Change to Japan Work Visa (Gijinkoku): Legal Transition from Foreign Intern and Objective Process

This article is written by a Japanese local.

For companies eyeing global expansion, hiring outstanding foreign students as full-time employees via internships is an extremely rational hiring method to prevent mismatches after joining the company.

However, no matter how highly evaluated they are on the frontlines during the internship period, the status of residence cannot be changed to a work visa unless they meet the legal requirements set by the Immigration Services Agency.

This article objectively thoroughly explains the legal approach to safely and legally transition a foreign intern to an “Engineer/Specialist in Humanities/International Services (commonly known as Gijinkoku)” visa, as well as the compliance traps companies easily fall into.

1. Visa Status During Internship and the Absolute “28 Hours a Week” Rule

When an international student attending a university in Japan does an internship, they basically work based on the “Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted” attached to their “Student” visa. The compliance that companies must thoroughly manage here is the observance of the legal working hours of “within 28 hours a week (within 8 hours a day/40 hours a week during long vacation periods such as summer vacation).”

If the intern is made to work even one hour beyond this legal time, whether because they are outstanding or because they requested it, the individual becomes an “illegal worker (violation of activities outside the permitted scope).” At the same time, the company bears the grave risk of being charged with the “crime of promoting illegal labor.”

When applying for a change to a Gijinkoku visa, submission of documents such as a resident tax certificate is required. If past overwork is discovered by calculating backward from the stated income, the visa change will be denied with high probability.

2. The Biggest Hurdle: Logical Connection Between “University Courses” and “Job Duties”

No matter how excellent their attitude and practical skills at the internship, the judgment criterion Immigration emphasizes most in the Gijinkoku visa screening is “whether the academic specialized knowledge acquired at a university (or vocational school) logically matches the job duties after joining the company.”

For example, even if an international student scheduled to graduate from a literature department acquires programming skills through self-study during an internship and achieves high results, if there are no IT-related courses on their academic transcript, it will be legally denied due to “lack of relevance to the major.”

“Practical ability” in the field and the “proof of academic expertise” required by the Immigration Control Act are entirely different. Companies must always obtain the individual’s academic transcript before making a job offer and thoroughly verify in detail which position in the company can objectively prove suitability.

3. Visa Change Application Timeline and Practical Process

The timeline for the procedure to apply for a change to a Gijinkoku visa varies depending on the current residential status of the candidate.

(1) In the Case of New Graduates (Graduating in March, Joining in April)

When having them join the company at the same time as university graduation, even if they do not yet have their diploma, Immigration begins accepting advance applications for the change from “December 1” of the previous year. To be in time for the April 1 start date, you must construct a process where necessary documents are submitted during this early acceptance period, and the “Certificate of Graduation” is additionally submitted after the graduation ceremony in March to promptly receive the new residence card.

(2) In the Case of Summer Interns from Overseas

If you offer a job to an intern who has come to Japan from an overseas university on a visa such as “Designated Activities,” they are generally not permitted to continue staying in Japan and change to a Gijinkoku visa. They must return to their home country once after the internship ends, and the company must follow the regular route of acquiring a new “Certificate of Eligibility (COE).”

4. Trouble Cases and Concrete Risk Avoidance Measures

Case A: Discovery of Overwork Due to Multiple Jobs

[Situation] The intern was only working 15 hours a week at the company’s internship, but the international student had another part-time job at a convenience store for 20 hours a week, exceeding 28 hours a week in total.
[Reason for Denial] The hours for activities outside the permitted scope are the “sum of all working hours.” A case where salary income from another company was discovered from the tax certificate, resulting in denial.
[Risk Avoidance Measure] When accepting interns, it is necessary to rigorously manage labor by having them declare in writing every month whether they have part-time jobs at other companies and their working hours, ensuring they stay within the 28-hour limit.

Case B: Application with the Same “Simple Labor” as the Internship

[Situation] An international student working as an intern (part-time) hall staff member at a restaurant performed well and was hired as a full-time employee. The application was submitted for them to continue as a frontline customer service staff member.
[Reason for Denial] The Gijinkoku visa is granted only for duties requiring specialized and technical knowledge. Customer service and simple tasks on the frontlines are excluded and immediately denied.
[Risk Avoidance Measure] After appointment as a full-time employee, the job duties must be completely switched to intellectual labor matching the major, such as marketing duties at headquarters, multilingual planning for inbound tourists, or overseas transaction duties involving interpretation and translation, and the job description must be reconstructed.

5. Practical Q&A on Hiring from Internships

• Q: After they graduate in March, can I have them work full-time until the visa change is completed in April?
  A: Absolutely not. The moment they graduate from university, the permission for activities outside the permitted scope based on the “Student” visa loses its validity. If you let them work before they receive the new “Gijinkoku” residence card, it constitutes illegal labor. Until the visa issuance is complete, they cannot engage in practical duties, even for training.
• Q: We plan to hire an intern from a vocational school. Is there a difference in screening criteria compared to university graduates?
  A: There is a major difference. For university graduates (Bachelor’s), the relevance between the major and duties is screened relatively flexibly, but for vocational school graduates (Specialist/Senmonshi), a perfect match (millimeter-level suitability) between “courses taken at school” and “actual job duties” is required. Even a slight discrepancy will result in denial, so stricter proof is necessary.

6. Conclusion: Thorough “Legal Due Diligence” Before the Job Offer

In the procedure for hiring foreign interns, before the normal hiring flow of “making a job offer because their frontline evaluation was high,” it is essential to incorporate legal due diligence (eligibility assessment) on “whether a work visa will be legally granted for the duties specified by the company based on this student’s educational background and past employment history.”

A situation where a visa is denied after a job offer is made and onboarding preparations are advanced causes immense loss and compliance risk for both the company and the student. From the internship acceptance stage, check the academic transcripts and working hours, and construct a rock-solid hiring plan capable of objectively proving all factual relationships.