Ministerial Order to Provide for Criteria Pursuant to Article 7, Paragraph (1), Item (ii) of the Immigration Control and Refugee Recognition Actparagraph (1)
The criteria prescribed in Article 7, paragraph (1), item (ii) of the Immigration Control and Refugee Recognition Act (hereinafter referred to as "the Act") are to be as listed in the right-hand column of the following Table, in accordance with the activities listed in the left-hand column of the same Table which the person who has made the application as set forth in Article 6, paragraph (2) of the Act (hereinafter referred to as "applicant") seeks to engage in Japan.
Activities Criteria
Activities listed in item (i) in the right-hand column under "Highly Skilled Professional" of the Appended Table I (2) of the Act The applicant falls under all of the following requirements in addition to fulfilling the criteria listed in Article 1, paragraph (1) of the Ministerial Order for Defining the Criteria in the Right-Hand Column of the Entry for Highly Skilled Professional in the Appended Table I(2) of the Immigration Control and Refugee Recognition Act (Ministry of Justice Order No. 37 of 2014).
(i) The applicant falls under any of the following requirements:
(a) the activities which the applicant seeks to engage in Japan fall under any of the activities listed in the right-hand column corresponding to the categories under "Professor" to "Journalist" specified in the Appended Table I (1) of the Act;
(b) the activities which the applicant seeks to engage in while in Japan fall under any of the activities listed in the right-hand column corresponding to the categories under "Business Manager" to "Skilled Labor" specified in the Appended Table I (2) of the Act, and fulfill the criteria listed in the right-hand column corresponding to the relevant activities in this Table;
(ii) the activities which the applicant seeks to engage in Japan are not cases considered to be inappropriate from the perspective of influencing Japanese industries and lives of Japanese citizens.
Activities listed in the right-hand column under "Business Manager" of the Appended Table I (2) of the Act The applicant falls under all of the following requirements:
(i) a business office for the purpose of conducting the business pertaining to the application exists in Japan; provided, however, that if the business has not been commenced, facilities to be used as a business office for the purpose of conducting the business have been secured in Japan;
(ii) the size of the business pertaining to the application falls under all of the following requirements:
(a) the business is conducted by full-time employees residing in Japan (except for foreign nationals residing in Japan with a status of residence listed in the left-hand column of the Appended Table I of the Act) other than those who operate or manage the business;
(b) the total amount of property used for the business pertaining to the application (including the amount of the stated capital and the total amount of the contribution) is 30 million yen or more;
(iii) any one of the persons who operate the business pertaining to the application or engage in that business (excluding persons who are not full-time) is a person who has an ability at or above the level at which a person can understand and use Japanese in a highly independent manner, and who is to reside in Japan at the time when the applicant operates that business or engages in the management of that business;
(iv) The applicant falls under any of the following requirements:
(a) the applicant has a doctoral degree, master's degree, or professional degree (meaning the professional degree prescribed in Article 5-2 of the Degree Regulations (Ministry of Education Order No. 9 of 1953), and including an equivalent degree conferred in a foreign country) in the field of business management or in a field related to the skills or knowledge necessary for the duties of the business pertaining to the application;
(b) the applicant has 3 years or more of experience in operating or managing a business (including, where the applicant has a period of stay in Japan with the status of residence of "Designated Activities" (limited to that designated for activities that include, among the activities specified by public notice under Article 7, paragraph (1), item (ii) of the Act, activities of securing a business office and performing other preparatory acts necessary to start managing a trade or other business in Japan), that period);
(v) if the applicant seeks to engage in the management of a business, the applicant is to receive a remuneration equivalent to or greater than that a Japanese national receives for the same work.
Activities listed in the right-hand column under "Legal/Accounting Services" of the Appended Table I (2) of the Act The applicant engages in duties as an attorney at law, judicial scrivener, land and building surveyor, registered foreign lawyer, certified public accountant, foreign certified public accountant, certified public tax accountant, labor and social security attorney, patent attorney, marine procedure commission agent, or administrative scrivener.
Activities listed in the right-hand column under "Medical Services" of the Appended Table I (2) of the Act (i) The applicant engages in duties as a physician, dentist, pharmacist, public health nurse, birthing assistant, registered nurse, practical nurse, dental hygienist, radiological technologist, physical therapist, occupational therapist, certified orthoptist, clinical engineering technologist, or prosthetist and orthotist, receiving a remuneration equal to or greater than that a Japanese national receives for the same work;
(ii) if the applicant seeks to engage in duties as a practical nurse, the applicant performs their duties as training within a period not exceeding 4 years from the date of receipt of the license to practice as a practical nurse in Japan;
(iii) if the applicant seeks to engage in duties as a pharmacist, dental hygienist, radiological technologist, physical therapist, occupational therapist, certified orthoptist, clinical engineering technologist, or prosthetist and orthotist, the applicant is invited to engage in duties by a Japanese medical institution or pharmacy.
Activities listed in the right-hand column under "Researcher" of the Appended Table I (2) of the Act The applicant falls under all of the following requirements; provided, however, that this does not apply to cases in which the applicant seeks to engage in research based on a contract with an organization of the national or local government; a corporation established directly pursuant to Japanese law or a corporation established through a special act of establishment pursuant to a special Japanese law; a corporation established pursuant to a special Japanese law whose establishment requires the approval of a government agency, or an incorporated administrative agency (meaning an incorporated administrative agency as prescribed in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999); the same applies hereinafter); or a corporation which is operated by funds granted by the national government, a local government, or an incorporated administrative agency and specified by the Minister of Justice in public notice.
