If you currently employ foreign workers and want to expand your headcount, or if you plan to hire foreign nationals going forward, obtaining the right status of residence is likely a key concern.

There are many types of status of residence that foreign nationals need in order to work in Japan, and one of them is Designated Activities. Whether a foreign national holding Designated Activities may engage in work depends on the activities specified for them. This article explains what Designated Activities are and how they differ from work statuses.

What Are Designated Activities?

Designated Activities is a status of residence under the Immigration Control and Refugee Recognition Act that permits entry or stay for “activities specifically designated by the Minister of Justice for individual foreign nationals (Appended Table I (5)).”

In recent years, the activities of foreign nationals in Japan have become increasingly diverse, making it difficult to cover every possible activity in advance through statutory provisions. Designated Activities was therefore created so that the Minister of Justice can designate activity content tailored to each individual.

Examples of situations in which Designated Activities status of residence may be granted include the following:

・Engaging in activities in Japan for internships or working holidays
・Graduating from a Japanese university and continuing job hunting in Japan (first year after graduation)
・Working as a domestic worker for diplomats stationed in Japan, etc.
・Amateur athletes, and foreign nurse and certified care worker candidates entering Japan under Economic Partnership Agreements, among others

Differences from Work Statuses

When thinking about statuses of residence granted to foreign nationals working in Japan, many people picture work-related statuses. Work statuses are those that foreign workers can obtain to work in occupations designated by the Ministry of Justice. However, work statuses alone cannot meet the diversifying needs of foreign workers. Designated Activities addresses those needs by granting status of residence for “activities specifically designated by the Minister of Justice for individual foreign nationals.”

Three Types of Designated Activities

Designated Activities are classified into the following three types:

1. Statutory Designated Activities
2. Public Notice Designated Activities
3. Non-Public Notice Designated Activities

Let’s look at each in detail.

1. Statutory Designated Activities

The first type of Designated Activities is those set out in law. Here, “law” refers to provisions of the Immigration Control and Refugee Recognition Act (hereinafter the “Immigration Control Act”). The Designated Activities provided for in the Immigration Control Act fall into the following three categories:

・Specified Research and Related Activities

This refers to activities involving research in a specified field at a research institution’s facilities, or providing research guidance or education. It also includes activities managing a business related to that research.

・Specified Information Processing Activities

This refers to activities engaging in information processing work requiring skills or knowledge in the natural sciences or humanities at the business office of a public or private organization in Japan, based on a contract with that organization.

・Family Stay Activities for Specified Research and Related Activities, and Family Stay Activities for Specified Information Processing Activities

This refers to family members accompanying foreign nationals who hold the activity statuses above (Specified Research Activities or Specified Information Processing Activities).

2. Public Notice Designated Activities

Public Notice Designated Activities are activities that the Minister of Justice has announced by public notice. As of November 12, 2021, the following are among those announced by public notice:

Each has detailed requirements. Items may also be added or removed in response to international circumstances and other factors, so please keep this in mind. Below we highlight some of the more important ones.

No. 5: Working holiday
No. 8: Foreign lawyers
No. 9: Internships
No. 10: Volunteer activities by British nationals
No. 15: International cultural exchange
No. 16: EPA Indonesian nurse candidates
No. 17: EPA Indonesian certified care worker candidates
No. 18: Family of EPA Indonesian nurse candidates
No. 19: Family of EPA Indonesian certified care worker candidates
No. 20: EPA Philippine nurse candidates
No. 21: EPA Philippine certified care worker candidates
No. 22: EPA Philippine certified care worker skills training
No. 23: Family of EPA Philippine nurse candidates
No. 24: Family of EPA Philippine certified care worker candidates
No. 25: Medical stay
No. 26: Accompanying persons for medical stay
No. 27: EPA Vietnamese nurse candidates
No. 28: EPA Vietnamese certified care worker candidates
No. 29: Vietnamese certified care worker skills training
No. 30: Family of EPA Vietnamese nurse candidates
No. 31: Family of EPA Vietnamese certified care worker candidates

3. Non-Public Notice Designated Activities

Non-Public Notice Designated Activities are cases in which stay is specially permitted based on individual circumstances—such as humanitarian considerations—rather than under the Immigration Control Act or public notices. Examples include caregivers for persons with lawful status of residence and applicants for refugee recognition.

4. Other (Designated Activities under COVID-19 special measures)

In response to the spread of COVID-19, foreign nationals who face difficulty returning home, technical intern trainees unable to advance to the next stage of Technical Intern Training because they cannot take skills tests, and those dismissed or whose employment was not renewed due to worsening employment conditions—and who would otherwise reach the end of their period of stay—may be permitted to change to “Designated Activities” depending on their current status of residence. This handling may change depending on the infection situation, so please check the Immigration Services Agency of Japan website and other sources for the latest information as needed.

How to Apply for Designated Activities Status of Residence

When the applicant is overseas and applying for Designated Activities status of residence (Public Notice Designated Activities), a Certificate of Eligibility application is submitted to the immigration authority through a proxy or similar. After examination, the proxy receives the Certificate of Eligibility, which the applicant then obtains. By bringing this Certificate of Eligibility and applying for a visa at a Japanese diplomatic mission abroad, the applicant can enter Japan and smoothly obtain Designated Activities status of residence.

When Designated Activities status of residence is granted, a document called a Designation Letter describing the content of the Designated Activities is attached to the passport. This Designation Letter must be presented together with the passport upon entry into Japan.

Note that for Non-Public Notice Designated Activities, a Certificate of Eligibility cannot be issued before entry into Japan. Therefore, the person typically enters first under Temporary Visitor or similar status, then obtains Designated Activities status of residence by applying for a change of status of residence.

Points to Note When Hiring Foreign Nationals Holding Designated Activities Status of Residence

When hiring foreign nationals who hold Designated Activities status of residence, please note the following points.

Check the Designation Letter

Details related to status of residence can usually be confirmed on the residence card. However, the residence card does not describe the content of Designated Activities in detail. Therefore, it is necessary to check the “Designation Letter,” a document in which the Immigration Services Agency of Japan specifies the foreign national’s permitted activities. Confirm whether the intended work falls within the scope of the Designated Activities.

Activities Outside Status Are Limited to 28 Hours per Week

In the case of Non-Public Notice Designated Activities for the purpose of job hunting, employment—including part-time work—is in principle not permitted.

However, when work is needed to cover living expenses, employment of up to 28 hours per week may be permitted by applying for permission to engage in activity other than that permitted under the status of residence previously granted.

If working hours exceed 28 hours per week, penalties apply not only to the foreign national but also to the employer who allows the work, so caution is required.

If You Are Considering Hiring Specified Skilled Worker Talent, Consult Experienced YourBright!

This article has outlined Designated Activities. We hope it is helpful for those considering applying for Designated Activities status of residence.

YourBright, as a Registered Support Organization, introduces Specified Skilled Worker talent to many companies and provides post-employment support.

If your company is considering hiring Specified Skilled Worker talent, please feel free to contact us.