In 2023, Japan is continuing to implement updates to its immigration laws, with a focus on attracting highly skilled foreign professionals and making the immigration process more streamlined and efficient.

Some of the key updates and changes for this year we will consider in our news section:

• The Highly Skilled Foreign Professional visa is a special visa category that provides preferential treatment in terms of immigration procedures and residency requirements for foreign nationals who have a high degree of specialized knowledge and experience in their field of work. The visa category was introduced in 2012 as part of Japan’s efforts to attract more highly skilled foreign professionals.

As of 2023, Japan has expanded the eligibility criteria for the Highly Skilled Foreign Professional visa category to include more fields of expertise. The expanded fields include artificial intelligence, renewable energy, advanced materials, and others. This means that foreign nationals who have expertise in these fields may now be eligible for the visa category and its associated benefits.

Under the Highly Skilled Foreign Professional visa category, applicants are given a points-based evaluation system that considers factors such as academic background, work experience, and salary level. Applicants who score a certain number of points are eligible for preferential treatment in terms of immigration procedures and residency requirements, such as the ability to bring family members to Japan, a shorter processing time for visa applications, and a faster path to permanent residency.

In addition to expanding the eligibility criteria for the Highly Skilled Foreign Professional visa category, Japan is also continuing to promote the visa category and its benefits to foreign nationals. The government has established a special website to provide information on the visa category and is working with overseas Japanese embassies and consulates to promote the visa to potential applicants.

• Japan has imposed a new visa category for remote workers. This new visa category is aimed at foreign nationals who wish to work for a Japanese company but want to do so while living outside of Japan. The visa category is a response to the increasing popularity of remote work due to the COVID-19 pandemic.

The new visa category for remote workers is called the “Designated Activities (Work style Reform)” visa. This visa category allows foreign nationals to work for a Japanese company while living outside of Japan for up to 180 days per year. To be eligible for the visa, the foreign national must be employed by a Japanese company and must have a contract that specifies the nature of their work, the duration of their employment, and their compensation.

To apply for the visa, the foreign national must submit a range of documents, including their passport, their employment contract, and proof of their financial means to support themselves while living outside of Japan. The application process is expected to be relatively straightforward, and the visa will be valid for up to five years.

The new visa category for remote workers is expected to be particularly attractive to foreign nationals who have ties to Japan or who wish to work for a Japanese company but do not want to live in Japan permanently.

• Japan has introduced a new points-based system for certain visa categories, including the Highly Skilled Foreign Professional visa and the Engineer/Specialist in Humanities/International Services visa. The points-based system is designed to evaluate the qualifications of applicants and give preferential treatment to those who meet certain criteria.

Under the new system, applicants will be given points based on factors such as academic background, work experience, language ability, and other factors. Applicants who score a certain number of points will be eligible for preferential treatment in the immigration process, such as a shorter processing time for visa applications or the ability to bring family members to Japan.

The points system is intended to make the immigration process more transparent and objective, and to attract more highly skilled foreign professionals to Japan. It is also intended to help address the labor shortages that many industries in Japan are currently facing.

The point system is divided into four categories: (1) academic background, (2) work experience, (3) language ability, and (4) other factors such as salary level and age. Within each category, applicants can earn points based on specific criteria. For example, in the academic background category, applicants can earn points for having a graduate degree or for having published academic papers in their field.

The exact point system and criteria for each visa category may vary, and the number of points required for preferential treatment may also differ depending on the category and the specific immigration procedure.

• As of 2023, Japan has extended the validity period for certain visa categories, including the Engineer/Specialist in Humanities/International Services visa and the Technical Intern Training visa.

Under the new rules, the validity period for the Engineer/Specialist in Humanities/International Services visa has been extended from five years to ten years, while the validity period for the Technical Intern Training visa has been extended from three years to five years. This means that foreign workers who hold these visas can now stay in Japan for longer periods of time without needing to renew their visas as frequently.

The extension of the validity period is expected to provide several benefits for foreign workers in Japan. For example, it will allow them to focus more on their work and less on navigating the visa renewal process.

The extension of the validity period is also expected to benefit Japanese employers, as it will provide more stability and predictability in their workforce.

