Denial of Change to Japan Work Visa (Gijinkoku) for Students: Procedure for Hearing Reasons and the Legal Process for Reapplication

This article is written by a Japanese local.

There are cases where an international student who has graduated from a university or vocational school in Japan and received a job offer applies for a change of status of residence to “Engineer/Specialist in Humanities/International Services (commonly known as Gijinkoku)”, only to receive a “Notice of Denial” from the Immigration Services Agency.

A notice of denial is a serious situation directly linked to the cancellation of a job offer or forced return to the home country. However, by accurately grasping the legal situation and taking swift and appropriate procedures, it is sometimes possible to obtain approval through reapplication (recovery).

This article thoroughly explains the legal handling of the status of residence immediately after a visa change is denied, the correct procedure for hearing the reasons at Immigration, and the objective process for succeeding in a reapplication.

1. Legal Status Immediately After Denial and Transition to “Preparation for Departure”

When the notice of denial is received, the legal handling (period allowed to stay) differs greatly depending on “the current status of the applicant’s period of stay.”

(1) When the Period of the Pre-application “Student” Visa Still Remains

Even if a denial decision is made, the currently held “Student” status of residence remains valid until the expiration date printed on the card. You will not be immediately ordered to return to your home country. If you are enrolled in school, you can continue your studies while preparing for reapplication.

(2) When the “Student” Visa Expired During Screening and Entered the Grace Period

This is the case that requires the utmost caution under the Immigration Control Act. If the original period of stay expired during the screening process and you had entered the “Grace Period (up to 2 months)” waiting for the result, the original “Student” visa completely loses its validity the moment you are denied.

In this case, when you appear at Immigration, your status of residence will be forcibly changed to “Designated Activities (30 or 31 days as a preparation period for departure).” This period is strictly a “preparation period to return home,” and absolutely all labor, including part-time work under permission to engage in activity other than that permitted, is legally prohibited. If you intend to reapply, you must reconstruct the documents and complete the submission within this extremely limited timeline of 30 days.

2. The Most Important Process: Hearing the “Reasons for Denial” at Immigration

Detailed reasons are not written on the notice of denial (postcard, etc.). The only starting line for reapplication is for the applicant themselves to appear at the regional Immigration office and accurately hear the “legal grounds for the denial” directly from the examiner.

In principle, you only have “one chance” to hear the reasons. Be sure to confirm the following points and record (take notes of) them as objective facts.

• Mismatch Between Major and Duties: Was the relevance between the applicant’s university courses and the job duties submitted by the company denied?
• Company Requirements: Was the company’s financial situation (deficit, etc.), business reality, or the reasonable necessity of hiring foreign talent denied?
• Applicant’s Status of Residence: Was poor academic performance as a student or excessive part-time work (overwork) considered a problem?
• Room for Reapplication: Confirm objective requirements, such as “What additional proof or how should the job duties be amended to make approval possible?”

*Because the content of the hearing deeply involves the company’s information, it is highly recommended in practice that the HR person from the hiring company accompany the applicant, if possible, to jointly confirm the legal requirements.

3. “Unrecoverable Denial Reasons” Specific to International Students

As a result of the hearing at Immigration, if the reason for denial is “lack of company documents” or “insufficient proof of job duties,” there is a good possibility of recovery by redesigning the job description and submitting additional documents.

However, if the cause was the student’s own “past legal violations,” obtaining approval through reapplication becomes legally extremely difficult (practically impossible) in the following cases.

• Violation of Activities Outside the Permitted Scope (Overwork): When facts are discovered from tax certificates, etc., that the applicant worked part-time beyond the legal limit of “within 28 hours a week” during their student days. This constitutes a violation of the Immigration Control Act (illegal labor), and the status of residence is deemed extremely poor.
• Significant Poor Attendance/Academic Performance: When school attendance is low and it is judged that the original activities as a student (studying) were not performed, the visa change will not be approved.

4. Proving Process for Reapplication in Coordination with the Company

Unless there is a fatal reason such as overwork, reapplication is possible. However, to overturn a denial decision once it has been made, a much more precise legal logic and objective proof materials are required than during the initial application.

For example, if the reason is a “mismatch between major and duties,” the company must rewrite the “Statement of Employment Reason” from the ground up and logically connect, using tables and millimeter-level precision, how the university syllabus directly links to the actual business processes (daily schedule, etc.). Also, if the duties are suspected of containing simple labor, a new employment contract that completely excludes them from the job role must be resubmitted.

5. Conclusion: Swift Legal Response Excluding Self-Judgment

The denial of a work visa change is not a problem that can be solved solely by the individual international student. Reapplying based on baseless self-judgment, such as “it might pass if I submit the same documents again,” will result in losing the final opportunity for recovery.

It is essential to legally analyze the reasons for denial and work closely with the company to redesign job duties and construct proof materials that meet Immigration’s screening criteria. With the 30-day time limit of the preparation period for departure approaching, a swift and accurate practical response that objectively reconstructs all factual relationships is required.