Revised Immigration Control and Refugee Recognition Law
QUESTION 1:
I overheard that the Immigration Control and Refugee Recognition Law (hereinafter called as “Immigration Law”) was revised the other day. From when will it be enforced?
ANSWER 1:
It started from April 1, 2019. This revision was materialized in the 197th National Diet (extraordinary Diet session) last December 8, 2018 and was proclaimed as “Act No. 102 in 2018” on December 14, 2018. It is well-known that the situation of deliberations has been watched repeatedly and it has been attracted the social interest.
QUESTION 2:
Why was it revised? What are the background and reason of it?
ANSWER 2:
These are as follows:
1. The reduction of productive population
No. 1 of the background and reason is the “reduction of productive population”. The productive population means that the age group of 15 to 64 years old, and reduction of this layer had been enhanced in 2008 and afterwards in Japan. For example, the productive population, which was about 87 million people at the first half of the 1990s, decreased to 67,200,000 people in 2017, and it was decreasing about 20 million people within these 27 years. The shortage of talented people will be regarded as questionable problem by this influence in Japan, and it is expected that it will further aggravate from now on.
2. Over concentration to urban areas and decrease in population in rural areas
While the population of whole Japan decreases, the population of urban areas is increasing. In order that a young generation may separate from rural areas especially for reasons of entrance into a school of higher grade or employment, it is in the situation, which the labor force in the country and especially an alpine club is insufficient. Furthermore, a local elderly ratio is higher than urban areas, and runs short of helps in the care field and especially the field of primary industries (agriculture, forestry, fisheries etc.).
3. The increase in the bankruptcy due to a labor shortage
Moreover, the “shorthanded bankruptcy” which goes bankrupt for the reason that no talented people is increasing. The shorthanded bankruptcy in the 2017 fiscal year is 114 affairs. It is increasing for four consecutive years and has swollen up 2.5 times compared with the number of five years ago. Bankruptcy of the “construction industry”, “service industry”, and “manufacturing industry” occupies the higher rank in it.
4. Prevention of the economic growth by a labor shortage
According to the Ministry of Internal Affairs and Communications, the above-mentioned tendency will continue from now on, and it is supposed to decrease for about 63 million people in 2036. Then, the government was apprehensive about these situations and judged that it was necessary to make the utilization of the talented people from overseas.
So, the Immigration Law had to conform to this request in order to fulfill it. However, it became clear that there was a limitation as long as the Immigration Law was examined. That is, those who can work for a long period of time in Japan on the present Immigration Law are 2 categories. First, those who are given the status of residence, is called an advanced professional work pursuer, specified in the table-1 of the Immigration Law. And, the other one are those who belong to the table-2 (“Permanent resident”, “Spouse/child of Japanese national”, “Spouse/child of permanent resident” and “Long term resident”).
According to the statistics, the foreign residents in total at the end of time in June 2018 is 2,637,251 persons, and the total of those who are employed occupies 2,137,354 persons (81%) among these resident. However, the pursuer of the type of industry currently called for is only 285,776 persons of the Immigration status of “Technical Intern Training”, and it’s just only 1.33% of all persons who engaged in working. Then, the revision of the law is going to relieve a labor shortage in response to the demand of such society and companies.
QUESTION 3:
What are the revised contents?
ANSWER 3:
When it divides roughly, there are two points as follows.
- Establishment of “Immigration status of residence”
- Reorganization of Immigration Bureau
The Immigration status of residence established newly is the “Specific skill No. 1” and “Specific skill No. 2”. As you see, there are 28 types of Immigration status of residence on the Immigration law until now. Therefore, there are 30 types of Immigration status of residence in total from April 1 of this year.
The “Re-organization of the Immigration Bureau” means that is, in a word, strengthening and expansion of the organization of Immigration Bureau. That is, the “Immigration Bureau” which was of the Ministry of Justice until now turns into an extra-ministerial bureau (*), and the name is simultaneously, changed from the “Immigration Bureau” to the “Immigration Visa Management Agency”.
(*) an internal division = the subsidiary organ which takes charge of the fundamental duty in each ministry.
(*) an extra-ministerial bureau= the governmental agency of the country on a par with each ministry. It means that becoming a governmental agency of the country is reorganized and promoted, and ranks with the Ministry of Justice.
The work of the Immigration Visa Management Agency is added the “cooperating with relevant ministries and agencies and implementing a measure required for realization of convivial society with foreigners, such as support for the foreigner as a citizen” in addition to smooth “immigration examination” and “strict immigration control” from now on.
QUESTION 4:
What are the contents of the status of residence established newly concretely?
ANSWER 4:
Please find it as follows.
1) “Specific skill No. 1”
The conditions for entering/residing in Japan as the “specific skill No. 1” are as follows.
(1) An applicant must be aged 18 or over.
(2) An applicant must speak Japanese.
He/she must pass the examination (which is judgment test of Japanese carried out in the native country and Japan) of having the Japanese capability that does not have any trouble in an everyday life and the business which he/she is going to engage.
(3) An applicant must pass the examination of the “specific skill No. 1”.
This examination is carry out in his/her native country and Japan in order to examine for measuring whether he/she has the considerable knowledge and skill about one of 14 types of industry listed up below.
- Care business
- Building cleaning business
- Formed-and-fabricated-materials industry
- Industrial machine manufacturing industry
- Electricity and the electronic device correlative industry
- Construction industry
- Shipbuilding and ship industry
- Automobile maintenance business
- Aviation business (airport grand handling and airplane maintenance),
- Lodging industry
- Agriculture
- Fishing
- Eating-and-drinking goods manufacture business (marine products processing industries are included)
- Dining-out business
(4) An applicant must conclude the specific skill employment contract
If he/she can pass the examination, he/she can come into and reside in Japan based on the certificate of eligibility issued from the Immigration, which the employment contract company would have made the application for certificate of eligibility. The period of stay of “specific skill No. 1” divides “4 months”, “6 months” and “1 year” and all of it are supposed to be granted five years at the longest. He/she cannot accompany his/her spouse and child with him/her unfortunately.
On the other hand, the special rule is enacted for “Technical Intern Training” who does want to change his/her status to the “Specific skill No. 1” without going back his/her native country. He/she can apply for change his/her status to it if he/she graduated the course of “Technical Intern Training No. 2” and wants to work in the same place of business as the former. And, his/her residents term will complete by September 30, 2019.
Detailed information will be given to him/her from his/her place of business.
2) “Specific skill No. 2”
The conditions which can enter and reside in Japan as the “Specific skill No. 2” need to have passed the “examination for proving having the skilled skill” in addition to the requirements for the “Specific skill No. 1”. This examination will begin from the 2021 fiscal year, and the corresponded industries are only two types of the “construction industry” and “shipbuilding and ship industry” for the time being. If he/she can pass this examination, he/she can reside in Japan as long as he/she is in office. Moreover, he/she can accompany with his/her spouse and child who are not accepted on the “Specific skill No. 1”.
QUESTION 5:
What are the other reference matter?
ANSWER 5:
For your information, please find it.
1. Discretion of the Immigration Visa Management Agency
When the foreign workers increase in number too much and it becomes an issue in these types of industry in the future, the Immigration Visa Management Agency serves as the system where the authority can stop the issuance of certificate of eligibility by the discretion, in order to regulate entrance into a country and the residents.
2. Examination and proficiency test of Japanese
An applicant can obtain the required information since each examination mentioned above will carry out in his/her native country and in Japan. So, he/she can get these information if he/she will contact his/her home government organizations (Ministry of Labor, the overseas employment agency, etc.) or the Immigration Visa Management Agency in Japan.
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