A foreigner graduates from the manga or animation department at a Japanese professional training college and is awarded a diploma. The foreigner pursues independent production activities, such as storyboard production or keyframe creation, at an animation production company.

 

(3) A foreigner graduates from the manga or animation department at a Japanese professional training college and is awarded a diploma. After coloring backgrounds under the guidance of coworkers for the first six months or so of working at an animation production company, the foreigner pursues independent production activities such as storyboard production or key frame creation.

 

Fashion and Design Fields

 

(4) A foreigner graduates from the design department at a Japanese professional training college and is awarded a diploma. The foreigner pursues production work as a designer in a design office.

 

(5) A foreigner graduates from the engineering department of a university and pursues automotive design-related work as a car designer at an automobile manufacturer.

 

(6) A foreigner graduates from the design department at a Japanese professional training college and is awarded a diploma. The foreigner engages in product sales promotion planning or product display design work as a fashion coordinator at a company engaged in the apparel industry.

 

(7) A foreigner graduates from the design department at a Japanese professional training college and is awarded a diploma. The foreigner pursues overseas public relations work in the head office of a company engaged in the apparel industry following three months of customer service and sales training on-site at several retail shops in Japan after being hired to do overseas public relations work.

 

(8) A foreigner graduates from the design department at a Japanese professional training college and is awarded a diploma. The foreigner pursues production activities which partially involve production process work such as cutting and sewing as a pattern maker at a company engaged in the apparel industry.

 

Beauty Field

 

(9) A foreigner graduates from a beauty-related postsecondary course at a Japanese professional training college and is awarded a diploma. The foreigner engages in planning and management to prepare for overseas expansion at a cosmetics company planning to branch out overseas.

 

(10) A foreigner graduates from a beauty-related postsecondary course at a Japanese professional training college and is awarded a diploma. The foreigner engages in product development as well as sales and marketing for products such as wigs and hair extensions.

 

Food Field

 

(11) A foreigner graduates from a nutrition management-related course at a Japanese professional training college and receives a diploma. The foreigner engages in research and development at a food company.

 

(12) A foreigner graduates from a business administration-related course at a Japanese professional training college and is awarded a diploma. The foreigner engages in overseas expansion work in the head office of a restaurant chain following two months of classroom training as well as three months of customer service and sales training on-site at several retail shops in Japan after being hired as a professional involved in overseas expansion work.

 

(13) Foreigners who acquire eligibility to receive the Chef License at a Japanese chef training facility who become eligible for the Professional Training Program for the Promotion of Japanese Cuisine Oversees operated by the Ministry of Agriculture, Forestry and Fisheries who engages in the preparation of Japanese cuisine who possess 5-years of cooking-related skills.

 

(14) The person with French citizenship engages in the preparation of Italian cuisine in Japan after working for ten years as an Italian chef in Germany.

 

○ Examples of Cases Where Permission Has Not Been Granted

 

Animation Field

 

(1) A foreigner graduates from the manga or animation department at a Japanese professional training college and is awarded a diploma. The foreigner engages only in assistive work such as coloring backgrounds and is not involved in independent production activities at an animation production company.

 

Fashion and Design Fields

 

(2) A foreigner graduates from the design department at a Japanese professional training college and is awarded a diploma. The foreigner pursues production process work such as cutting and sewing and is not involved in independent production activities at a company engaged in the apparel industry.

 

(3) A foreigner graduates from the design department at a Japanese professional training college and is awarded a diploma. The foreigner performs customer service and sales work exclusively in the store of a company engaged in the apparel industry.

 

(4) A foreigner graduates from a Japanese professional training college after studying mainly bookkeeping and is awarded a diploma. The foreigner engages exclusively in sales work in a clothing store.

 

Beauty Field

 

(5) A foreigner graduates from the beauty department at a Japanese professional training college and is awarded a diploma. The foreigner works as a beautician or a manicurist.

 

(6) A foreigner graduates from the beauty department of a professional training college and is awarded a diploma. The foreigner is hired by a cosmetics company planning to expand overseas. An application is made for one year of classroom instruction as well as on-site training for planning and management work to plan for the overseas expansion at the company. However, an investigation reveals that in reality the company has planned to have the foreigner engage in sales and customer service work over the course of one year while changing stores under the pretext of on-site training, compared with on-site training for Japanese employees performing the same work at the same company ending after four months.

 

Food Field

 

(7) A foreigner graduates from the business administration department of a professional training college and is awarded a diploma. An application is made for the foreigner, who plans to stay in Japan for three years, to engage in overseas expansion-related work at a restaurant chain. However, an investigation reveals that in reality the company plans to have the foreigner work in restaurants performing cooking and customer service work under the pretext of on-site training for a period of two years after joining the company.