(i) after graduating from a university (except for a junior college) or acquiring an education equivalent thereto, or completing a specialized course of study or a diploma course at an advanced vocational school in Japan (limited to cases that fall under the requirements designated in public notice issued by the Minister of Justice regarding the completion), the applicant has a master's degree or 3 years or more of experience (including the period during which the applicant conducted research at a graduate school) in a field of research related to that which the applicant seeks to engage in; or the applicant has 10 years or more of experience in the field of research which the applicant seeks to engage in (including the period of research during which the applicant conducted research at a university); provided, however, that this does not apply to cases in which the applicant seeks to engage in research in a business office in Japan to which the applicant has been transferred for a limited period of time from a business office established in a foreign country by a public or private organization which has a head office, branch office, or other business offices in Japan, and when the applicant was employed at the main office, branch office, or other offices outside of Japan immediately prior to their transfer to Japan during which time the applicant was engaged in duties that come under the category of "Researcher" as listed in the right-hand column of the Appended Table I (2) of the Act, and where the period was for a continuous period of one year or more (if the applicant has engaged in research at a business office in Japan with the status of residence of "Researcher," the total period with that period added);
(ii) the applicant is to receive a remuneration equivalent to or greater than that a Japanese national receives for the same work.
Activities listed in the right-hand column under "Instructor" of the Appended Table I (2) of the Act (i) If the applicant is to engage in education at a miscellaneous school or an equivalent educational institution in terms of facilities and organization, or if the applicant is to engage in education at a school other than those schools in a capacity other than that of a teacher, the applicant is to fall under all of the following requirements; provided, however, that if the applicant is to engage in education at a miscellaneous school or an equivalent educational institution in terms of facilities and organization which has been established to provide primary or secondary education in a foreign language to children residing in Japan with the status of residence of "Diplomat" or "Official" as listed in the Appended Table I (1) of the Act or "Dependent" as listed in the Appended Table I (4) of the Act, the applicant needs to only fall under requirement (a);
(a) The applicant falls under any of the following requirements:
(1) the applicant has graduated from a university or acquired an education equivalent thereto;
(2) the applicant has completed a specialized course of study or a diploma course at an advanced vocational school in Japan (limited to cases that fall under the requirements specified by the Minister of Justice in public notice regarding the completion) majoring in a subject pertaining to the skills and knowledge necessary for teaching the subject;
(3) the applicant holds a license on the subject that it seeks to teach.
(b) When the applicant seeks to teach a foreign language, the applicant has acquired an education in the language for 12 years or more. When the applicant is to teach any other subject, the applicant has 5 years or more of experience teaching that subject at an educational institution;
(ii) the applicant is to receive a remuneration equivalent to or greater than that a Japanese national receives for the same work.
Activities listed in the right-hand column under "Engineer/Specialist in Humanities/ International Services" of the Appended Table I (2) of the Act The applicant falls under all of the following requirements; provided, however, that this does not apply to cases where the applicant seeks to engage in services related to agency associated with the proceedings, etc. in an international arbitration case and the proceedings in an international conciliation case provided for in Article 98 of the Act on the Handling of Legal Services by Foreign Lawyers (Act No. 66 of 1986);
(i) if the applicant seeks to engage in services that require skills or knowledge in the field of natural science or humanities, the applicant falls under any of the following requirements, and has acquired the skills and knowledge necessary for the duties; provided, however, that this does not apply if the applicant seeks to engage in duties that require skills and knowledge pertaining to information processing and has passed an examination related to information processing technology specified by the Minister of Justice in public notice or holds a qualification related to information processing technology specified by the Minister of Justice in public notice;
(a) the applicant has graduated from a university having majored in a subject related to the skills or knowledge, or has acquired an education equivalent thereto;
(b) the applicant has completed a specialized course of study or a diploma course at an advanced vocational school in Japan majoring in a subject related to the skills or knowledge (limited to cases where the applicant fulfills the requirements specified by the Minister of Justice in public notice regarding the completion);
(c) the applicant has 10 years or more of practical experience (including the period during which the applicant majored in a subject related to the skills or knowledge at a university, technical college, senior high school, the upper course at a school for secondary education or a specialized course of study or a diploma course at an advanced vocational school);
(ii) if the applicant seeks to engage in services that require ways of thinking or sensibilities that have the foundation in a foreign culture, the applicant is to fall under all of the following requirements:
(a) the applicant is to engage in translation, interpretation, language instruction, public relations, advertising or overseas transactions, fashion or interior designs, product development, or other similar services;
(b) the applicant has 3 years or more of experience in the services related to the services it seeks to engage in; provided, however, that this does not apply if the applicant who has graduated from university is to engage in translation, interpretation, or language instruction;
(iii) the applicant is to receive a remuneration equivalent to or greater than that a Japanese national receives for the same work.
Activities listed in the right-hand column under "Intra-Company Transferee" of the Appended Table I (2) of the Act The applicant falls under all of the following requirements:
(i) immediately prior to the transfer pertaining to the application, the applicant has engaged in the services listed in the right-hand column corresponding to "Engineer/Specialist in Humanities/International Services" specified in the Appended Table I (2) of the Act at the main office, branch office, or other offices outside of Japan, for a continuous period of one year or more (if the applicant engaged in the duties at a business office in Japan of a public or private organization with a business office outside of Japan with the status of residence of "Intra-company Transferee," the total period with the period added);
(ii) the applicant is to receive a remuneration equivalent to or greater than that a Japanese national receives for the same work.