The extension of the validity period for certain visa categories is seen as a positive development for both foreign workers and Japanese employers, and is expected to help address some of the labor shortages that many industries in Japan are currently facing.

• Japan has introduced new regulations related to the re-entry of foreign workers who leave Japan temporarily. Under the new regulations, foreign workers who hold certain visa categories, including the Engineer/Specialist in Humanities / International Services visa and the Technical Intern Training visa, will be able to apply for a new “specified re-entry” permit.

The specified re-entry permit will allow foreign workers to leave Japan temporarily for up to one year and return to Japan without needing to apply for a new visa or go through the visa application process again. This is a significant change from previous rules, which required foreign workers to apply for a new visa every time they left Japan and wanted to return.

To apply for the specified re-entry permit, foreign workers must meet certain requirements, including having a valid visa and a valid residence card, and having a valid reason for leaving Japan temporarily, such as for work or personal reasons.

The new regulations related to specified re-entry permits are intended to provide more flexibility and convenience for foreign workers in Japan, and to encourage them to stay in Japan for longer periods of time.

• The new rules related to work permits for foreign students studying in Japan.

Foreign students who hold a designated school status in Japan are now allowed to work part-time for up to 28 hours per week during the academic term and up to 40 hours per week during school breaks, without needing to obtain a separate work visa.

To be eligible for the part-time work permit, foreign students must hold a valid student visa and be enrolled in a designated school in Japan, such as a university, vocational school, or Japanese language school. They must also have a good academic record and be able to balance their work and studies.

The part-time work permit is intended to provide more opportunities for foreign students to gain work experience, earn money to support themselves while studying in Japan, and to improve their Japanese language skills and cultural understanding. It is also expected to benefit Japanese businesses, which can tap into a new pool of talented and motivated workers.

However, it’s important to note that the new rules only apply to foreign students who hold a designated school status in Japan. Other foreign students who hold different types of visas or who are not enrolled in designated schools may still need to obtain a separate work visa to work in Japan.

• The new rules related to the immigration of family members of foreign workers in Japan:

Under the new rules introduced in 2023, family members of foreign workers who hold certain visa categories, such as the Highly Skilled Foreign Professional (HSFP) visa, may be eligible for preferential treatment in the immigration process.

Specifically, family members of HSFP visa holders may be able to apply for a “dependent” visa, which allows them to live and work in Japan without needing to obtain a separate work visa. This means that they can work in any field or industry without restrictions.

In addition, the new rules allow for a shorter processing time for visa applications for family members of HSFP visa holders. This is intended to help families reunite more quickly and to support the integration of foreign workers into Japanese society.

To be eligible for the preferential treatment, the foreign worker must hold a valid HSFP visa and meet certain criteria, such as having a high salary, advanced degree, or other specialized skills. The family members must also meet certain eligibility requirements, such as being a spouse, child, or parent of the foreign worker.

The new rules are designed to make it easier for foreign workers and their families to settle in Japan and to attract more skilled professionals to work in Japan. They are part of a broader effort by the Japanese government to promote immigration and address labor shortages in key sectors of the economy, such as healthcare, technology, and manufacturing.

• As for labor laws in Japan and how they may impact international workers.

Japan has a complex set of labor laws and regulations that govern employment practices and protect the rights of workers. Some of the key labor laws in Japan include the Labor Standards Act, which sets minimum standards for working conditions and wages, and the Industrial Safety and Health Act, which sets standards for workplace safety and health.

International workers in Japan are generally covered by the same labor laws and regulations as Japanese workers, and are entitled to the same rights and protections under the law. This includes minimum wage, working hours, overtime pay, and other benefits.

However, in some cases, international workers may be vulnerable to exploitation or mistreatment by employers who take advantage of their lack of knowledge or language skills.

To address these issues, the Japanese government has taken steps to increase awareness of labor laws and regulations among international workers and to provide support and assistance to those who may be experiencing difficulties in the workplace.

Hoang Anh Smart Safety Solutions Co. Ltd is dedicated to providing our customers with up-to-date information and expert guidance to ensure their rights as foreign workers and that they receive fair and equitable treatment while abroad from their employers.