Due to the impact of COVID-19, an increasing number of foreign nationals are unable to return home even after completing Technical Intern Training.

For such foreign nationals, there are mainly three options: (1) work as Specified Skilled Workers, (2) if they completed Technical Intern Training (ii), transition to Technical Intern Training (iii), or (3) transition to Designated Activities and work.

This article introduces these options, with a focus on cases where individuals transition to Designated Activities and work.

Options for Foreign Nationals Unable to Return Home Even after Working under Technical Intern Training

(1) Work as a Specified Skilled Worker

This option applies when, after completing Technical Intern Training, the individual obtains the Specified Skilled Worker status of residence and continues working at the accepting organization where they trained or at another company.

Some accepting organizations are increasingly hiring Technical Intern Training completers as Specified Skilled Workers because, while they cannot foresee when newly scheduled technical intern trainees or Specified Skilled Workers will enter Japan, their workload itself has grown.

(2) If Technical Intern Training (ii) has been completed, transition to (iii)

Completers of Technical Intern Training (ii) can transition to Technical Intern Training (iii) if they will train in the same occupation and work.

Of particular note: the requirement to transition to Specified Skilled Worker is “having completed at least 2 years and 10 months of Technical Intern Training,” whereas the requirement to transition to Technical Intern Training (iii) is “having passed the practical skills test of the specialized level examination that is the goal of Technical Intern Training (ii).”

(3) Transition to Designated Activities and work

When transitioning to Designated Activities to work, there are various approaches even under the single label of Designated Activities.

The main options that can be considered are: (1) continue working at the Technical Intern Training accepting organization under the Designated Activities status of residence; (2) work at a company other than the Technical Intern Training accepting organization under the Designated Activities status of residence; and (3) work under the Designated Activities status of residence with the aim of continuing to work as a Specified Skilled Worker going forward.

A Detailed Explanation of the Three Main Approaches under Designated Activities

(1) Continue working at the Technical Intern Training accepting organization under the Designated Activities status of residence

This can be said to be the most common way of working under Designated Activities.

In essence, this applies when the foreign national themselves hopes to return home as soon as the impact of COVID-19 subsides and return to their home country becomes possible, and until then continues working at the accepting organization where they conducted Technical Intern Training in order to cover living expenses and the like.

Because the procedures are also the simplest, this can be said to be the best option for foreign nationals who wish to return home soon.

(2) Work at a company other than the Technical Intern Training accepting organization under the Designated Activities status of residence

This applies when the company where Technical Intern Training was conducted does not have sufficient work volume, so the foreign national who completed Technical Intern Training cannot work there and instead works at another company.

In addition, the rule requiring that the same occupation and work performed during Technical Intern Training also be performed during Designated Activities has now been abolished, and work may be performed in occupations and work within the same category.

For example, this includes cases where the new accepting organization involves work in a different occupation and work from Technical Intern Training but within the same category (e.g., ham, sausage, and bacon manufacturing → prepared side-dish manufacturing).

(3) Work under the Designated Activities status of residence with the aim of continuing to work as a Specified Skilled Worker going forward

There is currently a Designated Activities status aimed at employment retention support, under which a period of stay of up to 12 months is granted.

Considering that the periods of stay granted under (1) and (2) already introduced are each 6 months, this means twice that period is granted.

The conditions for applying for this Designated Activities status are that the individual wishes to continue working in Japan as a Specified Skilled Worker going forward, but cannot find employment when job hunting only within the occupation and work of their Technical Intern Training; when the scope of occupations and work is broadened, they can find an accepting organization as an employer; and the foreign national under Designated Activities themselves will aim to pass the skills evaluation examination in that field in order to obtain the Specified Skilled Worker status of residence at that company and continue working.

The range of work that can be performed expands even further than under “(2) Work at a company other than the Technical Intern Training accepting organization under the Designated Activities status of residence,” and job changes beyond category boundaries become possible—for example, from manufacturing to nursing care.

Even in this case, as a point of caution, among the 14 Specified Skilled Worker fields, those permitted to re-employ under Designated Activities in the three manufacturing fields (materials industry, industrial machinery manufacturing, and electrical and electronic information-related industries) are limited to Specified Skilled Workers who were active in those three fields, and technical intern trainees who had been conducting Technical Intern Training in occupations and work eligible for exam-exempt transition to those three fields as good completers of Technical Intern Training (ii), and who were dismissed during those activities or who are completers unable to return home.

Working under Other Forms of Designated Activities

In addition to the three patterns already introduced for continuing to work under Designated Activities, there is another, less well-known way to continue working in Japan under Designated Activities.

It is a method of obtaining permission for Designated Activities with work not permitted, and then working up to 28 hours per week under permission to engage in activity other than that permitted under the status of residence previously granted.

Foreign nationals who do not fall under any of the methods already introduced will obtain permission for Designated Activities with work not permitted and wait for the day they can return home without working.

Even foreign nationals who have obtained permission for Designated Activities with work not permitted can work in jobs other than the adult entertainment industry by using the system of permission to engage in activity other than that permitted under the status of residence previously granted.

Under permission to engage in activity other than that permitted, all of the occupation and work restrictions introduced earlier are lifted, and any work other than the adult entertainment industry may be performed.

Ordinarily, many of those working in Japan using this system of permission to engage in activity other than that permitted are international students.

Foreign international students in Japan are not permitted to work in Japan, but, as in this case, they can work by obtaining permission to engage in activity other than that permitted under the status of residence previously granted.

Even in this case, work is limited to 28 hours per week, and many foreign nationals working at convenience stores are doing part-time work under this permission to engage in activity other than that permitted.

Although permission to engage in activity other than that permitted is originally used by international students and others who obtain the permission, under the current COVID-19 situation, cases of applications by foreign nationals who completed Technical Intern Training and are unable to return home have also increased. Because of the limit on working hours, stable employment is not possible, but it is thought that applications are increasing because they can still earn enough to cover living expenses.

Summary

This article focused on the Designated Activities status of residence to introduce what statuses of residence foreign nationals who have completed Technical Intern Training but cannot return home are obtaining in order to stay in Japan.

Currently, amid COVID-19, the news has also reported that some former technical intern trainees have no place of employment, and that some former technical intern trainees are being deceived by those who take advantage of their difficult situation.

Regarding the Designated Activities status of residence introduced in this article, because it is a status of residence for which applications have been specially permitted even for former technical intern trainees under the current emergency of COVID-19, applications will no longer be possible once COVID-19 has subsided to a certain extent and foreign nationals become able to return home.

Under such circumstances, without correct knowledge of the Designated Activities status of residence as well, it cannot be used effectively, and many people are unaware that Designated Activities greatly expands employment opportunities. I hope that this article will be an opportunity to acquire correct knowledge and to be able to help, even a little, foreign nationals who are unable to return home.