Introduction

For foreign nationals working under the Technology, Humanities Knowledge, and International Business Visa (often referred to as “Specified Skilled Worker” or similar categories, but here specifically referring to the visa for specialized professionals), changing from a contract employee to part-time employment raises questions about the impact on their residence status. With the increasing emphasis on work-life balance and diversification of employment types, such inquiries have become more common. This article explains the legal requirements and procedures for changing employment types based on the guidelines from the Immigration Bureau of Japan.

Basic Requirements for Technology, Humanities Knowledge, and International Business Visa

The Technology, Humanities Knowledge, and International Business Visa is granted to specialized professionals who meet the following conditions:

• Relevance of Education and Work Experience: The job must utilize knowledge acquired through university or vocational school education.
• Stability of Employment: Continuous employment is secured through positions like full-time, contract, or dispatched employees.
• Appropriateness of Compensation: The salary must be at or above the level of Japanese employees.

Even if switching to part-time employment, it is possible to maintain the visa as long as these conditions are met. However, there are points to be cautious about.

Cases Where Changing to Part-time Employment May Affect Residence Status

1. Change in Job Content Outside the Scope of the Visa
   • Example: Changing from a system engineer (under the Technology, Humanities Knowledge, and International Business Visa) to customer service in a restaurant (simple labor), which falls outside the visa’s scope and may lead to non-approval.
2. Insufficient Stability or Continuity of Employment
   • Working fewer than 10 hours per week.
   • Contract periods less than six months with no prospect of renewal.
   • Such cases may not be recognized as “stable activities,” potentially causing issues with residence status renewal.
3. Compensation Below Standards
   • If the hourly wage is significantly lower than that of Japanese employees, it may be deemed non-compliant with requirements.

Procedures for Changing to Part-time Employment

Cases Requiring No Procedures

• Changing from contract employee to part-time within the same company without changes in job content, working hours, or compensation.
• No notification is required to the Immigration Bureau.

Cases Requiring Procedures

• Changes in job content or working conditions.
• A “Change of Status of Residence” application is necessary.
• Example documents to be submitted:
  • Employment contract detailing new working conditions.
  • Company’s registered certificate.
  • Previous year’s financial statement.

Common Cases and Countermeasures

Case 1: Continuing Part-time Employment of 20 Hours per Week

• Background: Changing from a contract employee (40 hours per week) in an IT company to part-time (20 hours per week) for childcare reasons.
• Result: The residence status was maintained since there were no changes in job content or compensation per hour.

Case 2: Non-Approval Due to Change in Job Content

• Background: Attempting to change from international trade (international business) to warehouse management (simple labor).
• Result: The application for a change of residence status was not approved, making visa renewal impossible.

Countermeasures:

• Ensure that the job content maintains its specialized nature.
• Consult with the Immigration Bureau in advance regarding changes in working hours or compensation.

Points to Note for Part-time Employment

• Permission for Activities Outside the Scope of Qualification: If engaging in simple labor (e.g., convenience store work) as a side job, permission for activities outside the scope of qualification is required.
• Risk of Shortening the Period of Stay: Part-time employment may result in a shortened period of stay, potentially limited to one year.
• Procedure for Changing Workplaces: If the part-time workplace changes, a “Notification of Change of Affiliation” must be submitted within 14 days.

Conclusion

When changing to part-time employment under the Technology, Humanities Knowledge, and International Business Visa, maintaining the specialized nature of the job content and ensuring proper employment conditions are crucial. Even with changes in working hours or compensation, appropriate procedures can help maintain residence status. However, transitioning to simple labor or destabilizing employment can be risk factors. Therefore, it is essential to consult with administrative scriveners or the Immigration Bureau.