What is an Employment Qualification Certificate? Explanation of advantages, disadvantages, precautions, etc.

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1. What is an Employment Qualification Certificate?

The Employment Qualification Certificate is defined as follows by Article 19-2 of the Immigration Control Act.

The Employment Qualification Certificate to verify whether the activities carried out (or planned to be carried out) align with the activities specified under the current residency status. It is used to confirm whether these activities fall within the legal scope.

For foreign workers, the Employment Qualification Certificate provides assurance that their activities comply with those specified under the Immigration Control Act.
On the other hand, for companies employing foreign talent, obtaining recognition from the Immigration Authotities that the activities fall within the scope of the Immigration Control Act provides reassurance, allowing them to hire foreign talent with confidence.

2.The advantage of obtaining an Employment Qualification Certificate

Applying for an Employment Qualification Certificate is not mandatory; in other words, there is no obligation to apply for it.
However, obtaining an Employment Qualification Certificate provides various benefits.
In this chapter, we will explain the advantages of obtaining an Employment Qualification Certificate.

2-1. Preventing disapproval during renewal of residence status

Obtaining an Employment Qualification Certificate makes it easier to renew your visa.
This is because obtaining an Employment Qualification Certificate confirms to the Immigration Authorities that the job responsibilities at your new workplace comply with the Immigration Control Act.

However, even if there are no issues with the job responsibilities at your new workplace, visa renewal may be denied if there are other legal violations or if taxes are unpaid.

Therefore, please understand that obtaining an Employment Qualification Certificate serves solely to confirm and certify in advance that you have the necessary work qualifications for Immigration Authorities.

2-2. Being able to change jobs with peace of mind

Obtaining an Employment Qualification Certificate provides peace of mind when changing jobs.
This is because obtaining an Employment Qualification Certificate serves as proof that there are no issues with the duties at the new job.
Therefore, both the foreign individual seeking employment and the employer can feel reassured when accepting foreign talent for job transitions.

2-3. Preventing the employment of illegal workers

Obtaining an Employment Qualification Certificate not only benefits foreign individuals but also brings advantages to the employer. One of these advantages is the prevention of employing illegal workers.

Employing illegal workers, even unintentionally, can lead to severe penalties under the “Facilitating Illegal Employment” offense, which may result in imprisonment for up to 3years, a fine of up to 3 million yen, or both.

For more details on this offense, please refer to “What is the offense of Facilitating Illegal Employment, where ignorance is not accepted as an excuse?”

While obtaining an Employment Qualification Certificate does not entirely prevent all instances of illegal employment, it remains an effective measure to mitigate such occurrences.

Companies that employ foreign talent should be encouraged to obtain an Employment Qualification Certificate.

3.The disadvantage of obtaining an Employment Qualification Certificate

In the previous section, we explain the advantages of obtaining an Employment Qualification Certificate. In this chapter, we will explain the disadvantage of obtaining an Employment Qualification Certificate.

3-1. Difficulty and time-consuming application process

Applying for an Employment Qualification Certificate requires thorough preparation, and the application process is relatively challenging.
In some cases, gathering documents from both the current and prospective employers can add to the complexity.
Additionally, since the application aims to ensure compliance with Immigration Control Act regarding job duties, a precise understanding of Immigration Control Act is necessary.

3-2. Takes time for an Employment Qualification Certificate issuance

Obtaining an Employment Qualification Certificate is time-consuming.
In practice, it typically takes around 1 month from application to issuance.
Consequently, there is a delay until receiving approval from Immigration regarding the job duties at the new workplace.

4. Points to note regarding an Employment Qualification Certificate

Please note the following two points regarding an Employment Qualification Certificate.

4-1. In case the residency period is nearing expiration, you are not able to apply for an Employment Qualification Certificate

As mentioned above, obtaining an Employment Qualification Certificate takes time.
Therefore, if the residency period is nearing expiration, applying for an Employment Qualification Certificate may result in receiving approval for residency renewal before obtaining the certificate. In such cases, the purpose of confirming job duties “in advance” through the Employment Qualification Certificate becomes moot.
To avoid this situation, it is essential to apply for the Employment Qualification Certificate promptly once it becomes clear that job duties will change.

4-2. Unfair treatment should not be given based on the foreign individual’s failure to submit an Employment Qualification Certificate

While it is true that employers can feel reassured by the submission of an Employment Qualification Certificate when hiring foreign talent, as mentioned earlier, obtaining an Employment Qualification Certificate is not mandatory.
Therefore, employers must not unfairly treat foreign individuals based on their failure to submit an Employment Qualification Certificate.
This is explicitly stated in Article 19-2, Paragraph 2 of the Immigration Control Act.

5. Application for an Employment Qualification Certificate

When applying for an Employment Qualification Certificate, it is necessary to know the examination criteria and required documents.
Let’s look at each point.

5-1. Examination points for an Employment Qualification Certificate

The examination criteria for an Employment Qualification Certificate are determined as follows.

In essence, it is required that there are no issues with the duties at the new workplace.

5-2. Eligibility for applicants

The following people are eligible to apply for an Employment Qualification Certificate.

5-3. Required documents for an Employment Qualification Certificate

The required documents for applying for an Employment Qualification Certificate are as follows.
Please note that the required documents are just examples; other documents may be required depending on the situation.

5-4. Where to apply an Employment Qualification Certificate

The application for an Employment Qualification Certificate should be submitted to the Regional Immigration Bureau that governs the applicant’s residential area.
Additionally, it is worth noting that applications for a Certificate of Eligibility can also be made online through electronic submission.

5-5. Application fee

The application fee for an Employment Qualification Certificate is ¥1,200.
Payment is made by affixing revenue stamps to the fee payment form.

5-6. Timeframe for issuance

The issuance of an Employment Qualification Certificate takes approximately 1 to 3 months from the time of application.
Therefore, individuals with impending residency deadlines should consider the processing time and apply accordingly.

5-7. Sample for an Employment Qualification Certificate

Please refer to the actual an Employment Qualification Certificate for details.

6.Summary:

Have you understood the various benefits of obtaining an Employment Qualification Certificate?

An Employment Qualification Certificate is highly beneficial when job duties change due to job transitions.
While there may be a hurdle of requiring accurate knowledge of Immigration Control Act to apply for the Employment Qualification Certificate, the benefits of obtaining it outweigh this. Additionally, there are risks associated without obtaining an Employment Qualification Certificate, so it is recommended to obtain one if there is sufficient time remaining in the residency period.

In summary, this article can be summarized as follows:

If you’re unsure about an Employment Qualification Certificate on your own, please entrust it to us the administrative scrivener, Daiichi Sogo Office.
It is possible to consult on whether obtaining a Certificate of Eligibility is advisable.