CASE
Regarding residence status for foreigners who are allowed to work in the field.
2024.1 Tashiro
Twenty years ago when I first became an administrative scrivener, the only work-related visa available to those with a “skills” status was a foreign cuisine chef, and we were bringing in Indian chefs. At the time, Japanese-Brazilians working in the automobile industry and foreigners working on the production lines of bento factories had status-based visas (spouse of a Japanese national, permanent resident, long-term resident, etc.).
The Technical Intern Training Program was established in 1993 with the aim of “international contribution through skills transfer,” but many companies treated them as labor to make up for labor shortages, and the purpose and reality of the program were at odds with each other. Under the program, they are classified as trainees, not workers, and cannot freely change their training site even if it is an environment they do not want (low wages, long working hours, power harassment, etc.), which makes it a breeding ground for human rights violations, and there have been a series of disappearances of technical intern trainees. In response to this situation, a government panel of experts was established in November 2022 to consider a review of the Technical Intern Training Program. This program is expected to be abolished in the future and a new one established.
In April 2019, in response to requests from industry struggling with labor shortages, the Specified Skilled Worker System was established with the aim of accepting foreign nationals with certain expertise and skills.
Specific industries that accept
① Nursing care ② Building cleaning ③ Basic materials, industrial machinery, electrical, electronic and information-related manufacturing ④ Construction
⑤ Shipbuilding and marine industry ⑥ Automobile maintenance ⑦ Aviation ⑧ Accommodation ⑨ Agriculture ⑩ Fisheries ⑪ Food and beverage manufacturing ⑫ Restaurant industry
There are two types of residence status for specific skills: No. 1 and No. 2, but since obtaining No. 2 is limited to transition from No. 1, you will first need to obtain No. 1. To obtain No. 1, you need to pass the Specified Skills Assessment Test and the Japanese Language Proficiency Test, but in the case of transitioning from the aforementioned technical intern training to specific skills, there are cases where the tests are waived. (At this time, it is unclear how the status will be implemented after the Technical Intern Training Program is abolished.)
Requirements for the host company
① The employment contract (specific skills employment contract) to be concluded with the foreigner must be appropriate. (The amount of remuneration must be equal to or greater than that of a Japanese person, etc.)
② The accepting company must be appropriate (No violations of immigration or labor laws within the past five years, etc.)
③ There must be a system in place to support foreigners (Support must be provided in a language that foreigners can understand, etc.)
④ The plan to support foreigners must be appropriate (Life guidance before entry, Airport pickup and drop-off when entering and leaving the country, etc.)
※③ and ④ can also be entrusted to a registered support organization, and will no longer be necessary if you move to No. 2.
Currently, 11 fields other than nursing care can switch to Category 2 status, and under the Technical Intern Training System, there were restrictions on the number of foreigners accepted based on the size of the accepting company, but under the Specified Skilled Worker System, there are no restrictions (except in the nursing care and construction fields), and transfer (to a different accepting company) is also possible.
At visa consultation sessions for foreigners, there are always consultations about specified skills, and there are many consultations related to the accommodation (hotel industry) and restaurant industry, so it seems to be an attractive system for foreigners.
