Introduction
Many foreign nationals who have applied for refugee recognition in Japan are worried about whether they can work while their application is pending and under what conditions work permission is granted with the “Designated Activities (while refugee application is pending)” status of residence.
In recent years, due to an increase in applications suspected of being filed mainly for work or continued stay, the Immigration Services Agency of Japan (ISA) has published operational guidelines titled “On Refugee Applicants Subject to Restrictions on Work,” clarifying the criteria for allowing or restricting work for such applicants.
This article explains, based on official information, key points for obtaining work permission under “Designated Activities (Refugee Application Pending)” and typical patterns that often result in refusal or work restrictions.
What is “Designated Activities (Refugee Application Pending)”
The ISA may grant the status of residence “Designated Activities” to foreign nationals who are in the process of applying for refugee recognition, thereby allowing them to remain in Japan for a certain period during the examination.
For refugee applicants, the length of stay and whether work is permitted are determined according to the likelihood that they qualify as refugees under the Refugee Convention and the necessity of humanitarian protection.
According to Ministry of Justice documents, refugee cases are categorized into types such as A, B, and D. Among first-time applicants classified as type D, those who meet certain conditions (D1, etc.) are subject to new rules restricting their right to work.
As a result, even within “Designated Activities (Refugee Application Pending),” some people receive “Designated Activities (6 months, work permitted),” while others receive “Designated Activities (3 months, work prohibited),” leading to different work eligibility.
How to Check Work Eligibility and the Importance of the “Designation Letter”
A key point is that the residence card simply states “Designated Activities,” and does not indicate whether work is permitted.
Work eligibility is described in the “designation letter” issued by the ISA and attached to the passport, so both the applicant and prospective employers must check this document carefully.
For example, if the designation letter states that “because the person is applying for refugee recognition or has filed an appeal, it is permitted to engage in remunerative activities in Japan (excluding certain industries such as the sex industry),” work is allowed within that scope.
On the other hand, if it states “job hunting and daily activities accompanying such job hunting (excluding activities to operate a business for income or to receive remuneration),” the person is not allowed to work, including part-time jobs.
Employers must not rely only on the residence card when hiring a person with “Designated Activities (Refugee Application Pending).” They should obtain and keep a copy of the designation letter and confirm whether work is permitted, and if so, within what scope.
Cases Likely to Be Denied Work Permission or Placed Under Work Restrictions
Ministry materials state that those who stop activities under their original status of residence and then apply for refugee recognition, or those who apply while under a status for departure preparation, are likely to be abusing the system for work or continued stay and are therefore subject to work restrictions.
In such cases, “Designated Activities (3 months, work prohibited)” is generally granted, and the person is categorized in a group (such as D1) that is not allowed to work.
Conversely, those who maintain their original legal status of residence while applying for refugee recognition and who submit sufficient materials showing that they may qualify as refugees or need complementary protection may be granted “Designated Activities (6 months, work permitted).”
However, decisions are made on a case-by-case discretionary basis. Even if two cases appear similar in nationality and circumstances, outcomes may differ, and the content, timing, and consistency of the evidence submitted are critically important.
Practical Points to Obtain Work Permission
To obtain work permission under “Designated Activities (Refugee Application Pending),” it is essential to demonstrate that the refugee application is genuine and not filed merely for work or continued stay.
This includes submitting, as far as possible, objective evidence regarding persecution or human rights violations, reasons why return is impossible, and the security situation in the country of origin.
In addition, the following points can positively influence the possibility of receiving a “work permitted” designation:
- Stable living base:
Clarify housing, living expenses, and support from relatives or organizations, and explain that you can live independently if work is permitted. - Legal compliance and good conduct:
Maintaining a record free from overstays and serious violations, and properly fulfilling obligations such as resident registration, taxes, and social insurance, is an important factor for continued residence in Japan. - Appropriateness of employment:
Even if work is permitted, the industry and job content must be lawful and consistent with labor law and the spirit of the refugee and immigration framework.
If there are any doubts about the wording or scope of work in the designation letter, applicants and employers should consult the local Immigration Services Bureau or qualified professionals in advance.
Conclusion
“Designated Activities (Refugee Application Pending)” includes both work-permitted and work-prohibited patterns, and the difference is not visible on the residence card but only in the designation letter.
Cases where a person applies for refugee status after entering a departure preparation period or stopping the original activities (such as quitting school or training) are typical examples categorized under work-restricted types like “Designated Activities (3 months, work prohibited).”
On the other hand, where a person has maintained lawful residence and submitted consistent and well-supported evidence of refugee status or humanitarian needs, a work-permitted form of Designated Activities may be granted, although this is never guaranteed and remains within administrative discretion.
Anyone who wishes to work while their refugee application is pending—or any company intending to hire such a person—should always confirm the designation letter and, if in doubt, consult the Immigration Services Agency or an immigration professional to avoid refusal and legal violations.