Activities listed in the right-hand column under "Nursing Care" of the Appended Table I (2) of the Act The applicant falls under all of the following requirements:
(i) in the case where the applicant falls under Article 40, paragraph (2), item (v) of the Certified Social Worker and Certified Care Worker Act (Act No. 30 of 1987) or Article 21, item (iii) of the Ordinance for Enforcement of the Certified Social Worker and Certified Care Worker Act (Ministry of Health and Welfare Order No. 49 of 1987), and has engaged in the activities listed in the right-hand column under "Technical Intern Training" of the Appended Table I (2) of the Act, the applicant is found to endeavor to transfer to the applicant's home country the skills, etc. acquired, mastered, or become proficient in Japan through those activities;
(ii) the applicant is to receive a remuneration equivalent to or greater than that a Japanese national receives for the same work.
Activities listed in the right-hand column under "Entertainer" of the Appended Table I (2) of the Act (i) If the applicant seeks to engage in activities related to the performance of theatrical activities, popular entertainment, singing, dancing, or playing a musical instrument (hereinafter referred to as "acting performances, etc."), the applicant falls under any of the following requirements:
(a) the activities are to be conducted at a facility other than a facility that operates a business prescribed in Article 2, paragraph (1), items (i) to (iii) of the Act on Control and Improvement of Amusement Business (Act No. 122 of 1948; hereinafter referred to as the "Amusement Business Act"), based on a contract concluded with a public or private organization in Japan that falls under all of the following requirements:
(1) the operator or manager of the organization has a total of 3 years or more of experience in performance involving foreign nationals;
(2) the operator or the full-time employees of the organization do not fall under any of the following categories:
(i) a person who has committed human trafficking or incited or aided another person to commit human trafficking;
(ii) a person who has, in the past 5 years, engaged in any of the acts listed in Article 24, item (iii)-4, (a) through (c) of the Act, or incited or aided another person to engage in any of those acts;
(iii) a person who has forged or altered a document or drawing; has prepared a false document or drawing; has used, possessed or offered a forged, altered, or a false document or drawing; or has incited or aided another person to engage in any of those acts for the purpose of helping a foreign national illegally obtain a certificate pursuant to the provisions of Chapter III, Section 1 or 2 of the Act, a seal of verification for landing (including the recorded information pursuant to the provisions of Article 9, paragraph (4) of the Act; the same applies hereinafter) or permission, permission for landing pursuant to the provisions of Section 4 of that Chapter, or permission pursuant to the provisions of Chapter IV, Section 1 or 2, or Chapter V, Section 3-2 of the Act, in relation to the business activities of the relevant organization in the past 5 years;
(iv) a person who has been sentenced to punishment for violation of the provisions of Articles 74 to 74-8 of the Act, or Articles 6 to 13 of the Anti-Prostitution Act (Act No. 118 of 1956) and for whom 5 years have not passed since the completion of the sentence or since the day on which the person ceased to be subject to the execution of the sentence;
(v) a person who is a member of an organized crime group as prescribed in Article 2, item (vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) (hereinafter referred to as "member of an organized crime group") or for whom 5 years have not passed since the person ceased to be a member of an organized crime group;
(3) the organization has paid the whole remuneration that it has been obliged to pay to foreign nationals residing in Japan under the status of residence of "Entertainer" based on contracts concluded by the organization in the past 3 years;
(4) in addition to what is provided for in (1) through (3), the organization has the ability to properly perform duties related to performances involving foreign nationals;
(b) the activities which the applicant seeks to engage in fall under any of the following requirements:
(1) the activities are acting performances, etc. organized by an organization of the national or local government, a corporation directly established pursuant to the provisions of Japanese laws, or a corporation established pursuant to the provisions of a special Japanese law through special acts of establishment, or are conducted at a school, an advanced vocational school, or a miscellaneous school as prescribed by the School Education Act (Act No. 26 of 1947);
(2) the activities are hosted by a public or private organization in Japan which has been established with funds from the national government, a local government, or an incorporated administrative agency, for the purpose of cultural exchanges between Japan and foreign countries;
(3) the activities are conducted at a facility of 100,000 square meters or more in site area where foreign nationals engage in acting performances, etc. at all times in order to attract tourists, using the sights or culture of a foreign country as a theme;
(4) the activities are conducted at a facility in which food and drink are not served for profit at the seats in the theater and where serving customers (meaning serving customers as prescribed in Article 2, paragraph (3) of the Amusement Business Act; the same applies hereinafter) is not provided (limited to a facility managed by a public or private non-profit organization in Japan or a facility whose seating area has a capacity of 100 or more);
(5) the remuneration obtained from the performance (in the case of a group performance, the total remuneration for the group) is 500,000 yen or more per day, and the activities are conducted while residing in Japan for a period not exceeding 30 days;
(c) the activities which the applicant seeks to engage in fall under all of the following requirements:
(1) the applicant falls under any of the following requirements for the activities which the applicant seeks to engage in; provided, however, that this does not apply to cases in which the applicant's total remuneration for the performance (in the case of a group, the group's total remuneration for the performance) amounts to 5 million yen or more for one day;
(i) the applicant has spent 2 years or more at an educational institution outside Japan majoring in subjects pertaining to the activities;
(ii) the applicant has 2 years or more of experience outside Japan in the activities;
