Status of residence ‘Instructor’

1) Status of residence ‘Instructor’

This status was established in response to the internationalisation of the education sector, such as foreign language education, to accept language teachers, etc. from elementary schools, junior high schools, high schools, secondary schools, special support schools, special training schools or various schools or educational institutions equivalent to these with regard to facilities and organisation.

2) Applicable scope of status of residence ‘Instructor’

The ‘Instructor’ status of residence in the table in Appended Table 1-2 of the Immigration Act stipulates the activities that can be performed in Japan as follows.

Activities to provide language education and other education at elementary schools, junior high schools, high schools, secondary schools, special schools, special support schools, special training schools or various schools or educational institutions equivalent to these in terms of facilities and organisation in Japan.

Scope of activities falling under the status of residence of ‘Instructor’

(i) Teachers belonging to an educational institution who, under the direction of said educational institution, is dispatched to a general company, etc.

* Activities of those who engage in educational activities at organisations other than educational institutions such as general companies fall under the status of residence of ‘Engineer/Specialist in Humanities/International Services’.

(ii) In the case of being employed at a Japanese branch of a foreign university

The status of residence ‘Instructor’ is determined for those employed at a Japanese branch of a foreign university which has been approved by a school corporation. For those employed by the Japanese branch of a foreign university other than those above, ‘Engineer/Specialist in Humanities/International Services’ visa will be determined according to the subjects they are in charge of.

Significance of the terminology of residence status ‘Instructor’

(i) ‘Educational institutions equivalent to various types of schools in terms of facilities and organization’ means, in terms of facilities (school land, school buildings and other facilities together with school and teaching equipment) and organization (the number of classes organised in a school, the number of children and students organised in a class, and the organisation of staff to be assigned to a school).

(ii) ‘Other education’ means that language education is an example and clearly indicates that the content of education is not limited to languages.

Relationship between status of residence ‘Instructor’ and other statuses of residence

The activities related to the following statuses of residence are where activities to educate are included, and their relationship with the status of residence of ‘Instructor’ is as follows.

(a) Professor

Activities such as teaching at universities or equivalent institutions or technical colleges fall under this category.

(b) Engineer / Specialist in humanities / International services

Activities to provide education based on a contract with an organisation other than an educational institution such as a general corporation fall under this category.

(c) Highly Skilled Professional (i) (a)

Activities which provide education, etc. based on a contract with a public or private institution in Japan (limited to institutions which conduct business activities that meet the requirements specified by a Ministry of Justice Ordinance as contributing to the efficient promotion of research in specific fields requiring highly specialised knowledge or the development of industries related to such research, and which are designated by the Minister of Justice), based on a contract with said institution.

Criteria for status of residence ‘Instructor’

Criterion No. 1

If the applicant engages in activities to provide education at various schools or educational institutions equivalent to these in terms of facilities and organization, or engages in activities to provide education for positions other than teachers at educational institutions other than these, the applicant must meet all of the following conditions. However, if the applicant is engaged in educational activities at a school or an educational institution which is equivalent in terms of facilities and organization to an educational institution established for the purpose of providing primary or secondary education in a foreign language to children residing with diplomatic or official status in Table 1 (i) or with family stay status in Table 4 (iv) of Annexed Table 1 of the Act.

In the case of engaging in activities to provide education at an educational institution established for the purpose of providing primary or secondary education in a foreign language to children residing in Japan with primary or secondary education or with family stay status in the fourth schedule, (a) shall apply.

(a) The applicant must have a university degree or equivalent or higher education, or a licence pertaining to the education he/she intends to provide.

(b) If the applicant intends to teach a foreign language, he/she must have 12 years or more of education in that foreign language, or if the applicant intends to teach other subjects, he/she must have five years or more of work experience in the education of that subject at an educational institution.

Details of the requirements for the status of residence ‘Instructor’

If the applicant is engaged in language teaching or other teaching activities as a teacher in elementary schools, junior high schools, high schools, secondary schools, special support schools or special training schools in Japan, he/she is not required to comply with criterion No. 1.

If they are engaged in educational activities as teachers in positions other than teaching, such as teaching assistants, at these educational institutions, they are required to conform to both (a) and (b) of criterion No. 1.

