Engineer Visa Denial Cases and Countermeasures | Five Pitfalls
Engineer Visa Denial Cases and Countermeasures | Five Pitfalls
The Engineer visa is a residence status with a high likelihood of approval if you correctly understand the requirements and prepare accordingly. However, it is also a fact that a certain number of denials are issued each year. In this article, based on the approval and denial cases published by the Immigration Services Agency of Japan, we explain the five typical patterns that lead to denial and concrete countermeasures.
Reference: Immigration Services Agency of Japan, “Clarification of the ‘Engineer/Specialist in Humanities/International Services’ Residence Status” — collection of approval and denial cases
Pitfall 1: The Job Duties Fall Under “Unskilled Labour”
Cases That Are Denied
The Engineer visa is a residence status for “work requiring specialized knowledge or technology.” Work such as the following is judged to be unskilled labour and is denied.
| Denied Job Duties | Reason |
|---|---|
| Line work at a factory (assembly, inspection) | Does not require specialized knowledge |
| Hall duties at a restaurant (serving food, register) | Can be learned through short-term training |
| Register duties at a convenience store | No expertise |
| Guest room cleaning at a hotel | Does not fall under Engineer visa work |
| Picking and sorting at a warehouse | Does not require specialized knowledge |
| Labour as a worker at a construction site | Within the scope of Technical Intern Training or Specified Skilled Worker |
Important: The perception that “a university graduate can work at anything on an Engineer visa” is mistaken. No matter how highly educated a person is, the Engineer visa is not granted if the job duties are unskilled labour.
Countermeasures
- State specialized work concretely in the employment contract and the statement of job duties
- Avoid vague expressions such as “including ○○,” and make the principal duties clear
- Where there is a training period, prepare a training plan and clearly indicate the assignment after the training
Pitfall 2: Insufficient Relevance Between the Major and the Work
Cases That Are Denied
| Major | Work | Reason for Denial |
|---|---|---|
| Education | Production management at a factory | No relevance between the major and the work |
| Literature | Programming at an IT company | Has not taken IT-related subjects |
| Japanese language department (vocational school) | General administrative work | Japanese language ability is not specialized knowledge |
| Tourism studies | Management of a logistics warehouse | No relevance between the major and the work |
Countermeasures
- Explain the relevance logically in the letter of reason — Describe concretely the points of contact between the subjects majored in and the job duties
- Use the academic transcript — Show the record of relevant elective subjects taken
- Graduation thesis and research theme — If research relevant to the work was conducted, highlight it
- If relevance simply cannot be found, also consider the possibility of another residence status
Pitfall 3: Remuneration Is Not “Equal to or Greater Than That of a Japanese National”
Cases That Are Denied
| Situation | Reason for Denial |
|---|---|
| ¥130,000 per month (university graduate, working in Tokyo) | Markedly low compared with Japanese nationals at other companies in the same industry |
| ¥30,000 per month less than a Japanese new graduate at the same company | Clearly discriminatory treatment |
| Base salary is equal, but only the foreign national receives no housing allowance | Discrimination without reasonable grounds |
| Below the minimum wage during the probation period | Violation of laws and regulations |
Countermeasures
- Set the remuneration in the employment contract at an appropriate level — Ensure it is equal to or greater than that of Japanese nationals at the same company
- Check consistency with the wage regulations — Verify that a separate standard is not applied only to foreign nationals
- Research the industry standard in the region — Grasp the market rate from job listings of other companies in the same industry
- Where the remuneration is on the low side, explain in the letter of reason the reasonableness in light of the regional market rate and the company’s size
Pitfall 4: Doubts About the Company’s Stability and Continuity
Cases That Are Denied
| Company Situation | Reason for Denial |
|---|---|
| Just established, with no sales record | Doubts about the continuity of employment |
| Loss-making settlements for three consecutive terms | Doubts about the ability to pay salaries |
| A corporation whose only employee is the representative | Doubts as to whether Engineer visa work truly exists |
| No substance to the office (virtual office only) | Doubts about the substance of the business |
| Past record of being cited for illegal employment | Doubts about proper employment management |
Countermeasures
- For newly established corporations: Submit a detailed business plan, contracts with business partners, and a funding plan
- For loss-making companies: Prepare an improvement plan and explain concretely the outlook for returning to profit
- For small companies: Prove with a list of orders received and similar materials that the workload truly exists
- Substance of the office: Submit photos of the office (exterior and interior) to show that business is actually being conducted
Pitfall 5: False Applications and Deficient Documents
Cases That Are Denied
| Problem | Result |
|---|---|
| Misrepresentation of academic background (forged graduation certificate) | Denial + adverse effect on future applications |
| The actual work differs from the content of the application | Denial (and in some cases revocation of residence status) |
| False statements about one’s history | Denial + application of a period of denial of landing |
| Non-submission or shortage of required documents | There is an opportunity for additional submission, but denial if there are many missing items |
Countermeasures
- Never make a false application — A false application is a violation of the Immigration Control Act and may also constitute grounds for deportation
- Verify the accuracy of the documents — Watch out for typographical errors and mistakes in figures
- Checklist before submission — Cross-check against the list of required documents to confirm nothing is missing
- Consult an expert about anything you do not understand — Rather than leaving unclear points unresolved and making an incorrect application, confirm in advance
What to Do If You Are Denied
Even in the unlikely event of a denial, there is no need to give up immediately.
| Response | Content |
|---|---|
| Confirm the reason for denial | Receive an explanation of the reason for denial at the Regional Immigration Services Bureau |
| Consider reapplying | Reapplication is possible after resolving the reason for denial |
| Consider another residence status | If the Engineer visa is difficult, consider the possibility of Designated Activities and the like |
| Departure preparation period | Where a change of status of residence is denied, Designated Activities for preparation for departure (30 or 31 days) may be granted |
Point: It is important to grasp the reason for denial accurately and to reapply only after completely resolving that reason. Reapplying with the same content will not change the result.
Our Support
For consultations regarding Engineer visa applications, trust Kaneko Hidetaka Administrative Scrivener Office.
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