Introduction

The number of foreign nationals working in Japan under the “Specified Skilled Worker” residence status has been rapidly increasing in recent years. However, some people are concerned about how a criminal record in their home country might influence the immigration screening process. This article provides an accurate and easy-to-understand explanation, based on official Japanese government information, of how having a “criminal record in your home country” can impact applications for the “Specified Skilled Worker” status. We offer the latest explanations from the perspective of an administrative scrivener.

What Is “Specified Skilled Worker”?

The “Specified Skilled Worker” (tōteki ginō, Specified Skilled Worker[i][ii]) is a residence status introduced in 2019 to secure human resources in 14 industrial fields, including nursing care, construction, hospitality, and more. Most foreign applicants seek the “Specified Skilled Worker (i),” which allows them to stay in Japan for up to 5 years if they meet the eligibility requirements.

Key Points of Criminal Record Screening

Good Behavior Requirement in Immigration Examination

The Immigration Services Agency requires “good conduct” for all residence status categories, including Specified Skilled Worker. If an applicant has a past criminal record, the nature and details of that record may strongly influence the decision as to whether status is granted.

Can You Apply If You Have a Criminal Record?

You may apply for Specified Skilled Worker status even if you have a criminal record in your home country. However, the outcome depends on various factors such as the nature of the crime, number of offenses, the existence and length of any suspended sentence or criminal punishment, and the time elapsed since the incident. Serious crimes (e.g. violence, drugs, fraud) or recent repeated offenses make rejection much more likely. On the other hand, minor offenses (and situations where a long time has passed without further incident) may still allow for approval.

Required Documents and Duty to Disclose

Self-Declaration of Criminal History

On the residence status application form, there is a section for self-reporting any past criminal history. Falsifying this may result in denial or even deportation if detected by the Immigration Services Agency.

Submitting Police Certificates

Applicants are often required to obtain and submit a police clearance certificate from their home country. The procedure and required documents vary by country, so it is important to check in advance.

Example Cases

For instance, if Mr. A (pseudonym) received a fine for a traffic violation in his home country 10 years ago and had no further offenses, his application may be approved. By contrast, Mr. B (pseudonym), who was convicted of a major theft within the last few years, is much more likely to be denied. In any case, careful, case-by-case assessment is required.

Tips for a Smooth Application

• Always report your criminal history truthfully.
• Prepare all required documents (police certificates, etc.) in advance.
• Consult a qualified expert if you have concerns about the language or procedures.

Conclusion

Even with a criminal record in your home country, you may still apply for the Specified Skilled Worker status, but approval or rejection depends greatly on the facts and circumstances. Accurate self-reporting and early document preparation are key. If you are uneasy, consider consulting with an administrative scrivener or other expert.