[Engineer/Specialist in Humanities/International Services] What Is the Difference Between 1-Year, 3-Year, and 5-Year Periods of Stay? A Thorough Explanation of How They Are Decided and Tips for Getting a Longer Period

Hello! This is Legal Gate Immigration Lawyer Office (VISA SUPPORT JAPAN), providing nationwide support.

When obtaining or renewing a status of residence (visa) under “Engineer/Specialist in Humanities/International Services” (hereinafter “Gijinkoku”), the leading category of work visas, one of the things many people are most concerned about is “the length of the period of stay granted (1 year, 3 years, or 5 years).”

Many people wonder, “We work at the same company doing the same job, so why did that person get 3 years while I only got 1 year?” or “What do I need to do to get a 5-year visa?”

In fact, the Immigration Services Agency’s “Examination Guidelines (internal criteria)” clearly set out the rules for how the period of stay is determined. In this article, based on the criteria in these examination guidelines, we explain the mechanism by which the period of stay is decided, the reasons and common mistakes that lead to a 1-year visa, and specific tips for obtaining a long-term visa!

1. The criteria for “1 year, 3 years, 5 years” as set out in the Immigration Bureau’s examination guidelines

The examination guidelines, which are the Immigration Bureau’s internal review criteria, classify the period of stay to be granted as follows, depending on the circumstances of the applicant and the affiliated organization (company).

※ “Category” refers to the classification based on a company’s size and financial situation (listed companies, etc. are Category 1; companies whose withholding tax amount on the previous year’s summary table of statutory reports is 10 million yen or more are Category 2; other companies that withhold tax are Category 3; newly established companies, etc. are Category 4).

2. Why do you end up with a “1-year visa”? Common causes and examples of mistakes

When people are disappointed at renewal time thinking, “It was only a 1-year visa again…,” there are clear reasons stated in the examination guidelines. The main causes of failure are as follows.

Cause ①: Forgetting the “notification obligations” under the Immigration Control Act

If you forget to submit the “notification of change of place of residence” when you move, or the “notification concerning the affiliated organization” when you change jobs, resign, or when your company changes its name or relocates, or if you submit them after the 14-day deadline, this is regarded as “non-fulfillment of notification obligations” under the examination guidelines, and you will be excluded from eligibility for 3 or 5 years.

Cause ②: Not sending your children to school (or being unable to prove it)

For parents with children of school age (the period of compulsory education), it is a condition that the children are properly attending elementary or junior high school, an international school, or similar.If a child is not attending school, or if confirmation such as a certificate of enrollment cannot be obtained, you will not be eligible for a long-term visa.

Cause ③: A “practical training period” is set immediately after joining the company

Under the Immigration Bureau’s examination guidelines, where a “practical training period” at a worksite, etc. is set at the beginning of employment, it is necessary to confirm whether the training has been properly completed and the employee has moved on to the duties genuinely falling under “Gijinkoku.” For this reason, the period of stay granted is, as a rule, stipulated to be “1 year”.

Cause ④: The employment contract period is set at “1 year”

If the employment contract or letter of appointment states “Contract period: 1 year (renewable),” then unless there are special circumstances, a “1-year visa” is likely to be granted in line with the planned period of employment.

Cause ⑤: Unpaid or overdue taxes or social insurance premiums

If payments of taxes (resident tax, income tax) or public pension and health insurance premiums are late or unpaid, this is treated as non-fulfillment of public obligations, and it will be judged that “it is necessary to check the residence situation once a year”.

3. Tips and measures for obtaining the coveted “3-year or 5-year visa”

Obtaining a long-term visa not only greatly reduces the burden of renewal procedures and revenue stamp fees, but is also highly advantageous when you consider applying for “permanent residence” in the future. The specific points for aiming at a long-term visa are as follows.

Tip ①: Fulfill “notifications” and “public obligations” perfectly

Be sure to submit the “notification concerning the affiliated organization” when changing jobs and the “notification of place of residence” when moving within 14 days of the event occurring. Also, as a basic rule, pay resident tax and social insurance premiums on time, by the payment deadlines.

Tip ②: Have your employment contract / planned period of employment set as “no fixed term” or “more than 3 years”

By having the contract period section of the employment contract you sign with your company set as “no fixed term (permanent employment)” or for a long period such as “3 years,” your planned period of employment will be assessed as long, making it easier to be granted 3 or 5 years.

Tip 3: Even at Category 3 or 4 companies, aim for a 5-year visa through “5 years of continuous employment”

Even if you work for a newly established company or a small or medium-sized enterprise (Category 3 or 4), the examination guidelines clearly state that you become eligible for a 5-year visa if you meet the condition of “having continuously engaged in activities under the Engineer/Specialist in Humanities/International Services visa for 5 years or more”.Building up a track record at the same company or in the same type of job is the shortest path.

Tip 4: Explain the reasonableness of the practical training plan

If there is a training period in the early stage after joining the company, it is important to show in your explanatory materials that it is part of a reasonable career step carried out on the same basis as for Japanese employees, and to clearly set out the steps that follow the completion of the training.

4. Reference Links (Immigration Services Agency)

For details of the “Engineer/Specialist in Humanities/International Services” system and notification procedures, please also check the official information from the Immigration Services Agency.

• Overview of the status of residence “Engineer/Specialist in Humanities/International Services” (Immigration Services Agency)

  Immigration Services Agency: Status of residence “Engineer/Specialist in Humanities/International Services”

• Notifications concerning the affiliated organization, etc. (Immigration Services Agency)

  Immigration Services Agency: Notification procedures concerning the affiliated organization, etc.

For consultations on visa renewals and obtaining long-term visas, contact our office!

The determination of the period of stay is greatly influenced not only by the applicant’s background and the size of the company, but also by how properly routine notifications have been made and by the accuracy of the documents submitted.

“I’m worried because I keep getting 1-year visas.”

“Next time, I really want to obtain a 3-year or 5-year visa.”

“I’d like to leave my employees’ visa renewal procedures to a professional.”

If you are a company or a foreign national with concerns like these, please feel free to contact Legal Gate Immigration Lawyer Office (VISA SUPPORT JAPAN), which serves clients nationwide. With appropriate advice based on the Immigration Bureau’s examination criteria, we provide solid support from anywhere in Japan for a smooth visa acquisition!