(2) the applicant seeks to engage in activities related to acting performances, etc. based on a contract (limited to a contract which clearly specifies that the relevant organization bears the obligation of paying a remuneration of 200,000 yen or more per month to the applicant; hereinafter referred to as a "performance contract" in this item) with an organization in Japan which fulfills all of the following requirements; provided, however, that this does not apply to cases in which the applicant seeks to engage in activities related to singing, dancing, or playing a musical instrument pertaining to the music of a foreign culture at an eating establishment that mainly serves food of the foreign culture (except for establishments that engage in business as prescribed in Article 2, paragraph (1), item (i) of the Amusement Business Act) based on a contract with the organization that operates the establishment, wherein the applicant receives a remuneration of 200,000 yen or more per month;
(i) the operator or manager of the organization has a total of 3 years or more of experience in performance involving foreign nationals;
(ii) the organization employs 5 or more full-time employees;
(iii) the operator or the full-time employees of the organization do not fall under any of the following categories:
(a) a person who has committed human trafficking or incited or aided another person to commit human trafficking;
(b) a person who has, in the past 5 years, engaged in any of the acts listed in Article 24, item (iii)-4, (a) through (c) of the Act, or incited or aided another person to engage in any of those acts;
(c) a person who has forged or altered a document or drawing; has prepared a false document or drawing; has used, possessed or offered a forged, altered, or a false document or drawing; or has incited or aided another person to engage in any of those acts for the purpose of helping a foreign national illegally obtain a certificate pursuant to the provisions of Chapter III, Section 1 or 2 of the Act, a seal of verification for landing or permission, permission for landing pursuant to the provisions of Section 4 of that Chapter, or permission pursuant to the provisions of Chapter IV, Section 1 or 2, or Chapter V, Section 3-2 of the Act, in relation to the business activities of the relevant organization in the past 5 years;
(d) a person who has been subject to punishment for crime under the provisions of Articles 74 through 74-8 of the Act, or Articles 6 to 13 of the Anti-Prostitution Act, and for whom 5 years have not passed since the completion of the sentence or since the date on which the person ceased to be subject to the execution of the sentence;
(e) a person who is a member of an organized crime group or for whom 5 years have not passed since the person ceased to be a member of an organized crime group;
(iv) the organization has paid the whole remuneration that it has been obliged to pay to foreign nationals residing in Japan under the status of residence of "Entertainer" based on performance contracts concluded by the organization in the past 3 years;
(3) the establishment in which the performances stated in the application are to take place fulfills all of the following requirements; provided however, that this does not apply if in the establishment, no person other than the applicant engages in activities related to entertainment with the status of residence of "Entertainer," in which case the establishment must fulfill the requirement in (vi);
(i) an establishment which engages foreign nationals as entertainers for an audience of many and unspecified persons;
(ii) if the establishment is classified as a place operating a business as prescribed in Article 2, paragraph (1), item (i) of the Amusement Business Act, all of the following requirements are fulfilled:
(a) there are 5 or more employees who exclusively engage in serving customers;
(b) it is found that persons residing in Japan under the status of residence of "Entertainer" who engage in activities related to performances will not take part in serving customers;
(iii) there is a stage of 13 square meters or more;
(iv) there is a room for performers with an area of 9 square meters (if there are more than 5 performers, the area obtained by adding 1.6 square meters for each performer in excess of 5 to 9 square meters) or more;
(v) the establishment has 5 or more employees;
(vi) the operator of the organization which operates the establishment and the full-time employees engaged in the operations of the establishment do not come under any of the following categories:
(a) a person who has committed human trafficking or incited or aided another person to commit human trafficking;
(b) a person who has, in the past 5 years, engaged in any of the acts listed in Article 24, item (iii)-4, (a) through (c) of the Act, or incited or aided another person to engage in any of those acts;
(c) a person who has forged or altered a document or drawing; has prepared a false document or drawing; has used, possessed or offered a forged, altered, or a false document or drawing; or has incited or aided another person to engage in any of those acts for the purpose of helping a foreign national illegally obtain a certificate pursuant to the provisions of Chapter III, Section 1 or 2 of the Act, a seal of verification for landing or permission, permission for landing pursuant to the provisions of Section 4 of that Chapter, or permission pursuant to the provisions of Chapter IV, Section 1 or 2, or Chapter V, Section 3-2 of the Act, in relation to the business activities of the relevant organization in the past 5 years;
(d) a person who has been subject to punishment for crime under the provisions of Articles 74 through 74-8 of the Act, or Articles 6 to 13 of the Anti-Prostitution Act, and for whom 5 years have not passed since the completion of the sentence or since the date on which the person ceased to be subject to the execution of the sentence;
(e) a person who is a member of an organized crime group or for whom 5 years have not passed since the person ceased to be a member of an organized crime group;
(ii) if the applicant seeks to engage in activities related to performances other than acting performances, etc., the applicant receives a remuneration equivalent to or greater than that a Japanese national receives for the same work;
(iii) if the applicant seeks to engage in show business activities other than those related to performances, the applicant engages in any of the following activities and receives a remuneration equivalent to or greater than that a Japanese national receives for the same work:
(a) activities related to the advertisement of goods or businesses;
(b) activities related to the production of broadcast programs (including cable broadcast programs) or movies;
(c) activities related to commercial photo shoots;
(d) activities for recording sound or images on commercial records, videotapes, or other recording media.