There are no specific requirements in the Landing Standards for qualification requirements when engaged in education as a teacher in primary schools, junior high schools, high schools, secondary schools, special support schools or special training schools.

This is because, in the case of primary schools, junior high schools, high schools, secondary education schools and special support schools, the teachers are required to have a teaching licence under the School Education Law, and in the case of special training schools, the teachers are required to have qualifications under the Standards for the Establishment of Special Training Schools.

*In the case of engaging in education as a teacher at an educational institution to which the School Education Law applies, a person cannot become a teacher unless he/she has a certain licence and qualifications under the ‘Education Personnel Licensing Law’ (1949 Law No. 147) and other laws.

*Article 3-2, paragraph 2 of the Education Personnel Licensing Law stipulates that persons who do not hold a teaching licence can be appointed as part-time teachers upon notification to the Board of Education, and those for whom such notification has been accepted are treated as conforming to criterion No. 1 even if they do not hold a licence or qualification.

If the applicant is engaged in language teaching or other teaching activities at various schools or similar educational institutions in terms of facilities and organisation, the applicant is required to comply with both (a) and (b) of criterion No. 1.

If the applicant is engaged in educational activities at a school or an educational institution which is equivalent in terms of facilities and organisation and was established for the purpose of providing primary or secondary education in a foreign language to children residing with ‘diplomat’ or ‘official’ status in Table 1 of Annex 1 or with family stay status in Table 4 of the Immigration Act. If you are engaged in teaching activities at an educational institution established for the purpose of providing primary or secondary education in a foreign language to children residing in Japan with primary or secondary education, you are required to fulfil criterion 1.

Significance of the term ‘Instructor’ in the status of residence

a. ‘Positions other than teaching’

‘Education staff’ refers to personnel who provide education other than ‘education staff’ as defined in Article 1, paragraph 1 of the Education Personnel Licensing Act.

Educational personnel means lead teachers, guidance teachers, teachers, assistant teachers, school nurse teachers, assistant school nurse teachers, nutrition teachers and lecturers (hereinafter referred to as ‘teachers’) in kindergartens, elementary schools, junior high schools, high schools, secondary education schools and special support schools (hereinafter referred to as ‘schools’) as defined in Article 1 of the School Education Law.

b. ‘Educational institutions established for the purpose of providing primary or secondary education in a foreign language to children residing with “diplomatic” or “official” status in Table 1 of Appended Table 1 or with family stay status in Table 4 of the Immigration Act, which are various schools or educational institutions equivalent thereto in terms of facilities and organisation’. So-called international schools fall under this category.

c ‘University’ includes Japanese universities as well as foreign universities.

d. ‘Licence’ includes licences obtained in a foreign country.

e ‘If the person intends to teach a foreign language, he/she must have received at least 12 years of education in that foreign language’ means, for example, that a foreigner who intends to engage in English education has received at least 12 years of education conducted using English. The education received does not have to be in English or in subjects related to English.

Criterion No. 2

Receiving remuneration equivalent to or greater than that received by a Japanese national when engaged in.

Key points when examining status of residence ‘Instructor’

