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Navigating Visa Transitions in Japan: Special Considerations for Working Holiday Participants

Transition from Working Holiday to Employment Visa / Summary of the Article:

Foreign nationals residing in Japan under the Working Holiday (WH) program are typically required to return to their home country after one year. However, should a Japanese company wish to employ such an individual on a full-time basis, certain procedures must be followed.

The Working Holiday (WH) Scheme:

This program allows individuals to enter Japan for vacation purposes and subsequently work to supplement their travel and living expenses. It is particularly tailored for young adults seeking to immerse themselves in a different culture.

The working holiday programmes are, based on bilateral arrangements, intended to make it possible for the youth of Japan and its partner countries/regions to enter each country/region primarily for the purpose of spending holidays while allowing them to engage in employment as an incidental activity of their holidays for the purpose of supplementing their travel funds.

The programmes are designed to provide the youth with wider opportunities for them to appreciate the culture and general way of life in the partner countries/regions for the purpose of promoting mutual understanding between Japan and its partner countries/regions.

Eligible Countries for the Working Holiday Visa:

Japan started the working holiday programmes first with Australia in 1980. As of 1st August 2023, Japan has introduced the programmes with the following 29 countries/regions;

Australia, New Zealand, Canada, South Korea, etc. (refer to the list below).

Residence Qualification under the Working Holiday:

Designated as either “Designated Activity (Tokutei Katsudo)” Notification No. 5 or “Designated Activity (Tokutei Katsudo)” Notification No. 5-2. No academic qualifications are required. The maximum duration of stay is one year, with no extensions permitted.

For information on visas for specific activities, see the Notification below; To specify the activities listed in the lower column of the table in Appended Table 1-5 of the Immigration Control and Refugee Recognition Act in accordance with Article 7(1)(ii) of the said Act.

Transition from Working Holiday Visa to Employment Visa:

If a holder of a Working Holiday visa proves to be exceptional, they may be eligible for an Employment Visa, such as “Engineer/Specialist in Humanities/International Services” visa or “Highly Skilled Professional” visa. However, for nationals from the UK, France, Taiwan, and Hong Kong, a return to their home country is mandated after the Working Holiday period, preventing direct conversion to an Employment Visa within Japan.

Details Regarding the Shift from Working Holiday to Employment Visa:

What is the Working Holiday?

The Working Holiday is a scheme allowing individuals to work in Japan while on vacation. It is designed for young adults to experience different cultures. As per the Japan Ministry of Foreign Affairs website, it is a system “based on agreements between countries, permitting young people from each country to work incidentally during their holidays, aiming to supplement their travel funds”. Essentially, it allows young people to reside in another country, experiencing its culture and daily life, while being permitted to work to cover their living expenses. The maximum period of stay is one year, without extensions.

The Working Holiday (WH) visa is a special visa that allows you to visit, study and work. It is a visa with a great deal of freedom, allowing you to stay anywhere, travel anywhere, work and attend language school. The purpose of the system is not to allow you to work as your main purpose, but there are few other visas that allow you to work part-time abroad locally. This visa is very useful for those who want to study English but have given up on the idea of studying abroad because it is too expensive. The WH visa is a great way to stay, study and work abroad for less than half the price of a study abroad visa. This is a once-in-a-lifetime opportunity and you should definitely take advantage of it.

Eligible Countries for the Working Holiday Visa:

Australia, New Zealand, Canada, Germany, United Kingdom, Ireland, Denmark, Hong Kong, Norway, Slovakia, Austria, Iceland, Lithuania, Estonia, Netherland, Urguay, (Countries that have signed an oral statement.) and;

South Korea (Republic of Korea), France, Poland, Hungary, Spain, Czech Republic,  Sweden, Finland, Latvia, (Countries with which agreements have been concluded.) and;

Portugal, Argentina, Chile, and Taiwan ROC (Countries to which the persons covered by the Memorandum of Cooperation belong).

If your nationality is not on the list above, please consider applying for a J-FIND visa, for more information on J-FIND visas, please follow this link. If you are within five years of graduating from a global top 100, well-known university, you can seek employment in Japan for two years.

Regarding Residency Qualification:

The qualifications are “Designated Activity Notification No. 5” or “Designated Activity Notification No. 5-2”. No academic prerequisites are necessary.

If you wish to temporarily leave and return to Japan, they can re-enter Japan with their currently authorized status of residence and period of stay through Special Re-entry Permit.

Work Condition: Work in nightclubs, bars and cabarets, dance halls, and Pachinko parlours, etc., is not permitted. The Act Controlling Business Affecting Public Morals (Fueiho), Article 2; Sections 1 and 4, specify these prohibited areas of work.

