When we receive inquiries from foreign nationals living in Japan who wish to change jobs for some reason, we are often surprised to hear that they do not have their residence cards in hand.
Necessary immigration-related procedures before and after changing jobs
Below are the immigration-related procedures you should keep in mind when changing jobs. (〇: Required, △: Desirable)
- 〇After retiring, submit a notification of retirement to the Immigration Services Agency (referred to as notification procedures regarding affiliated institutions, etc.).
- 〇After joining the company, report your joining to the Immigration Services Agency (same as above)
- △Application for issuance of employment qualification certificate
Steps 1 and 2 above can be done at the same time, and the forms, including the forms, are posted on the Immigration Agency’s website. In addition, these notifications must be made within 14 days of the fact.
(Please refer to this blog’s post “Employment Qualification Certificate” for information on why it is better to do step 3.)
When we are requested to complete these procedures, we must attach a copy of the foreign national’s residence card and fill out the notification form exactly as written on the card, so we need to get him/her to send a copy of his/her residence card to us. Sometimes we are told to wait a moment because he/she doesn’t have it on hand.
What happens if you don’t have your residence card with you?
If it is discovered that you are not carrying your residence card during a police officer’s questioning, you may be subject to criminal penalties of up to 200,000 yen (Article 75-3 of the Immigration Control Act).
If a criminal penalty is imposed, not only will you be disadvantaged by the fine itself, but you will also have a criminal record, which will put you at a huge disadvantage when applying for a subsequent extension of your period of stay or change of status of residence. (Rejection, or even if permission is granted, the period will be shortened, etc.)
Why do people not carry their residence cards with them?
As is well known, the unstoppable number of disappearing technical intern trainees (trends in the number of missing technical intern trainees) is one of the biggest problems for Japan’s immigration administration. For this reason, the technical intern training system has been abolished, and a “developmental employment” system that would ease job change restrictions is being discussed in the Diet.
Of course, the reason for not carrying a residence card is that the foreigner is careless and does not carry it or loses it, but the trainee (employer) or the supervising organization may want to keep your residence card and passport in order to prevent disappearing.
(In terms of technical intern training, this is planned by the law (Technical Intern Training Act), which prohibits supervising organizations from keeping residence cards, and the penalty for violation is six months or less. This will result in imprisonment or a fine of up to 300,000 yen (Articles 48 and 111 of the Technical Intern Training Act).
In order to prevent not only technical intern trainees but also employed foreigners from disappearing, it appears that residence cards are kept in custody.
Summary
For foreigners
Cases in which you may leave your residence card with someone else are when applying for permission to extend your period of stay or change your status of residence, and in the following cases.
- If you are requesting your company, lawyer, or administrative scrivener to apply, and he/she is submitting the application in writing at the Immigration Bureau (he/she needs to present your residence card at the time of application. Please note that if the application is done via online, there is no need to present it.)
- When requesting a lawyer or administrative scrivener to receive a new residence card after permission has been granted
As mentioned above, it is illegal to not carry your residence card, so in the former case, be sure to obtain a receipt from the person making the request. In the latter case, you are also required to submit a written request from the applicant to the Immigration Bureau.
Do not leave your residence card with anyone (including your employer) except at the timings listed above.
For employers, technical training supervising organizations, and specified skill registration support organizations
As stated, keeping a residence card is prohibited by law (Technical Intern Training Act) if the foreigner’s residence status is technical intern, and if the foreigner’s residence status is other than that, though it is not a clearly stated in the law, the act of keeping it in custody itself creates an illegal situation for foreigners.
If this fact becomes known to the Immigration Bureau, it may be seen as an undesirable accepting organization, and you may be placed in a disadvantageous position in various subsequent examinations, so please avoid keeping employees’ residence card in custody for any other reason than when renewing or changing status of residence temporarily.