This article is written by a Japanese local.
In the business world, there is an increasing number of cases where companies promote excellent international students who worked diligently for them as part-timers to “full-time employees” immediately upon graduation.
Many corporate representatives assume, “We already know their aptitude for the job, and we have a relationship of mutual trust, so the visa change should go smoothly.” However, changing from a student’s “Student Visa” to the representative Japan work visa, “Engineer/Specialist in Humanities/International Services,” involves unique pitfalls during the screening process.
No matter how excellent your company is or how diligent the individual is, if there are legal flaws in their past residency status or the employment structure, the Immigration Services Agency will mercilessly issue a “denial.” This article thoroughly explains the risks of past employment violations that companies often overlook, along with objective approaches to legally change the visa.
1. The Biggest Hurdle: Exceeding the “28-Hour Rule” (Overwork)
When converting an international student to a full-time employee, Immigration audits “violations of the Permission to Engage in Activity Other Than That Permitted (exceeding the 28-hour per week rule)” during their part-time days most strictly.
Immigration Calculates Working Hours “Backwards” from Tax Certificates
A visa change application requires the submission of past “Taxation Certificates” and “Tax Payment Certificates.” Immigration examiners will divide the stated annual income by the average hourly wage of a part-time job to rigorously calculate whether “the income falls within the legal limit of 28 hours per week (40 hours per week during long school holidays).”
If they held multiple part-time jobs and the combined total exceeded the legal limit by even one hour, it is considered a violation of the Immigration Control Act (illegal labor), and the change to a work visa will generally be denied. Before making a job offer, companies must accurately grasp the individual’s actual past working conditions, including employment at other companies, not just their shifts at your company.
2. Job Mismatch Risk: “Extension of Simple Labor” is Not Permitted
You cannot simply change the employment contract status to “full-time employee” while keeping the job duties the same as during their part-time days.
To obtain the Engineer/Specialist in Humanities/International Services visa, a clear shift to “highly professional and intellectual duties” that logically match what they majored in at university or vocational school is a mandatory requirement. On-site manual labor is outside the scope of this visa.
- NG Example (Denial): Hiring an international student who worked part-time doing customer service or kitchen work at a restaurant as a full-time “store staff” or “on-site manager.”
- OK Example (Potential Approval): Utilizing their on-site part-time experience to promote them as a dedicated personnel in the headquarters department for “overseas marketing,” “planning and development of services for foreigners,” or “business management and interpretation for multiple stores.”
When applying, you must submit an Employment Reason Statement detailing “why this personnel is needed” and “how they will utilize the knowledge learned at university,” along with a Job Description clearly stating the advanced professional duties, to prove objective consistency.
3. Audit of “Fulfillment of Public Duties” and “Academic Grades”
In addition to working hours and job duties, their “conduct” during the study abroad period is strictly screened.
Payment Status of Taxes, Pension, and Health Insurance
Unpaid or delayed payments of resident taxes, National Health Insurance premiums, and National Pension during the part-time period are fatal negative factors in the screening. The excuse “I didn’t know I had to pay” is completely unacceptable. If there are unpaid balances, recovery measures—such as paying everything in full before applying and submitting the receipts—are essential.
Attendance Rate and Grades (Abandoning Student Duties)
The original purpose of a Student Visa is “academic study.” If a student was so focused on part-time work that their school attendance rate was remarkably low or their grades were extremely poor, they will be deemed to have “abandoned their duties as a student to focus on working,” and there are many cases where the visa change is denied. The academic transcript and certificate of attendance issued by the school are critical judging materials in the screening.
4. Practical Q&A on Promoting Part-Timers
- Q: The work visa change application was denied. Can we have them continue working at our company as a “part-timer” just like before after they graduate?
A: Impossible. The moment they graduate or withdraw from school, they no longer meet the requirements for a “Student Visa,” so the accompanying Permission to Engage in Activity Other Than That Permitted (the right to work part-time) also expires. If you let them continue working, there is a severe risk: the individual will be charged with illegal labor, and the company will be charged with the crime of promoting illegal labor. - Q: The international student is a vocational school graduate. I feel like our company’s business and their major are slightly mismatched.
A: For vocational school graduates (Specialists), the perfect match between “the major studied at school” and “the job duties at the employment destination” is screened far more strictly than for university graduates. For example, hiring someone who graduated from a fashion vocational school as an IT engineer in Japan is generally not permitted. Prior alignment of job duties and logical construction are mandatory.
To welcome an international student from a part-timer to a full-time employee, merely drafting an employment contract or giving a subjective evaluation that “they are excellent” is insufficient. The individual’s past reality regarding labor, tax payments, and academics must be legally and perfectly consistent with the advanced job duties after joining the company. Before finalizing the hiring, conduct a strict audit (due diligence) to uncover all facts and implement a logical proof approach.