This article is written by a Japanese local.
During the screening period for a Certificate of Eligibility (COE) to obtain a work visa, or while waiting for a visa change/renewal within Japan, an unexpected situation may arise: you resign from the sponsoring company, or you decline their job offer.
It is extremely dangerous to think, “The screening is already underway, so I’ll just get the visa and work for another company,” or “It will be fine as long as Immigration doesn’t find out.” In the screening of a work visa, the moment the reality of employment at the applicant company is lost, the application completely loses its legal basis. This article thoroughly explains the fatal legal risks of resigning during an application and the logical recovery procedures to avoid illegal overstays or false declarations, allowing you to safely transition to your next career move.
1. Premise: A Work Visa is Strictly Tied to a “Specific Company”
First and foremost, a Japanese work visa (such as Engineer/Specialist in Humanities/International Services) is not a free pass unconditionally granted to a foreign individual. It is approved on the premise that you will “perform specific duties at a specific company (Company A).”
Therefore, if you resign from Company A or decline their offer during the screening period, the “foundation” of that visa application vanishes. Without this foundation, no matter how highly skilled you are, it is legally impossible for the application to be approved.
2. The Worst Legal Risks Brought by “Concealing the Facts”
If you fail to report the fact that you quit the company to the Immigration Services Agency, leaving it alone or hiding it, you will face irreversible penalties.
Risk 1: Discovery of False Declaration via “Surprise Checks”
As part of the screening, Immigration may contact the employing company by phone to verify your employment status. If the company answers, “That person has already declined the offer,” you will be deemed to have “attempted to obtain a visa based on non-existent employment facts.” This will result in an immediate denial for false declaration. This record will remain in the Immigration database and will work heavily against you in any future visa applications.
Risk 2: “Revocation and Denied Entry” for Issued COEs or Visas
Suppose Immigration does not notice your resignation, and a COE is issued or your visa is renewed. However, when you later process paperwork to work for a different company, a clear contradiction will emerge between “the date you left the previous job” and “the date your visa was approved.” If it is discovered that you received approval without the intention to join the sponsoring company, your visa will be subject to revocation (leading to deportation), effectively ending your career in Japan.
3. “Lawful Recovery Procedures” When Resigning
If you resign or decline an offer during the application, there is no need to panic. By handling the situation objectively and lawfully according to the following steps, you can safely preserve the path to reapply with another company.
Step 1: Immediately “Withdraw the Application”
The moment your resignation is finalized, you must submit a “Written Withdrawal of Application” (Shinsei Torisagesho) to the jurisdictional Immigration office as soon as possible to halt the ongoing screening. Generally, since the company takes the lead in work visa applications, you should first contact the HR manager to have the company perform the withdrawal procedure with Immigration.
Step 2: Return the “Original Document” if the COE is Already Issued
If the withdrawal was not made in time and the COE (Certificate of Eligibility) has already been issued and delivered to you, you must absolutely not use it to enter Japan. You have a legal obligation to promptly return the original COE to the issuing Immigration office, accompanied by a “Statement of Reasons for Return.”
Step 3: “Reapplying” with a New Company and Proving the Reasons
Once the previous application is properly withdrawn, you can sign an employment contract with another company and file a new visa application. However, because you are repeating the cycle of “Apply -> Withdraw -> Reapply” in a short period, Immigration will strictly scrutinize you, suspecting “fictitious employment for visa purposes” or “inconsistencies in your career.”
When reapplying, it is an absolute requirement for approval to attach a detailed “Statement of Reasons.” This document must logically explain the “objective reason for withdrawing the previous application” (e.g., offer cancellation due to the company’s financial deterioration, or personal reasons for declining) and prove the “legality of your employment at the new company.”
4. Frequently Asked Questions (Q&A)
Q. I resigned after a dispute with the company, and they refuse to “withdraw” the application. What should I do?
A. If the company does not cooperate with the withdrawal, the applicant (the foreign national) can process the withdrawal directly with Immigration. Bring your ID and a copy of the Application Receipt, objectively explain the situation, and submit the withdrawal form. Leaving it untouched is the most dangerous option.
Q. I am quitting my current job to switch to another company while my domestic “Visa Renewal” is pending. Can I just wait for the result?
A. You must never just wait. Since the current application is based on the “previous company,” it will either be denied or, even if approved, revoked later. You must immediately withdraw the current renewal application, gather all the documents for your new company, and completely restart the “renewal application with the new company as the sponsor.” This requires extremely rapid schedule management to ensure your current period of stay does not expire.
5. Conclusion: Inaction is Fatal; A Voluntary “Withdrawal” Protects You
Resigning from a company during a visa or COE application is an irregular event in your career, but it is not an immediate legal violation in itself. What truly matters is “whether your response after the fact occurs is lawful and logical.”
Attempting to obtain a visa by concealing facts is an act that fundamentally destroys your foundation for living in Japan. If you decide to resign or decline an offer, perform the withdrawal procedure immediately to return your legal status to a clean slate. If you have concerns about reapplying with the next company, the safest and most certain approach is to share your situation with a qualified professional well-versed in immigration laws and practices before acting on your own, ensuring a logical document construction that leaves no room for doubt.