Ministerial Order to Provide for Criteria Pursuant to Article 7, Paragraph (1), Item (ii) of the Immigration Control and Refugee Recognition Act

This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Immigration Control and Refugee Recognition Act and the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees (hereinafter referred to as the "Amending Act") comes into effect (April 1, 2027).

For the purpose of applying the provisions of item (i) of the right-hand column of the entry for the activities listed in item (i) of the right-hand column under "Specified Skilled Worker" of the Appended Table I (2) of the Act in the table of the Ministerial Order to Provide for Criteria Pursuant to Article 7, Paragraph (1), Item (ii) of the Immigration Control and Refugee Recognition Act as amended by the provisions of Article 2, for the time being, the phrase "the applicant falls under all of the following sub-items" in that item is deemed to be replaced with "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) prior to the amendment by Article 2 of the Act Partially Amending the Immigration Control and Refugee Recognition Act and the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees (Act No. 60 of 2024) or the supervising-organization-type technical intern training (ii) provided for in Article 2, paragraph (4), item (ii) of the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees prior to that amendment, 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)".

With respect to the criteria under Article 7, paragraph (1), item (ii) of the Immigration Control Act pertaining to applications for the issuance of a certificate of eligibility (meaning the certificate of eligibility prescribed in Article 7-2, paragraph (1) of the Immigration Control Act; the same applies hereinafter) under the provisions of Article 7-2, paragraph (1) of the Immigration Control Act filed before the Effective Date by foreign nationals seeking to engage in the activities listed in item (ii) of the right-hand column under "Specified Skilled Worker" of Appended Table I (2) of the Immigration Control Act, the provisions then in force continue to govern.

With respect to the criteria under Article 7, paragraph (1), item (ii) of the Immigration Control Act pertaining to applications for landing under the provisions of Article 6, paragraph (2) of the Immigration Control Act filed on or after the Effective Date by persons who were issued, before the Effective Date, a certificate of eligibility under the provisions of Article 7-2, paragraph (1) of the Immigration Control Act in seeking to engage in the activities listed in item (ii) of the right-hand column under "Specified Skilled Worker" of Appended Table I (2) of the Immigration Control Act, or by persons who were issued a certificate of eligibility under the provisions of Article 7-2, paragraph (1) of the Immigration Control Act in a case where the provisions then in force are to continue to govern pursuant to the provisions of the preceding paragraph, the provisions then in force continue to govern until the day on which three months have elapsed from the Effective Date (or, for a person who was issued a certificate of eligibility under the provisions of Article 7-2, paragraph (1) of the Immigration Control Act in a case where the provisions then in force are to continue to govern pursuant to the provisions of the preceding paragraph, from the date of that issuance).