Activities listed in the right-hand column under "Skilled Labor" of the Appended Table I (2) of the Act The applicant falls under any of the following categories and receives a remuneration equivalent to or greater than that a Japanese national receives for the same work:
(i) a person who engages in the duties of preparing cuisine or producing foods that require skills which were devised overseas and that are of special quality in Japan, and who falls under any of the following categories (except for persons listed in item (ix)):
(a) a person with 10 years or more of business experience using the skills (including the period of time spent studying at an educational institution in a foreign country majoring in subjects related to the preparation of the cuisine or production of the foods);
(b) a person to whom the provisions of Annex 7, Part 1, A, Section 5, subparagraph 1 (c) of the Agreement between Japan and the Kingdom of Thailand for an Economic Partnership applies;
(ii) a person with 10 years or more of business experience (if the person is to engage in duties under the guidance of a foreign national who has 10 years or more of business experience, 5 years or more) using skills related to architecture or civil engineering characteristic of a foreign country (including the period of time spent studying at an educational institution in a foreign country majoring in subjects related to the architecture or civil engineering) who is to engage in duties that require the skills;
(iii) a person with 10 years or more of business experience using skills for manufacturing or repairing products characteristic of a foreign country (including the period of time spent studying at an educational institution in a foreign country majoring in subjects related to the manufacturing or repairing the products) who is to engage in duties that require the skills;
(iv) a person with 10 years or more of business experience using skills related to the processing of gems, precious metals, or fur (including the period of time spent studying at an educational institution in a foreign country majoring in subjects related to such processing) who is to engage in services that require the skills;
(v) a person with 10 years or more of business experience using skills related to animal training (including the period of time spent studying at an educational institution in a foreign country majoring in subjects related to animal training) who is to engage in services that require the skills;
(vi) a person with 10 years or more of business experience using skills related to seabed drilling for oil exploration, drilling for geothermal development, or marine geological survey for marine mineral exploration (including the period of time spent studying at an educational institution in a foreign country majoring in subjects related to seabed drilling for oil exploration, drilling for geothermal development, or marine geological survey for marine mineral exploration) who is to engage in services that require the skills;
(vii) a person with 250 hours or more of flight experience using skills related to piloting an aircraft, who is to engage in duties as a pilot of an aircraft used for air transport business as prescribed in Article 2, paragraph (18) of the Civil Aeronautics Act (Act No. 231 of 1952);
(viii) a person with 3 years or more of business experience using skills related to coaching a sport (including the period of time spent studying at an educational institution in a foreign country majoring in subjects related to coaching the sport, and the period of time spent engaging in this sport for remuneration) or a person specified by the Minister of Justice in public notice as equivalent thereto, who is to engage in duties that require the skills; or a person who has participated as a competitor in an international sports competition such as the Olympics or a world championship competition and who is to engage in duties that require skills related to coaching the sport;
(ix) a person with 5 years or more of business experience using skills related to the appraisal, evaluation, and preservation of a wine quality, and to the service of wine (hereinafter referred to as "wine appraisal, etc.") (including the period of time spent studying at an educational institution in a foreign country majoring in subjects related to wine appraisal, etc.) who falls under any of the following categories and is to engage in duties that require the skills:
(a) a person who has achieved excellent results in a competition concerning skills related to wine appraisal, etc. held on an international scale (hereinafter referred to as "international sommelier competition");
(b) a person who has entered an international sommelier competition (limited to those that restrict the number of competitors to one person per country);
(c) a person who has the qualification on skills on wine appraisal, etc., certified by a national (including a foreign government) or local government (including foreign local governments), or by a public or private organization equivalent thereto, that is specified by the Minister of Justice in public notice.
Activities listed in item (i) of the right-hand column under "Specified Skilled Worker" of the Appended Table I (2) of the Act The employment contract for a specified skilled worker pertaining to the applicant conforms to the provisions of Article 2-5, paragraphs (1) and (2) of the Act, the public and private organizations in Japan that are the other party to the employment contract for a specified skilled worker conform to the provisions of paragraphs (3) and (4) of the same Article, and the support plan for specified skilled workers (i) pertaining to the applicant conforms to the provisions of paragraphs (6) and (7) of the same Article, and in addition, the applicant also falls under all of the following items:
(i) the applicant falls under all of the following sub-items; provided, however, that if the applicant is a person who has successfully completed either the individual-enterprise-type technical intern training (ii) provided for in Article 2, paragraph (2), item (ii) of the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees (Act No. 89 of 2016) or the supervising-organization-type technical intern training (ii) provided for in paragraph (4), item (ii) of the same Article, and the skills acquired in the completed technical intern training are found to have relevance with the skills required for the work which the applicant seeks to engage in, the applicant is not required to fall under (c) and (d);
(a) the applicant is 18 years of age or above;
(b) the applicant's state of health is good;
(c) the fact that the applicant has skills that require a considerable extent of knowledge or experience necessary for the duties they are to engage in has been demonstrated through an examination or other evaluation methods;
(d) the fact that the applicant has the necessary Japanese language skills for living in Japan and the Japanese language skills required for the duties they are to engage in has been demonstrated through an examination or other evaluation methods;
(e) the applicant possesses a passport issued by an organization with authority of the foreign government or region specified by the Minister of Justice in public notice that it will cooperate with the smooth enforcement of deportation orders (meaning the region specified in Article 1 of the Immigration Control and Refugee Recognition Act Enforcement Order (Cabinet Order No. 178 of 1998); the same applies hereinafter);
