Sponsored working visa restrictions ?

Hello everyone,

I have a couple of questions regarding certain restrictions imposed after being issued a working visa following a COE application process.

1) While on a 3 year working visa, is it true that I may not leave Japan, even for holidays ? I heard that if I would do so, I would not be able to return into the country afterwards as the visa demands I remain in Japan throughout its duration.

2) After a couple of years at the company which sponsored me initially, can I apply for a separate job at another company ? Or does the initial sponsorship entail that I would stay at that particular company for the whole 3 years ? This is an edge case scenario, however it's good to know these things beforehand..

3) This is a follow-up from 2), should I decide to switch employers before my initial working visa expired, does it imply that myself and the new employer have to reiterate through the whole COE process as my initially-sponsored visa would be void ?

4) What is the best online resource to get accustomed to the most crucial parts of the work legislation regarding foreigner professionals in Japan ?

Thank you for your time, have a lovely week ahead.

Dragos

1) While on a 3 year working visa, is it true that I may not leave Japan, even for holidays ? I heard that if I would do so, I would not be able to return into the country afterwards as the visa demands I remain in Japan throughout its duration.

No, that is not true. You are free to come and go as you please, and it is not necessary to apply for a reentry permit unless you will be away for more than one year.

2) After a couple of years at the company which sponsored me initially, can I apply for a separate job at another company ? Or does the initial sponsorship entail that I would stay at that particular company for the whole 3 years ? This is an edge case scenario, however it's good to know these things beforehand..

No, you are free to leave your job at anytime, however your contract may have a non-compete clause that could make it difficult to find work in the same field for a certain period of time. If you leave, the company is required to report that you have left the job within 2 weeks, but immigration will afford you a reasonable amount of time to look for a new job (typically 6 months).

3) This is a follow-up from 2), should I decide to switch employers before my initial working visa expired, does it imply that myself and the new employer have to reiterate through the whole COE process as my initially-sponsored visa would be void ?

You'll need to update your visa status with your new employer as sponsor, and if your previous visa status applies to the new job then it should be a simple process. Otherwise you'll be revetted to make sure you qualify for then new work visa status which could take a little longer, but generally not as long as the original COE process.

4) What is the best online resource to get accustomed to the most crucial parts of the work legislation regarding foreigner professionals in Japan ?

Here's a link to English versions of the Labor Law:

http://www.jil.go.jp/english/laws/index.htm

I've also found this bilingual guide helpful in the past, although it hasn't been updated in some time, so some of it may no longer be current.

http://www.hataraku.metro.tokyo.jp/soudan-c/center/all-e2008.pdf

Thank you very much yllwsmrf for your thorough reply and resource links. I appreciate it!

Take care

Dragos

1) That is not true. People get holidays, and in the old system so-called "re-entry permit" allowed you to return to Japan on the same visa. Under the New Resident system, you don't even have to obtain the permit separately as long as you return within one year.

2) If you quit, and find work in the same category with another employer, you can stay on the same visa. You need to report the change in your employment, and the new employer will need to sponsor you for the renewal (if they want to keep you).

3) No. Suppose you leave at the end of year 2, and you find a new employer. As long as the job you take up is in the same category (by Immigration definition), you can stay on that same resident status (once you've entered Japan using a visa, you call it "resident status"). When it gets close to the end of the initial 3 year validity, if the new employer wants to keep you, they need to go through the procedure to sponsor you. (But since you are already in Japan, it is unlikely that you need to go through the COE process.)

I have a related question:

Person X is now residing on a 3-year working visa, however they plan to quit the job and leave the country before the end of the first year. Nevertheless, person X is open to the possibility of returning after a year or two and finding another job in Japan (still undecided).
The questions are:
1. Does person X have to ask for the visa to be suspended as they are leaving the country and will not use the 3-year period?
2. Is there a problem if person X decides to return after some time? Particularly, how will the Immigration see leaving and returning within a couple of years? Will a new visa be issued smoothly (if we suppose that the current one will be suspended)?
Thanks in advance!