Eligibility to participate in the Working Holiday:

Working Holiday Visas, valid for a period of one year from the date of issue, are issued to persons who satisfy all of the following requirements:

  1. Have a passport from one of the above-mentioned working holiday countries and are resident in that country.
  2. Intend primarily to holiday in Japan for a period of up to one year from the date of entry.
  3. Be aged between eighteen (18) and thirty (30) years both inclusive at the time of application for a Working Holiday Visa
  4. Be persons who are not accompanied by children
  5. Be persons who are not accompanied by spouses unless those spouses are in possession of a Working Holiday Visa or otherwise
  6. Possess a valid passport, and an outward and return/onward travel ticket or sufficient funds with which to purchase such a ticket
  7. Possess reasonable funds for their maintenance during the period of initial stay in Japan
  8. Intend to leave Japan at the end of their stay
  9. Have not previously been issued a Working Holiday Visa
  10. Be in good health
  11. Buy sufficient medical insurance (National Health Insurance) to cover during intended stay in Japan
  12. Do not have any crime records
  13. Abide by Japanese laws during intended stay in Japan

Transition to the Employment Visa:

If a company wishes to employ a foreign national holding a Working Holiday (WH) visa on a full-time basis, consideration for an Employment Visa, such as “Engineer/Specialist in Humanities/International Services” visa or “Highly Skilled Professional” visa is possible. The employment should be aligned with the visa’s requirements, similar to the conditions for foreign students. The job role must be consistent with the nature of the Employment Visa, and the applicant should have the necessary academic or professional background. For instance, roles in customer service or agricultural work generally do not qualify for the Employment Visa. Instead, positions demanding specialized knowledge or skills are required. The applicant’s academic or professional background should match the job role.

English Language Schools or Other Language Class Instructors:

If the applicant is a university graduate, they might be eligible for an Employment Visa (“Engineer/Specialist in Humanities/International Services”). However, for non-incorporated language schools, it’s not straightforward. Strategies vary per case.

Duty-Free Shop Salespersons with Foreign Language Skills:

University graduates may qualify for an Employment Visa (“Engineer/Specialist in Humanities/International Services”). Factors such as shop size, necessity for inbound customer service, and the extent of translation/interpretation duties play a role.

General Corporations (Sales, Trade, Interpretation, Translation, etc.):

University graduates might be eligible. Even if the company is small or newly established, if there’s ample evidence of trade or sales tasks, there’s a good chance for visa approval.

Hotel Front Desk Jobs:

If employed primarily for front desk roles and if the applicant is a university graduate, they might be eligible. The hotel’s size, need for inbound services, and the volume of front desk duties, especially those requiring interpretation/translation, are crucial.

Necessity of Returning to Home Country Based on Nationality:

Whether a return to the home country is required when switching from a Working Holiday to an Employment Visa depends on the applicant’s nationality.

  • Countries NOT requiring departure during the visa transition:
    Australia, Canada, South Korea, New Zealand, Germany
  • Countries typically requiring departure:
    All other countries with a Working Holiday agreement other than the five countries mentioned above.

In essence, nationals from the UK, France, Taiwan, and Hong Kong must return to their countries after the Working Holiday period, as the direct transition to an Employment Visa within Japan isn’t officially sanctioned.

If you were to inquire at the Immigration Bureau, you would find that, as a general rule, Taiwanese nationals must return to their home country. The Immigration Bureau states that “Taiwanese individuals, due to bilateral agreements, cannot transition from a Working Holiday to a visa related to Technical Skills, Humanities/Knowledge, or International Services.” When an application was made to the Tokyo Immigration Bureau to change from a Working Holiday visa to “Engineer/Specialist in Humanities/International Services” visa for a Taiwanese individual, it was declared that the change request was not acceptable. However, they do accept the Certificate of Eligibility (COE). Interestingly, for the COE application, the applicant doesn’t need to return to their home country immediately. As long as they still have some residency period left on their current visa, they can apply for the COE while in Japan. But since the Working Holiday is based on a bilateral agreement, once the COE is issued, the Taiwanese individual must submit it to the association in Taiwan, meaning they must return to Taiwan at some point.

On the other hand, there are countries where one doesn’t need to leave Japan during the visa transition from Working Holiday. The reason for this is that the Working Holiday visa is granted based on agreements between specific countries. Within these countries, specific nations have agreements that allow a smooth transition from the Working Holiday visa to an Employment visa, namely Australia, New Zealand, Canada, Germany, and South Korea. For these countries, the transition request can be made without issues. However, for countries outside these five, the transition to an Employment visa isn’t traditionally allowed by the agreement. The Working Holiday is a special permission granted according to bilateral agreements, and changing from a Working Holiday visa to an Employment visa would be considered a unilateral change without the consent of the other country. Therefore, for applicants from countries outside the aforementioned five, they generally must return to their home country first to obtain the COE.

When should you apply?

Applications can be made any time before the Working Holiday visa expires. If the visa expires during the Employment Visa application process, the applicant doesn’t need to leave Japan immediately. They can stay up to two months after their Working Holiday visa expiry date, awaiting the result. However, for a COE application, one must return to their home country before the Working Holiday visa expires. It’s recommended to delegate interactions with the Immigration Bureau to a Gyoseishoshi immigration lawyer during this period.

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