Introduction
In recent years, the number of foreign nationals residing and working in Japan with the “Specified Skilled Worker” status has increased. Many worry if having a history of dismissal due to company reasons makes it harder to change to or renew this residential status. This blog explains, from the perspective of a certified administrative scrivener, how employer-initiated dismissal affects changing or renewing “Specified Skilled Worker” status, based on the latest rules and precautions.
What is “Specified Skilled Worker”?
The “Specified Skilled Worker” status allows foreign nationals with certain skills to work in industries facing labor shortages. There are two types: No.1 (up to 5 years in total) and No.2 (no period limitation for advanced skills). For details, see the Immigration Services Agency of Japan.
Facts and Key Institutional Points about Dismissal Due to Company Reasons
Specified Skilled Workers are protected by Japanese labor law. Dismissals for company reasons (such as business downturns or restructuring) require “inevitable circumstances” under the law. Dismissal because of pregnancy, nationality, or belief is strictly prohibited. If dismissal reasons and procedures are inappropriate, consult the Labor Standards Inspection Office or the Immigration Services Agency of Japan.
How History of Dismissal Affects Status Change or Renewal
Basic Principles
Under the Immigration Control Act, the “actual activities” and continuity of the contract are critical for status. When applying to change or renew status, authorities examine whether you are engaged in activities conforming to your status and if the new employment contract meets institutional requirements.
Even if you are dismissed for company reasons:
- Whether the dismissal was proper and in accordance with the law
- Whether you promptly secure a new receiving organization and complete proper reemployment procedures
- Whether your residence activities are resumed reasonably, typically within 3 months after dismissal
These points are comprehensively considered. If you cannot find a new job immediately, you can use public job centers (Hello Work) and may change status to “Designated Activities (Job-Seeking)” to continue your stay in Japan.
Impact on Status Change or Renewal
- If the dismissal was for valid reasons, having such a history alone does not immediately make you ineligible for changing to or renewing “Specified Skilled Worker” status.
- What matters is your intention to continue working and your activities during the unemployment period.
- However, repeated dismissals or dismissals for serious disciplinary reasons are a negative factor in immigration review.
- Lying about dismissal or falsifying your resume has severe consequences and must be avoided.
Procedures and Points to Note after Dismissal
- After being dismissed, you must notify the Immigration Services Agency within 14 days.
- If reemployed, promptly file change or renewal of residence status with the new employment contract and required forms.
- If you cannot find work soon, use public job services and consider changing to “Designated Activities (Job-Seeking)” status to continue job hunting.
- State reasons for dismissal and work history accurately in all application documents.
Example Case
Mr. A from the Philippines (male, 30s) came to Japan as a Specified Skilled Worker in construction. Due to his employer’s downturn, he was dismissed for company reasons. He immediately started job searching at Hello Work and signed a new employment contract after two months. By submitting required notices and his new contract to the Immigration Services Agency, his renewal was approved. If procedures are correctly followed, a history of company-initiated dismissal does not disadvantage changes or renewals for “Specified Skilled Worker” status.
Conclusion
- History of dismissal due to company circumstances alone will not automatically disadvantage you for changing or renewing “Specified Skilled Worker” status.
- Authorities focus on the validity of the dismissal and your activities and applications after leaving.
- Always submit correct information. Never falsify application documents.
- For more details, consult the Immigration Services Agency of Japan or public job centers.