When determining status of residence

A. Matters pertaining to applicability of status of residence:
  1. Confirm that the purpose of entry or desired status of residence field in the application form is ‘Instructor’.
  2. Confirm that the place of operation, activities and professional status columns of the application form correspond to activities related to the status of residence of ‘Instructor’.
  3. If the professional status field on the application form is part-time, the salary/remuneration field on the application form and the supporting documents should confirm that the amount is sufficient for the activities in our country. (If the said amount is not deemed sufficient for the activities in our country, the existence of remuneration for other activities, etc.)
B. Matters relating to the Standards Ordinance:
  • If the applicant is engaged in language teaching or other teaching activities as a teacher in primary schools, junior high schools, high schools, secondary schools, special support schools or special training schools in Japan:
    The salary and remuneration section of the application form and the substantiating documents must comply with Standard No. 2.
  • In the case of engaging in educational activities as a teacher in various schools or educational institutions equivalent to these in terms of facilities and organization, or in the case of engaging in educational activities as an assistant teacher or in other non-teaching positions in elementary schools, junior high schools, high schools, secondary schools, special support schools or special training schools in Japan,
    • I. Graduated from a university and or equivalent or higher education:
      Last education on the application form.
    • II. If the applicant has completed a special training course at a special training school in Japan, specialising in a subject related to the skills or knowledge necessary for the education to be provided:
      • i. The final education, major field of study and position in the job field on the application form. ii.
      • ii The title of specialist or advanced specialist has been granted according to substantiating documents.
    • III. If none of I or II apply:
      ‘Yes’ in the ‘Licence for education’ field of the application form and, according to the substantiating documents, the applicant has a licence for the education he/she intends to carry out.
    • IV. If any of I to III applies, the applicant must comply with criterion No. 2, according to the ‘Salary and remuneration’ column in the application form and the substantiating documents.
  • If the applicant intends to teach a foreign language or other subjects at a primary school, junior high school, high school, secondary school, special school or vocational school or any other school or educational institution equivalent in terms of facilities and organisation in Japan:
    • I. If the applicant falls under a or b, he/she must meet the requirements of criterion a.
    • II. If the applicant intends to teach in a foreign language, the period of education in the foreign language must be at least 12 years, or if the applicant intends to teach other subjects, the applicant’s professional experience, the number of years of work experience in the subject to be taught and the documents to prove it must be at least 12 years, or if the applicant intends to teach other subjects, the number of years of work experience in the subject to be taught and the documents to prove it must be at least 12 years. In the case of education in other subjects, the applicant must have at least 5 years of work experience in teaching the subject concerned, according to his/her work experience, the number of years of work experience in the subject he/she wishes to teach and the documents to prove it.
  • In the case of an international school:
    In the case of an international school, one of I to III and IV must be applicable.

At the time of renewal of period of stay

If there is no change in the place of work and activities:
  • According to the place of work and activities section of the application form and substantiating documents, there must be no change in the place of work and activities.
  • According to the salary/remuneration section of the application form and the certificate of taxation (tax exemption) and tax payment certificate, the remuneration is sufficient for the applicant to work in Japan with the status of residence of ‘Instructor’ for the period during which he/she intends to work in Japan.
If there is a change in the place of employment or the nature of the activity (only if there is a change in the applicable criteria):
  • a. Items 1-4 in A. apply.
  • b. According to the salary and remuneration sections of the application form and the certificate of resident taxation (tax exemption) and tax payment certificate, the amount of remuneration must be sufficient for the applicant to work with the status of residence of ‘Instructor’ for the period during which he/she intends to work in Japan.

Reference 1: Status of residence of a foreigner employed at an elementary or junior high school designated as a research and development school and engaged in English teaching, etc.

1. Status of residence of a foreigner employed at an elementary or junior high school designated as a research and development school and engaged in English teaching, etc.

The Minister of Education, Culture, Sports, Science and Technology designates certain elementary and junior high schools as ‘research and development schools’ and commissions them to research and develop curricula related to English conversation, etc. At elementary and junior high schools that have received this commission, foreign nationals are employed to carry out research and development into English language education, etc., and are put in charge of assisting with the preparation of English language teaching curricula.

Such foreign teachers fall under the case of ‘engaging in activities to provide education in jobs other than teaching at educational institutions other than these’ in the Standards Ministerial Ordinance on ‘Instructor’.

Reference 2: Language teaching assistants under the JET Programme

Foreign nationals who enter Japan as language teaching assistants are recent university graduates and usually do not hold a Japanese teaching licence, so most of them are engaged in teaching activities such as language instruction as assistants to high school teachers, etc. in ‘jobs other than teaching’.

Reference 3: Teachers in international schools

(a) For teachers in so-called international schools, it is sufficient to have a university degree or equivalent or higher education or a teaching licence (Ordinance of the Ministry of Standards No. 1 (a)).

(b) Primary education refers to education at the primary schools and kindergarten levels, and teachers in charge of early childhood education also fall under the category of ‘Instructor’.

(c) Secondary education means education at the junior high school and high school level.

(d) Those who intend to engage in educational activities at an educational institution which is deemed to be equivalent to a member school of the Japan Council of International Schools in terms of facilities and organisation, and for whom it is deemed appropriate to be granted the status of residence of ‘Instructor’, shall be treated in the same way as permitted member schools.