2025-12-07

Foreign nationals require a work visa to work in Japan. However, many people wonder whether they can work while their work visa application is pending. Here, we clearly explain the legal basis and key points for three categories: employment at general companies, Specified Skilled Worker status, and Technical Intern Training.

General Employment

For “general employment visas” such as Engineer, Business Management, or Intra-company Transferee, whether a foreign national can work during the application process depends on whether they hold a valid status of residence.

In summary, even while applying for a work visa, if the current status of residence remains valid, the individual can work within the scope of that status. However, once the period of stay expires, work is not permitted, even during the “special period” (maximum 2 months).

Additionally, if applying to change status and subsequently granted “Permission for Activities Outside the Scope of Status of Residence (Permission for Designated Activities, commonly called Permission to Continue Working)” by the immigration office, the foreign national may continue working. However, without this permission, work is not permitted.

For employment management purposes, it is crucial for the company to retain the residence card, application receipt slip, confirmation of the Permission for Designated Activities, and copies of these documents. Violating this requirement may result in administrative penalties or refusal of landing.

For Specific Skills

Regarding employment while applying for a work visa under the Specific Skills system, it is generally safer to assume that employment is not permitted. This is because the Specific Skills status is closely tied to the employing company and job duties. Working before the status is granted is highly likely to constitute illegal employment as unauthorized activity.

However, as an exception, when transitioning from Technical Intern Training to Specified Skilled Worker, if the change application is accepted within the existing period of stay, permission to continue working (Permission for Designated Activities) may be granted. In this case, work is permitted even during the Specified Skilled Worker application process. However, if the change involves altering the company’s business activities, the likelihood of permission being granted decreases.

Furthermore, under the Specified Skilled Worker system, the implementation status of the support plan and the appropriateness of working conditions are also subject to review. Therefore, if the company does not fully understand the system, the application may be denied. When employing someone on a Specified Skilled Worker visa, it is necessary to proceed in consultation with experts regarding the determination of whether work is permitted during the application process.

Regarding Technical Intern Training

Regarding technical intern training, it is crucial to understand that the training program does not qualify as a “work visa.”

The purpose of technical intern training is not labor force acquisition but skill transfer to developing countries. Therefore, training or work cannot be performed without holding the “Technical Intern Training” status of residence. Consequently, work is not permitted while applying for a technical intern visa.

Caution is also required during the transfer process within technical intern training. Working before the Technical Intern Training Program plan is certified, the job type is changed, or transfer permission is granted may subject the company, supervising organization, and trainee to penalties.

However, if permission for “Designated Activities (Continuing Employment)” is granted while preparing to transition from Technical Intern Training to Specified Skilled Worker, work becomes permissible even during the status change process. Since the Technical Intern Training Program involves rigorous audits and legal regulations, confirming the timing of status changes and work eligibility is crucial.

Summary

Whether work is permitted during a work visa application depends significantly on the type of residence status, the transition method, and whether permission has been granted. To avoid the risk of illegal employment, both the foreign national and the accepting company must regularly confirm the status of the Residence Card, the application receipt slip, and the existence of work permission, ensuring strict compliance with legal employment requirements.