Reapplying for a Japanese Work Visa After a Denial: From “Student” to “Engineer/Specialist in Humanities/International Services”#
Transitioning from a student visa to a work visa is a critical milestone for international students wishing to build a career in Japan. The most common status of residence for this purpose is “Engineer/Specialist in Humanities/International Services” (often referred to as Gijin-koku). However, applications are sometimes denied, leaving applicants in a state of distress and uncertainty.
Having a record of a past denial does create a hurdle, but it does not serve as a permanent ban from working in Japan. With a thorough analysis of the reasons for rejection and a strategic approach to re-application, it is possible to overturn the decision or succeed in a subsequent application. This article outlines the objective steps and considerations necessary when dealing with a past denial history.
Step 1: Visiting the Immigration Bureau for Explanation#
The “Notice of Disapproval” received by mail typically lists only a broad, statutory reason for the denial, which is often insufficient for planning a counter-strategy. The most crucial first step is to visit the Regional Immigration Services Bureau where the application was submitted to hear the specific reasons directly from an immigration inspector.
This process is a one-time opportunity per application. The inspector will disclose details that are not written in the official notice, such as:
- “The job description provided does not match your university major.”
- “Your tax records show income that suggests you worked beyond the legal 28-hour limit while you were a student.”
- “The employer’s business plan is deemed insufficient or unstable.”
Attempting to reapply without obtaining this specific feedback is akin to navigating without a map. It is imperative to take detailed notes during this interview, as these notes will form the foundation of your re-application strategy.
Analyzing the Causes of Denial#
Generally, denials for changing status from “Student” to “Engineer/Specialist in Humanities/International Services” fall into three primary categories. Understanding which category applies to you is essential.
1. Lack of Relevance (Academic Major vs. Job Duties)#
Japanese immigration law requires a clear nexus between the applicant’s academic background (major subject) and the proposed job duties. The “Engineer/Specialist in Humanities/International Services” visa is strictly for professional, white-collar work requiring specialized knowledge.
- The Problem: If a student with a degree in Economics applies for a job that involves primarily manual labor (e.g., waiting tables, cleaning, factory line work), the application will be denied. Similarly, if the explanation of duties is vague, the examiner may conclude the work is not specialized.
- The Solution: If the denial was due to a genuine mismatch, you must either negotiate with the employer to change your duties to those requiring your expertise or find a new employer. If the duties were relevant but poorly explained, you must submit a detailed “Statement of Reasons” and supplementary documents to clarify the connection in the re-application.
2. Violation of the “28-Hour Rule” (Overwork)#
For international students, adhering to the limit of 28 hours of work per week (part-time work permit) is a strict legal requirement.
- The Problem: Immigration authorities can verify work hours through tax records (gensen-choshu-hyo) and other means. If it is discovered that you worked significantly more than allowed, this is considered a violation of the Immigration Control Act and reflects poorly on your “good conduct.”
- The Solution: This is one of the most difficult reasons to overcome immediately. If the violation was minor and unintentional, a sincere letter of apology and a detailed explanation might suffice. However, for serious violations, the Immigration Bureau may not grant a change of status while the applicant remains in Japan. In such cases, the applicant may need to leave Japan and apply for a Certificate of Eligibility (COE) after a certain “cooling-off” period.
3. Credibility of the Employer#
Sometimes, the issue lies not with the applicant but with the sponsoring company.
- The Problem: If the company is newly established with no clear business plan, has a history of labor law violations, or is financially insolvent, the visa may be denied.
- The Solution: In this scenario, the applicant must usually find a different, more stable company to sponsor the visa. No amount of explanation can fix the company’s internal financial or legal issues.
The Principle of Consistency#
The Immigration Services Agency maintains a record of all past applications. When you reapply, the new application is cross-referenced with the previous (denied) one. Consistency is paramount.
If you change your story to fit the criteria without a logical explanation, it may be viewed as a falsification. For instance, if your first application stated you would be working as a “Sales Manager” (denied due to lack of experience), and the second application for the same company states you will be an “IT Engineer,” the examiner will be highly suspicious of the sudden change in job title. You must provide a rational explanation for any changes made between the first and second applications.
Conclusion#
A past denial for a “Student” to “Work” visa change is a serious matter, but it is not necessarily the end of your career in Japan. The path to approval involves:
- Transparency: Do not hide the past denial in future applications.
- Accuracy: Obtain the specific reasons for the rejection from the Immigration Bureau.
- Correction: concretely address the pointed-out defects—whether by improving documentation, changing job duties, or correcting behavior.
By approaching the re-application process with honesty, preparation, and a clear understanding of legal requirements, applicants can significantly improve their chances of securing permission to work in Japan.