Introduction

Foreign nationals working in Japan under the status of residence “Skilled Labor” and their employers often face a common question: “Can we continue employment if the actual job duties have changed after hiring?”
The scope of activities permitted under each status of residence is strictly defined by laws and ministerial ordinances, and if the actual work deviates from that scope, there is a risk that an extension or change of status of residence will be refused.

This article explains, based on information from public authorities such as the Immigration Services Agency of Japan, in which cases certain procedures are required and how to practically avoid refusal when the job description changes for a foreign national with the “Skilled Labor” status of residence.

What Is the “Skilled Labor” Status?

“Skilled Labor” is one of the working statuses of residence listed in Appended Table I(2) of the Immigration Control and Refugee Recognition Act and mainly covers occupations requiring skilled techniques, such as cooks, construction-related skilled workers, aircraft maintenance engineers, and jewelry processing technicians.​
In the English translation of the Act provided by the Ministry of Justice, this status of residence is officially referred to as “Skilled Labor”.​

The “Skilled Labor” status requires not only work experience but also a certain number of years of practical experience and, in some cases, national qualifications, as stipulated in ministerial ordinances.​
Therefore, if the job duties change in a way that no longer satisfies these conditions, immigration officers may conclude that the activities do not fall under “Skilled Labor” at the time of extension or change.​

Key Issues When Job Duties Change

The risk of refusal increases under the “Skilled Labor” status mainly in the following situations.

• The originally planned main duties are significantly reduced and other types of work become the core tasks
• Management or clerical work becomes the main duty and skilled work becomes only a minor part
• The actual work is mostly outside the scope of “Skilled Labor” and close to unskilled labor

Under the Immigration Act, a status of residence is granted according to the actual activities in Japan, so immigration authorities focus on what kind of work the person is actually engaged in and in what proportion.​
Depending on the degree of change, it may be necessary to apply not only for an extension of period of stay but also for permission to change the status of residence.

Change in Job Duties and Application for Change of Status of Residence

1. When Activities Fall under Another Status of Residence

The Immigration Services Agency of Japan explains that, when a foreign national wishes to change their activities from those under their current status of residence to activities that fall under another status, they must apply for permission to change the status of residence.​
For example, a foreign cook initially employed under “Skilled Labor” at a French restaurant may later mainly engage in menu development, store management, cost control, and marketing, which are more closely related to “Business Manager” or “Engineer/Specialist in Humanities/International Services”.

In such a case, where the main activity shifts away from “Skilled Labor”, the foreign national and the employer should consider filing an application for change of status of residence that better matches the actual job duties.
The forms and required documents for the application are available on the website of the Immigration Services Agency, and it is important to check the latest information when preparing the application.

2. Changes within the Scope of the Same “Skilled Labor” Status

If a foreign national is transferred between branches of the same company or the menu of the restaurant is changed, such changes may not necessarily require a change of status of residence as long as the activities remain within the scope of “Skilled Labor”.​
However, if the content of the duties becomes significantly different from what was described in the original application, immigration authorities may request detailed explanations or additional documents at the time of extension.​

In practice, it is advisable to:

• Compare old and new job descriptions and clarify the proportion and content of each task
• Explain that activities requiring “skilled” techniques remain the main duties
• Review employment contracts and job descriptions to ensure consistency with the application documents

Submitting consistent and well-organized documents at the time of application is effective in reducing the risk of refusal.

Notification Obligations When the Organization or Contract Changes

For many working statuses of residence, including “Skilled Labor”, foreign nationals must notify the immigration authorities when there is a change in their organization (employer) or in the content of the contract.
The “Questions and Answers on Notifications Concerning the Affiliated Institution” on the Immigration Services Agency’s website states that notification is required when there is a change such as the extinction, name change, address change, separation, or transfer of the organization where the foreign national conducts their activities.​

In particular, in cases of job change or transfer between companies, it may be necessary to submit a notification to the competent regional immigration bureau within 14 days using the prescribed forms.
Failure to comply with these notification obligations may have a negative impact on future applications for extension of period of stay or for permanent residence, so it is important to confirm whether there have been any changes in the organization or contract in addition to changes in the job description.

Example Scenario: Cook under “Skilled Labor” Whose Duties Expanded

Below is a typical example frequently seen in practice, presented as a general model and not as an actual case handled by any specific office.

A foreign national with a “Skilled Labor” status of residence works as a cook at an ethnic restaurant and initially engaged mainly in cooking and plating in the kitchen.
However, as the restaurant expanded, this person’s time spent on menu development, cost control, staff scheduling, and promotional planning increased, and cooking duties now account for only about 20 percent of the total work.

In such a case:

• The main activity has shifted from “skilled cooking work” to management and planning
• The duties now resemble those under “Business Manager” or “Engineer/Specialist in Humanities/International Services” more than “Skilled Labor”

and immigration authorities may evaluate the activities accordingly.​
The employer and the foreign worker can review the current job description, consider applying for a change of status of residence, and switch to a status that better matches the actual activities to reduce the risk of refusal at the time of extension.

Practical Tips to Avoid Refusal

Key practical points to reduce the risk of refusal when job duties change under the “Skilled Labor” status are as follows.

• Accurately understand the current job duties and confirm whether activities requiring “skilled” techniques are still the main work.
• If the main activities are closer to another status of residence, consider early whether to apply for change of status.
• Review employment contracts and job descriptions to reflect actual duties and ensure consistency with application forms.
• Submit all necessary notifications if there are changes in the affiliated institution or important changes in contract conditions.​
• Do not wait until just before the expiration of period of stay; seek advice from specialists or immigration offices as soon as the need for change arises.

The Immigration Services Agency publishes guidelines and examples of refused cases for permission for change of status and extension of period of stay, which are useful in understanding the basic approach of examination and typical cases of refusal.​

Conclusion

When job duties change for foreign nationals working under the “Skilled Labor” status of residence in Japan, it is crucial to carefully examine whether the new duties remain within the scope of the status.
If the main activities fall under another status of residence, leaving the situation as it is without applying for a change of status may lead to refusal at the time of extension.

In addition, many working statuses of residence impose notification obligations when the affiliated institution or contract details change, and failure to notify may affect future examinations.
When there are changes in job duties or employment conditions, organizing the current situation at an early stage, checking the latest information from public authorities, and taking appropriate procedures with expert support where necessary will help ensure a stable status of residence.