(f) in the case of a person who has resided in Japan with the status of residence of "Specified Skilled Worker" (limited to that pertaining to item (i) of the right-hand column of "Specified Skilled Worker" of the Appended Table I (2) of the Act), the period of residence with that status of residence (excluding any period during which the person was unable to engage in work due to pregnancy, childbirth, child-rearing, or other unavoidable circumstances) has not reached a cumulative total of five years (six years, where there are reasonable grounds for residing with that status of residence for more than five years);
(ii) in relation to the activities in Japan of the applicant based on the employment contract for a specified skilled worker, the applicant, their spouse, lineal relative or relative living together with the applicant or any other person who has a close relationship with the applicant in terms of social life does not have their money or other property controlled by another person, whether through the collection of security money or under any other pretext, and a contract stipulating penalties with regard to non-performance of an employment contract for a specified skilled worker or other contracts that wrongfully prearrange the transfer of money or other properties are not concluded, and are expected not to be concluded;
(iii) if the applicant has paid expenses to a foreign organization for acting as an agent in applying for an employment contract for a specified skilled worker or for preparation of the activities listed in item (i) of the right-hand column of "Specified Skilled Worker" in the Appended Table I (2) of the Act in a foreign country, the applicant has fully understood the amount of the expenses and its breakdown in entering into an agreement with the relevant organization;
(iv) in the country or region where the applicant has a nationality or address, the applicant has taken the procedures in the cases where that country or region has established procedures that should be observed in relation to the activities to be engaged in by the applicant in Japan;
(v) with regard to the regular expenses borne by the applicant for meals, accommodation or other expenses regardless of the purpose, the applicant has fully understood the content of the meals, accommodation and other benefits provided in return for the expenses in entering into an agreement, and the amount of the expenses is an amount corresponding to the actual expenses or another appropriate amount, and a detailed statement of the expenses and other documents are to be presented;
(vi) beyond what is provided for in the preceding items, for matters pertaining to specified industrial fields designated by the Minister of Justice in public notice, it conforms to the criteria specified by the head of the relevant administrative organization with jurisdiction over the specified industrial field in public notice in light of circumstances specific to the industrial field following discussions with the Minister of Justice.
Activities listed in item (ii) of the right-hand column under "Specified Skilled Worker" of Appended Table I (2) of the Act The employment contract for a specified skilled worker pertaining to the applicant conforms to the provisions of Article 2-5, paragraphs (1) and (2) of the Act, and the public and private organizations in Japan which are the other party to the employment contract for a specified skilled worker conform to paragraph (3) (excluding item (ii)) and paragraph (4) of the same Article, and the applicant falls under all of the following items:
(i) the applicant falls under all of the following requirements:
(a) the applicant is 18 years of age or above;
(b) the applicant's state of health is good;
(c) the fact that the applicant has expert skills necessary for the duties they are to engage in has been demonstrated through an examination or other evaluation methods;
(d) the applicant has a passport issued by an organization with authority of the foreign government or region specified by the Minister of Justice in public notice that it will cooperate with the smooth enforcement of deportation orders;
(ii) in relation to the activities in Japan of the applicant based on the employment contract for a specified skilled worker, the applicant, their spouse, lineal relative or relative living together with the applicant or any other person who has a close relationship with the applicant in terms of social life does not have their money or other property controlled by another person, whether through the collection of security money or under any other pretext, and a contract stipulating penalties with regard to non-performance of an employment contract for a specified skilled worker or other contracts that wrongfully prearrange the transfer of money or other properties are not concluded, and are expected not to be concluded;
(iii) if the applicant has paid expenses to a foreign organization for acting as an agent for an employment contract for a specified skilled worker or for preparation of the activities listed in item (ii) of the right-hand column of "Specified Skilled Worker" in the Appended Table I (2) of the Act in a foreign country, the applicant has fully understood the amount of the expenses and its breakdown in entering into an agreement with the relevant organization;
(iv) in the country or region where the applicant has a nationality or address, the applicant has taken the procedures in the cases where that country or region has established procedures that should be observed in relation to the activities to be engaged in by the applicant in Japan;
(v) with regard to the regular expenses borne by the applicant for meals, accommodation or other expenses regardless of the purpose, the applicant has fully understood the content of the meals, accommodation and other benefits provided in return for the expenses in entering into an agreement, and the amount of the expenses is an amount corresponding to the actual expenses or another appropriate amount, and a detailed statement of the expenses and other documents are to be presented;
(vi) for a person who has resided in Japan with a status of residence of "Technical Intern Training," it is found that the person will endeavor to transfer to their own country, the skills that they acquired, mastered or became an expert in while in Japan through activities based on the status of residence;
(vii) beyond what is provided for in the preceding items, for matters pertaining to specified industrial fields designated by the Minister of Justice in public notice, it conforms to the criteria specified by the head of the relevant administrative organization with jurisdiction over the specified industrial field in public notice in light of circumstances specific to the industrial field following discussions with the Minister of Justice.
Activities listed in the right-hand column under "Technical Intern Training" of the Appended Table I (2) of the Act The technical intern training plan pertaining to the activities the foreign national seeks to engage in while in Japan (meaning the technical intern training plan provided for in Article 8, paragraph (1) of the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees) has received the accreditation set forth under the same paragraph.
