There is no end to the trouble where, after offering a position to an international student and moving forward with the procedures to change to a work visa, it is discovered that “they actually dropped out (withdrew) from school several months ago.”
If a company underestimates this situation, they will become involved in a serious compliance violation that cannot be resolved simply by withdrawing the job offer. In this article, we explain the fatal risks brought about by dropout troubles and the defense measures companies must strictly enforce during the hiring process.
1. “Absolute Impossibility of Visa Change” Due to Loss of Academic Requirements
The minimum requirement for obtaining a work visa (Engineer/Specialist in Humanities/International Services, etc.) is, in principle, “having graduated from a university” or “having graduated from a vocational school and obtained the title of Diploma.”
The moment they drop out of school, they no longer meet this academic requirement, so the change to a work visa will be rejected regardless of the circumstances. Unless there is an exceptional case where the prospective employee “quit school in Japan but has already graduated from a university in their home country,” it is legally impossible to hire them as a full-time employee as is.
2. The Most Terrifying Risk: The “Chain of Illegal Labor”
What is even more serious for companies is the risk if they have continued to employ them as a “part-time international student” without knowing the fact of their dropping out.
The “permission to engage in activity other than that permitted under the status of residence (working up to 28 hours a week)” held by international students is entirely predicated on them being enrolled in school. From the day after they drop out, that permission becomes legally invalid, and continuing to work part-time constitutes “illegal labor.” Even if the company claims “we didn’t know,” there is a danger of being charged with facilitating illegal labor for neglecting the duty to check the residence card and the fact of withdrawal.
3. Defensive Workflows Companies Must Enforce During Hiring
To prevent such troubles, a workflow that does not simply take the applicant’s self-declaration at face value but verifies the facts with objective official documents is essential.
- Confirmation of Transcripts and Attendance Rate: Have them submit their latest transcript and certificate of attendance at an early stage of the selection process to confirm they are attending school normally.
- Collection of the Certificate of Expected Graduation: Always have them submit the original “Certificate of Expected Graduation” before making a job offer.
- Confirmation of the Certificate of Graduation Before Joining: Just before they join the company (before the visa application), ensure they submit the “Certificate of Graduation” before proceeding with any procedures.
The perception that “it’s fine because their residence card still has time before it expires” is extremely dangerous. When hiring foreign talent, obtaining strict backing of their academic background and enrollment status is the first step to protecting your company.