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The business was acquired, the representative changed, or the company name changed. At such times, the question arises: “Can the foreign staff we employ continue to work as they are from tomorrow?”
To state the conclusion first, the Status of Residence of the foreign national will not be invalidated or expire simply because the business owner or company name has changed. What is required in this situation is not an Application for Change of Status of Residence, but a “notification”. Misunderstanding this can lead to preparing unnecessary applications and missing the truly required notification within 14 days. We will clarify this for both the foreign national and the HR professional of the accepting company.
First, let’s summarize the key points.
The date the business owner changed and the expiration date of the Period of Stay have no relation. The first thing to check is the Period of Stay on the Residence Card.
Regarding the special grace period, the Immigration Services Agency states that “until the time the said disposition is made or the day two months have passed from the expiration date of the Period of Stay, whichever comes first,” one can reside with the previous Status of Residence and engage in previous activities. What should be noted here is that the starting point is “from the expiration date of the Period of Stay,” not “from the date of application.” The understanding that “there are two months because I applied” is not accurate.
The Immigration Services Agency’s guidance states that when an Application for Extension of Period of Stay or similar is submitted, the “Application for Extension of Period of Stay, etc. field” on the back of the Residence Card will indicate that the application is pending. However, it includes a parenthetical note: “excluding cases of online applications.”
If an extension application is submitted online, the back of the Residence Card will not show “application pending.” Do not judge eligibility for employment based solely on the card’s entry.
If HR personnel see a Residence Card with an expired Period of Stay on the front and conclude, “It’s expired, they cannot work,” it would mean stopping the employment of someone who is actually legally eligible to work. Immediately after a Business succession, there will be a situation where Residence Cards are inspected all at once, so please adopt a practice of not judging solely by the card’s entry, but confirming the application status with the individual.
The timing of applications and the required documents for renewal themselves are covered in detail in separate articles.
Immigration Control Act Article 19-16, Paragraph 2 obligates notification within 14 days when there has been a change in the name or location, the dissolution, the termination of the contract with, or the conclusion of a new contract with the public or private organization in Japan that is the contracting party.
The Immigration Services Agency’s procedural guidance summarizes the key points of this notification as follows:
| Item | Content |
|---|---|
| Legal Basis for Procedure | Immigration Control Act Article 19-16, Paragraph 2 |
| Applicable Status of Residence | Highly Skilled Professional (i) (a) or (b), Highly Skilled Professional (ii) (a) or (b), Researcher, Engineer/Specialist in Humanities/International Services, Nursing Care, Entertainer (limited to those engaged in activities based on a contract with an affiliated organization), Skilled Labor, Specified Skilled Worker |
| Notification Period | Within 14 days from the date the event occurred |
| Notifier | Mid- to long-term resident themselves |
| Notification Method | Electronic notification system / In-person submission at a counter / Mail |
| Attached Documents | “Submission of documents proving the notified matters is not required” (Immigration Services Agency guidance) |
| Fee | There is no prescribed Fee for the notification itself |
There are two practical points to keep in mind.
One is that the person obligated to notify is the individual themselves. Even if the company attempts to act on their behalf in good faith, the individual is the subject of the obligation. In the context of Business succession, the company’s involvement will be to inform the individual that “this notification is required within 14 days” and to support the procedure, including registration for the electronic notification system.
Another is that no documents are required to be submitted. The Immigration Services Agency explicitly states that the submission of documents to prove the notified matters is not necessary. Please ensure that you do not exceed the 14-day period by attempting to collect registration certificates or transfer agreements before submitting the notification.
This is the most practical part of this article. Even though it’s broadly referred to as “Business succession,” the conclusion changes depending on whether the contracting party (Corporation) changes or not. Typically, it can be categorized into the following three patterns:
| Form of Succession | Counterparty to Employment Contract | Application to Notification Grounds (Typical Example) | Reference Form |
|---|---|---|---|
| Stock Transfer Type (only shareholders change, legal entity remains the same) | Does not change | Does not fall under notification grounds = No notification required | — |
| Trade Name Change (same Corporation changes only its name) | Same Corporation | Change of name of contracting organization | 1-1 |
| Different Corporation becomes employer due to Business transfer, etc. | Changes | Termination of contract + Conclusion of new contract | 1-7 (Forms 1-4 and 1-5 can also be submitted separately) |
The stock transfer type is the most easily misunderstood. Even if the owner and representative change, and the company atmosphere changes significantly, if the Corporation that is the counterparty to the employment contract remains the same, the notification grounds referred to in Article 19-16, Paragraph 2, have not arisen. A notification solely due to a change in representative is not provided for in this article.
Conversely, if a different Corporation becomes the employer due to a Business transfer or company split, from the individual’s perspective, it means “the contract with the previous company ended, and a new contract was concluded with a new company.” This has the same structure as changing jobs. The Immigration Services Agency’s guidance states that Reference Form 1-7 is convenient when notifying both the termination of a contract and the conclusion of a new contract simultaneously.
The table above shows how it can typically be organized. The actual application is determined by the combination of the succession scheme (stock transfer, Business transfer, merger, company split) and how the employment contract was succeeded. In mergers and company splits, the handling of employment contracts depends on individual agreements, and even with the same “Business transfer,” the design of employee treatment differs for each case.
Furthermore, when the employer changes, issues arise that go beyond mere notification. This is the question of whether the scope of work under the new employer falls within the activities permitted by the current Status of Residence. This is a separate matter from notification; if it does not fall within the scope, an Application for Change of Status of Residence will need to be considered. It is necessary to examine the actual contracts and registration documents to determine which applies to your company.