Activities listed in the right-hand column under "Student" of the Appended Table I (4) of the Act (i) the applicant falls under any of the following categories:
(a) the applicant is to enter and study at a university or an equivalent educational institution, a technical college, or a specialized course of study or a diploma course at an advanced vocational school in Japan (excluding cases in which the applicant is to exclusively receive Japanese language education (meaning the Japanese language education prescribed in Article 1 of the Act on the Accreditation, etc. of Japanese Language Educational Institutions to Ensure the Proper and Reliable Provision of Japanese Language Education (Act No. 41 of 2023; hereinafter referred to as the "Japanese Language Educational Institution Accreditation Act"); hereinafter the same applies in this section) and cases in which the applicant is to exclusively study at a night school or through education by correspondence);
(b) the applicant enters a university in Japan and exclusively studies in a night school course offered by a graduate school which holds classes at the university at night;
(c) the applicant enters and exclusively receives Japanese language education at a university or an equivalent educational institution, a technical college, or a specialized course of study or a diploma course at an advanced vocational school in Japan, or enters and studies at a senior high school (excluding part-time courses but including the upper course at a school for secondary education; hereinafter the same applies in this section), the senior high school course of a special needs school, a junior high school (including the upper course at a compulsory education school and the lower course at a school for secondary education; hereinafter the same applies in this section) or a junior high school course of a special needs school, an elementary school (including the lower course at a compulsory education school; hereinafter the same applies in this section) or an elementary school course of a special needs school, an upper secondary course or a general course at an advanced vocational school, or a miscellaneous school or an equivalent educational institution in terms of facilities and organization (excluding cases in which the applicant exclusively studies at a night school or through education by correspondence);
(ii) the applicant has sufficient assets, scholarships, or other means to pay the expenses necessary for daily life while in Japan; provided, however, that this does not apply to cases in which a person other than the applicant pays the applicant's living expenses;
(ii)-2 the educational institution at which the applicant seeks to receive education has put in place a system to properly manage the attendance of foreign nationals who receive education at that educational institution, their compliance with the provisions of Article 19, paragraph (1) of the Act, their state of learning, etc.;
(iii) if the applicant is to exclusively attend courses as a research student or an audit student to receive education, the applicant falls under item (i), sub-item (a) or (b), admitted to the school based on an entrant selection by the educational institution, and audits 10 hours or more of classes a week at the educational institution;
(iv) if the applicant seeks to study at a senior high school, the applicant is 20 years of age or younger, and has received Japanese language education or education in the Japanese language for one year or more at an educational institution; provided, however, that this does not apply if the applicant seeks to study through being accepted as a student based on a student exchange plan or based on other equivalent international exchange plan formulated by an organization of the Japanese national or local government, an incorporated administrative agency, incorporated national university, educational corporation, incorporated public interest association, or incorporated public interest foundation;
(iv)-2 if the applicant seeks to study at a junior high school, the junior high school course of a special needs school, an elementary school, or the elementary school course of a special needs school, the applicant falls under all of the following requirements; provided, however, that if the applicant seeks to study through being accepted as a student or pupil based on a student exchange plan or other equivalent international exchange plan formulated by an organization of the Japanese national or local government, incorporated administrative agency, incorporated national university, educational corporation, incorporated public interest association, or incorporated public interest foundation, the applicant is not required to fall under the requirements of (a) and (b):
(a) if the applicant seeks to study at a junior high school, the applicant is 17 years of age or younger;
(b) if the applicant seeks to study at an elementary school, the applicant is 14 years of age or younger;
(c) there is a person in Japan who is a guardian for the applicant;
(d) the educational institution in which the applicant seeks to study has a full-time employee who is in charge of assisting the daily life of foreign students or pupils;
(e) a dormitory where an employee is stationed or other accommodation facilities where the applicant is able to engage in daily living without any hindrance are secured;
(v) if the applicant seeks to study at an advanced vocational school or miscellaneous school (excluding cases in which the applicant seeks to exclusively receive Japanese language education), the applicant falls under both of the following requirements; provided, however, that if the applicant is to engage in activities of receiving education in an educational institution which has been established for the purpose of providing primary or secondary education in a foreign language by having a considerable number of foreign nationals from abroad enter the institution, the applicant is not required to fulfill the requirement in (a):
(a) the applicant is a person who has received Japanese language education for 1 year or more in an educational institution that conducts Japanese language education for foreign nationals and is specified by the Minister of Justice in public notice by hearing the opinion of the Minister of Education, Culture, Sports, Science and Technology (hereinafter referred to as a "Japanese language educational institution designated by public notice" in this section) or in a course for international students (meaning the course for international students prescribed in Article 2, paragraph (1) of the Standards for the Accreditation of Japanese Language Educational Institutions (Ministry of Education, Culture, Sports, Science and Technology Order No. 40 of 2023); the same applies hereinafter in this section) established at an accredited Japanese language educational institution (meaning an accredited Japanese language educational institution prescribed in Article 3, paragraph (1) of the Japanese Language Educational Institution Accreditation Act), a person who has proven through an examination that they have Japanese language ability sufficient to receive education at an advanced vocational school or miscellaneous school, or a person who has received education for 1 year or more at any of the schools (excluding kindergartens) provided for in Article 1 of the School Education Act;
(b) the educational institution where the applicant seeks to study has a full-time employee who assists the daily life of foreign students;
(vi) if the applicant seeks to exclusively receive Japanese language education at a university or an equivalent educational institution in Japan, a technical college, an advanced vocational school, a miscellaneous school, or an educational institution equivalent to a miscellaneous school in terms of facilities and organization, the educational institution is a Japanese language educational institution designated by public notice or an accredited Japanese language educational institution (where the educational institution is an accredited Japanese language educational institution, limited to cases of receiving Japanese language education in a course for international students);
(vii) Deleted
(viii) if the applicant seeks to study at an educational institution equivalent to a miscellaneous school in terms of facilities and organization (excluding cases of seeking to exclusively receive Japanese language education), the educational institution is an institution specified by the Minister of Justice in public notice.
