
VISAS & RESIDENCY
Explaining the “Designated Activities” Status of Residence That Technical Intern Trainees Unable to Return Home Due to COVID-19 Can Apply For
Due to the impact of COVID-19, an increasing number of foreign nationals are unable to secure flights home and must remain in Japan. Even when they cannot return home, Technical Intern Training continues, so some complete their training and continue working in Japan, while others have no work and wait at home for the earliest possible return. This article explains the “Designated Activities” status of residence that foreign nationals who are scheduled to complete Technical Intern Training but have no prospect of returning home can apply for.
What is Designated Activities?
The Designated Activities status of residence was not created for COVID-19 response; it is a status for foreign nationals who wish to engage in activities in Japan that do not fall under other statuses of residence. For example, it is used for internships or working holiday activities in Japan. Under the current COVID-19 situation, foreign nationals who have already completed or are scheduled to complete Technical Intern Training would otherwise become unlawful residents in Japan, so new uses of Designated Activities have been added to provide relief. Foreign nationals staying in Japan must always hold some status of residence; without one, they become unlawful residents. Given the COVID-19 situation as well, to prevent foreign nationals from becoming unlawful residents, those who cannot return home after completing Technical Intern Training must apply for one of the Designated Activities statuses explained below. This article explains the types of Designated Activities currently available to provide relief for those who have completed Technical Intern Training.
Foreign nationals who wish to work in the same duties as before
This is the status of residence applied for when a foreign national who has completed Technical Intern Training wishes to continue working in Japan under Designated Activities in the same duties they engaged in during Technical Intern Training.
Even when working in the same duties, there are the following options ① through ③.
When continuing to work at the previous accepting organization
Choose this when continuing to work at the same accepting organization where Technical Intern Training was conducted. Currently, this is the option most foreign nationals choose after completing Technical Intern Training. Application documents for transitioning to Designated Activities have been simplified in light of the COVID-19 situation and the need to provide prompt relief, but documents requiring the company seal, such as employment contracts and statements of working conditions, are still needed. When the foreign national can continue working at the same accepting organization, preparing these documents is smoother, making this the simplest procedure among Designated Activities options.
When working at an accepting organization supervised by the same supervising organization as before (including specified supervising organizations; the same applies below)
Choose this when the supervising organization remains the same as during Technical Intern Training but the accepting organization changes. Even under Designated Activities, a supervising organization is still required; foreign nationals who complete Technical Intern Training and obtain Designated Activities continue to be the responsibility of a supervising organization, just as technical intern trainees are.
Therefore, even when completing Technical Intern Training and obtaining Designated Activities, they must belong to some supervising organization, as they did as technical intern trainees. With this Designated Activities option, the supervising organization does not change, so the foreign national continues to deal with the same familiar staff from their Technical Intern Training period, which is a significant advantage for the foreign national.
When working at an accepting organization supervised by a different supervising organization than before (including individual-enterprise-type cases)
Choose this when the supervising organization changes. This applies when there is no work at the accepting organization where Technical Intern Training was conducted, another accepting organization where work is possible is sought, but no placement can be found among accepting organizations supervised by the previous supervising organization, and acceptance becomes possible at a company supervised by a different supervising organization. Coordination between supervising organizations and preparation of a statement of reasons are required, so preparation takes longer than the other options explained above. Depending on the supervising organization, support may not be proactive for foreign nationals leaving their supervision, which can further delay preparation.
Foreign nationals who wish to work in duties related to those they previously engaged in
“Duties related to those previously engaged in” means occupations and work listed in the same table of occupations and work eligible for transition under Technical Intern Training as the occupation and work in which Technical Intern Training was conducted. For example, if a trainee who conducted Technical Intern Training in fishing vessel fishery / skipjack pole-and-line fishing cannot find work in the same occupation and work after completion, they can work under Designated Activities in another occupation and work within the same category of fishery-related fields (2 occupations, 10 types of work). This rule began on August 12, 2020. It can be inferred that it was established because the impact of COVID-19 lasted longer than expected and the number of foreign nationals who had completed Technical Intern Training and were staying in Japan without work surged.
When continuing to work at the previous accepting organization
Apply under this option when there is an opportunity to continue working at the accepting organization where Technical Intern Training was conducted, but only in a different occupation and work from the Technical Intern Training period. Related work is likely easier to find at the same accepting organization, so this method is recommended as it avoids the effort of relocating.
When changing from the previous accepting organization
Use this method when there is no related work at the accepting organization where Technical Intern Training was conducted, but work can be found at another company. Options include “changing only the accepting organization without changing the supervising organization” and “changing both the supervising organization and the accepting organization.” Compared with the Designated Activities options explained so far, choices expand considerably for the foreign national. For those who have completed Technical Intern Training, if no accepting organization can be found for work under Designated Activities under these conditions, the next option—“Designated Activities for staying in Japan without working”—comes into view, so securing a workplace at this stage is desirable.
Foreign nationals who do not wish to work
When Technical Intern Training has been completed but there is no work at the previous accepting organization due to COVID-19 or other reasons, and no other accepting organization can be found, work is not possible, so this is the only option. If an accepting organization where work is possible is later found, the foreign national can reapply for Designated Activities that allow work, and once permission is granted again, they can work.
Those whose preparations for transition to “Specified Skilled Worker (i)” are not yet complete
Apply for this Designated Activities when preparations for transition to Specified Skilled Worker are not yet complete, but an accepting organization for work as a Specified Skilled Worker has already been decided. The period of stay permitted under this Designated Activities is four months. This Designated Activities can be used when, for example, it is decided just before completion of training that the foreign national will work as a Specified Skilled Worker at the accepting organization where Technical Intern Training was conducted, and procedures for transition to Specified Skilled Worker cannot be completed in time.
Also, from March 1, 2021, for the three manufacturing fields, joining the relevant council became mandatory before applying to the immigration authority for transition to Specified Skilled Worker. As of June 2021, joining a manufacturing council takes about two months, and additional documents may be requested after application, which can extend the review period to three months or more. Even in such cases, this Designated Activities allows foreign nationals scheduled to become Specified Skilled Workers to work under the same conditions as Specified Skilled Workers while the company waits to join the council. Note that the four months of work under this Designated Activities count toward the total five-year period of stay permitted for Specified Skilled Worker foreign nationals.
Summary
The Designated Activities introduced in this article are a status of residence that foreign nationals who cannot return home after completing Technical Intern Training must apply for. There are various patterns even within the same Designated Activities status, so it is necessary to choose the Designated Activities option best suited to each foreign national’s situation.
