What if a foreigner got fired? Precautions for Status of Residence (Visa)

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The increasing number of companies are considering the downsizing business and layoffs, due to the business deterioration caused by the COVID-19 pandemic and the state of emergency. As a result, the number of foreigners who have been fired and are looking for new jobs are also increasing.

You have to be well aware of your “Status of Residence (so-called VISA)” when you are dismissed. We’d like to explain here the procedure and points to take into consideration in regard to being fired and searching for a new position.

What necessary things are when you are fired

For status of residence of “Engineer/Specialist in Humanities/International Services” or “Skilled Labor”

Within 14 days of the expiration date of the employment contract, the “Notification of The Contracting organization” must be filed with the regional immigration bureau in your area to notify your resignation from work. (“Notification of The Accepting organization” for some status of residence.)

“Technical Intern Training ” status

Within 14 days of the termination date of your contract, you are required to file the “Notification of The Accepting organization” through the Supervising Body. You must confirm this with the training provider or the supervising body.

“Specified Skilled Worker” status

Within 14days of your dismissal date, you are required to report the termination of your contract by filing the “Notification of The Contracting organization” at the regional immigration bureau.

“Part time workers of foreign students and other status (including permanent residents and spouse of Japanese, spouse of permanent resident and long-term resident)

It is not necessary to report to the regional immigration bureau.

What you have to be aware of during searching a new job

You are able to search a new job until the expiration of your current staying permit in case of the termination or lay-off due to the employer reason (except the Technical Internship status). Also, you are allowed to work for 28 hours per week if you obtain a permit called “permit to engage in activity other than that permitted under the residency status previously granted”.

In case when you can not find another job before the expiration of your staying permit, you may be able to obtain an extension by applying the change of your status to the “Designated Activities (Job hunting)” to the regional immigration bureau. You will be granted a 6 month extension (may be re-extended if necessary). If you obtain the permit to engage in activity other than that permitted under the residency status previously granted, you can continue to work as a part time up to 28 hours per week.

What you have to be aware of when deciding your new job

Each status of residence specifies the kind of work you can and cannot engage. Therefore, you should seek a job permitted under your current status.

When you find a job in these areas, you must submit “Notification of The Contracting organization” or “Notification of The Accepting organization” to the regional immigration bureau within 14 days of consummation of the employment contract to report the beginning of your work.

There are cases where you better confirm that the new job at the new company is permitted your status of residence. It is recommendable to consult with the employer to apply for the issuance of the “Certificate of Authorized Employment” to confirm your eligibility.

When the job searching period shall be prolonged and your status has been changed to the “Designated Activities (Job hunting)”, you are required to change the status.

If you cannot find reemployment under your current status of residence

In case you can find a job within the following 14 special skills, you including the technical interns are able to work for up to one year by changing your status to the “Designated Activities” status with the purpose of learning the “technical skills.” (Some exceptions apply to manufacturing industry.)

For example, a technical intern who has been working at a construction company may be able to engage in farming work.

Immigration Services Agency is creating new rules to support foreigners in trouble, such as “can’t go back to my country”, relating to status of residence. Please feel free to consult with specialists like us.