Activities listed in the right-hand column under "Trainee" of the Appended Table I (4) of the Act (i) The skills, etc. that the applicant seeks to acquire are not skills, etc. that could be acquired only by the repetition of the same work;
(ii) the applicant is 18 years of age or older and is expected to engage in services that require the skills, etc. acquired in Japan after returning to the country of which the applicant holds nationality or has an address;
(iii) the applicant seeks to acquire skills, etc. that are impossible or difficult to acquire in the region where the applicant possesses an address;
(iv) the training that the applicant seeks to undergo is conducted under the guidance of a person who is a full-time employee of a public or private organization in Japan (hereinafter referred to as the "receiving organization") that accepts trainees and who has 5 years or more of experience in the skills, etc. that the applicant seeks to acquire;
(v) if practical training (meaning training to acquire skills, etc. by engaging in the business of manufacturing or sales of goods or the business of providing services in return for compensation (for business of manufacturing goods, including practical training pertaining to the operation of manufacturing equipment (excluding training conducted in a place separated beforehand from the place where goods are manufactured or at a time separated beforehand from the time when goods are manufactured)); hereinafter the same applies in item (viii)) is included in the training which the applicant seeks to undergo in Japan, any of the following requirements is to be fulfilled:
(a) cases in which the applicant is to undergo training directly conducted by an organization of the national or local government or an incorporated administrative agency of Japan;
(b) cases in which the applicant is to undergo training conducted as a project of the Japan National Tourism Organization;
(c) cases in which the applicant is to undergo training conducted as a project of the Japan International Cooperation Agency;
(d) cases in which the applicant is to undergo training conducted as a project of the Technology Center of the Japan Organization for Metals and Energy Security;
(e) cases in which the applicant is to undergo training conducted as a project of an international organization;
(f) in addition to the cases given in sub-items (a) through (d), cases in which the applicant is to undergo training conducted as a project mainly operated through the funds of Japan's national government, local government, corporation directly established through a Japanese law or corporation established by a special act of establishment pursuant to the provisions of a special law, or incorporated administrative agency, and the receiving organization falls under all of the following requirements:
(1) accommodation facilities for the trainees are secured (including cases in which the organization that makes arrangements for the training the applicant seeks to undergo (hereinafter referred to as "referral organization" in this item and the following item) has secured the accommodation facilities);
(2) training facilities for the trainees are secured;
(3) the receiving organization has an employee in charge of providing guidance on daily life to the applicants;
(4) measures of taking out insurance (excluding worker's accident compensation insurance) and taking other safeguard measures are put in place in cases of death, injury or illness of applicants during the training (including cases in which the referral organization has taken the safeguard measures);
(5) the training facilities have put in place measures which are equivalent to the measures necessary for safety and health provided in the Industrial Safety and Health Act (Act No. 57 of 1972);
(g) if the applicant is a full-time employee of a foreign national or local government or of an organization equivalent thereof, and the receiving organization falls under all of the requirements of sub-item (f), (1) through (5);
(h) when the applicant is to undergo training conducted through assistance and guidance from the Japanese government based on the nomination by a foreign national government or local government, and falls under all of the following requirements:
(1) the applicant engages in business that broadly spreads the skills, etc. in the region of the foreign country where the applicant possesses an address;
(2) the receiving organization falls under all of the requirements of sub-item (f), (1) through (5);
(vi) the receiving organization or the referral organization has secured the return travel expenses and has taken other safeguard measures for returning home, for applicants;
(vii) it has been established that the receiving organization prepares documents pertaining to the implementation status of the training, keeps them at the business office where the training is conducted, and preserves them for one year or more from the date the training ended;
(viii) if practical training is included in the training which the applicant seeks to undergo in Japan, the number of hours of practical training (if two or more receiving organizations are to conduct practical training for the applicant, the total number of hours of practical training conducted by those organizations) is two-thirds or less of the total number of hours of training to be undertaken in Japan; provided, however, that this does not apply if the applicant falls under any of the following cases and the number of hours of practical training is three-quarters or less of the total number of hours of training to be undertaken in Japan or if the applicant falls under all of the following cases and the number of hours of practical training is four-fifths or less of the total number of hours of training to be undertaken in Japan:
(a) cases in which it is expected that the applicant will take part in the practical training pertaining to the application in Japan for four months or more;
(b) cases in which the applicant has undergone training (excluding practical training) which was conducted by a foreign public organization or an educational institution for the purpose of contributing to the training which the applicant seeks to undergo in Japan, in the last 6 months, and the training was for a period of one month or more and for a course of 160 hours or more (limited to those which the receiving organization has confirmed that the content of the training was of an equivalent level or higher level than the training in Japan).
Activities listed in the right-hand column under "Dependent" of the Appended Table I (4) of the Act The applicant is a dependent of a person residing in Japan with a status of residence listed in the left-hand column of the Appended Table I (1) or (2) of the Act or with a status of residence of "Cultural Activities" or with a status of residence of "Student" (limited to those falling under item (i), sub-item (a) or (b) corresponding to the activities listed in the right-hand column under "Student" specified in the Appended Table I (4) of the Act in this Table).
“Articles 74 to 74-8 of the Act” “Articles 74 through 74-8 of the Act”