What you describe is not possible. A visa is not some time credit that you can use when you want and stops running when you are out of Japan. If you have a 3-year permission of stay, then exactly 3 years after you obtained it, it expires and you can't stay in Japan (let alone enter Japan) with it anymore.

Firas: I know that and that's not what I'm asking. I want to know can one return to Japan after they've left while using the same visa if it hasn't expired (or been revoked) yet, and if not, can they apply and get a new visa or the Immigration will be grumpy about it.
Not to mention what happens to the working visa once you leave. Judging by the answers in this thread, you can be away for over a year and return with a re-entry permit - does that also count if you've actually quit your job? Wouldn't they revoke the visa by then? Would they issue you another working visa if you apply for it after you have one revoked in your records?

AlexanderStankov,

1. When you say "suspend" it, just voiding it is what you mean? If you are simply not going to use the rest of the time allowed on the resident status that began with the original 3-year work visa, you can give back the Alien Registration Card at your departing airport from Japan, and that will void your current work visa.
2. If you simply start from zero, there should be no problem.

But if you mean you don't want to void it, but come back on the same visa, let's say, returning a bit less than one year - Under the current rules, you can leave and return to Japan on the same visa if you return within one year. You will be asked questions about it upon entry, what happened to your work, etc., because working in Japan was the reason why you were issued a visa - but if you get back in as "re-entry" on the same visa (if it is still valid), it IS valid, so you don't go and get a new visa.

I find your questions a bit confusing - do you mean completely giving up your current visa and starting from scratch? or do you mean coming back on the same visa (in which case you don't apply for one while it is valid)?

According to this FAQ (Q9, ii), your status may be revoked if you have been out of your job for three months.

http://www.immi-moj.go.jp/english/tetuduki/index.html

I suspect that like most other things in this regard, enforcement varies depending on a lot of factors, but it's a possibility. Also, it might be next to impossible to obtain a long-term re-entry permit if you are out of your job, as per the second criterion here

http://www.immi-moj.go.jp/english/tetuduki/kanri/shyorui/06.html

The criteria for obtaining a CoE (end thus, a new visa) say nothing about having a previous revoked status, so at least it seems it's not a deal-breaker

http://www.immi-moj.go.jp/english/tetuduki/kanri/shyorui/01.html

See also Q15 in the FAQ above, which says that if you leave Japan during the 30-day grace period you get after your status is revoked, you will be treated exactly as if you had left Japan while your status was still valid.

AK: It is confusing because I'd like to know how things are in both cases. We're trying to think what would be best for person X, a friend, to do. Simply put, person X wants to quit their job in Japan and go work elsewhere, but might consider returning and working in Japan again some time in the future. Do you think person X should return the Alien Registration Card and apply for another visa in the future if they decide to return, or they should keep the current one and try to get a re-entry permit (that might never be used though)?
I know, I agree that person X is making a big mess out of this, but some people are like that.

Firas: thanks for the advices!

Do you think person X should return the Alien Registration Card and apply for another visa in the future if they decide to return, or they should keep the current one and try to get a re-entry permit (that might never be used though)?

This question doesn't make a lot of sense... Of course, X is free to apply for a long-term re-entry permit, but it seems that the chances of obtaining one are low, especially if X is already out of a job. And if a re-entry permit is denied and/or X's status is revoked, then the only thing X can do is apply for a new visa. So there's not really much of a choice to begin with.

Person X is now residing on a 3-year working visa, however they plan to quit the job and leave the country before the end of the first year. Nevertheless, person X is open to the possibility of returning after a year or two and finding another job in Japan (still undecided).
The questions are:
1. Does person X have to ask for the visa to be suspended as they are leaving the country and will not use the 3-year period?

No. It may be to their advantage too keep their status if they intend to return within the period of stay. In this case it might be a good idea to get a re-entry permit to cover them in case they stay away longer than a year. The disadvantages include qualifying for a pension refund.

2. Is there a problem if person X decides to return after some time? Particularly, how will the Immigration see leaving and returning within a couple of years? Will a new visa be issued smoothly (if we suppose that the current one will be suspended)?
Thanks in advance!

Shouldn't pose a problem.

In the future, please post these as a new question even if they are related to the original post.