Notifications under Article 19-16 of the Immigration Control Act are divided into Type 1 (Notification concerning the affiliated (activity) organization) and Type 2 (Notification concerning the affiliated (contracting) organization), depending on the Status of Residence. Since both are referred to as “notification of affiliated organization,” they are easily confused.
| Comparison Item | Type 1 (Activity Organization) | Type 2 (Contracting Organization) |
|---|---|---|
| Main Status of Residence | Professor, Business Manager, Legal/Accounting Services, Medical Services, Instructor, Intra-company Transferee, Technical Intern Training, Student, Trainee, etc. | Researcher, Engineer/Specialist in Humanities/International Services, Nursing Care, Entertainer (if based on contract), Skilled Labor, Specified Skilled Worker, etc. |
| Description of Notification Grounds | Change of name/location of organization, dissolution, departure/transfer from said organization | Change of name/location of organization, dissolution, termination of contract with said organization/conclusion of new contract |
| Reference Forms (Contract/Affiliation Related) | 1-2 / 1-3 / 1-6 | 1-4 / 1-5 / 1-7 |
| Forms for Name Change, Location Change, Dissolution | 1-1 (Common) | 1-1 (Common) |
What can be confusing in the context of Business succession is the case where the president themselves is a foreign national holding a “Business Manager” Status of Residence. In this case, it falls under Type 1, while employees (Engineer/Specialist in Humanities/International Services, Specified Skilled Worker, etc.) fall under Type 2. It can happen that within the same company, different articles and forms are used depending on the position.
Please note that form numbers may be subject to change. When actually submitting, please check the latest forms on the relevant page of the Immigration Services Agency (sources are listed at the end of this article).
Up to this point, we have discussed the obligations of the foreign national themselves. Companies also have a system for “Notification concerning the acceptance of mid- to long-term residents” under Article 19-17 of the Immigration Control Act. However, many general businesses are exempt from this notification.
The Immigration Services Agency’s guidance explicitly states regarding eligible organizations: “Organizations obligated to notify the status of foreign employment based on the Act on Comprehensive Promotion of Labor Policies are excluded.” In other words, businesses that submit foreign employment status notifications to Hello Work do not need to submit notifications under Article 19-17 of the Immigration Control Act. If a business is covered by employment insurance, it typically falls under this category.
Additionally, the list of Status of Residence subject to Article 19-17 does not include Specified Skilled Worker, Technical Intern Training, Artist, Religious Activities, or Journalist. Accepting organizations for Specified Skilled Worker have notification obligations under a separate framework, so please do not confuse them.
The Immigration Services Agency states regarding Article 19-17, “Even if a notification is not submitted, no criminal penalties will be imposed; however, the Immigration Services Agency may conduct a careful review, such as confirming factual circumstances, during the Application for Extension of Period of Stay or other permission applications for foreign nationals affiliated with the organization.” It is practical to understand the explanation that there are no criminal penalties and the explanation that a careful review may be conducted during extension applications as a set.
On the other hand, the notification under Article 19-16 by the individual is a separate obligation. It does not mean that “since there is no penalty for the company not submitting the notification, the individual’s notification can also be postponed.”
There are cases where it is difficult for a company to determine whether the scope of work after succession falls within the activities permitted under the current Status of Residence. In such cases, the option is the Certificate of Authorization for Employment (Immigration Control Act Article 19-2).
| Item | Content |
|---|---|
| Positioning | Application for issuance of a document certifying activities permitted under one’s Status of Residence |
| Fee | 2,000 yen upon approval (1,600 yen for online applications) |
| Standard Processing Period | Same day (1 to 3 months if the workplace has changed, etc.) |
| Method of Appeal | None |
| If the workplace has changed | Submission or presentation of documents detailing the new workplace and activity content is required |
Please note that this fee is not subject to the revision of Immigration Services Fee on October 1, 2026.
Acquisition is optional. It does not mean that employment is impossible without a Certificate of Authorization for Employment. Immigration Control Act Article 19-2, Paragraph 2 stipulates that when the activities that can be engaged in are clear, a foreign national shall not be treated disadvantageously for not presenting or submitting this document. Since the provision includes the condition “when clear,” it is not accurate to interpret it as “requesting presentation itself is illegal.” It is practical to position it as one of the optional verification methods.
In cases where the employer changes due to business transfer or similar, and the work content also changes, the standard processing period will be 1 to 3 months instead of the same day. It is necessary to act early in accordance with the succession schedule.
Once the effective date of succession is determined, following the steps below will help prevent omissions.
The basics of foreign employment, such as managing the risk of illegal employment and how to read Residence Cards, are covered in separate articles.
If the corporate entity remains the same and the counterparty to the employment contract has not changed, the notification event referred to in Immigration Control Act Article 19-16, Paragraph 2, typically does not arise. There is no provision in the same article that requires notification of a change in representative itself. However, if a change of trade name or business transfer has occurred in conjunction with the change of representative, separate consideration is required.
Even if the deadline has passed, it is generally better to submit the notification promptly rather than not submitting it at all. The status of the notification may be checked during the subsequent review of the Application for Extension of Period of Stay. Depending on the circumstances, individual judgment may be required, so please consult our office.
The reporting obligor under Article 19-16 is the mid- to long-term resident themselves. There is no system for companies to assume this obligation. In practice, it is realistic for companies to guide the necessity, and support the registration for the electronic notification system and the confirmation of the entered information.
The change of employer itself is handled by notifying the termination of the contract and the conclusion of a new contract. However, if the job duties under the new employer do not fall within the scope of activities permitted by your current Status of Residence, you will need to consider filing an Application for Change of Status of Residence. If it is difficult to determine whether the duties fall within the scope, an Application for Certificate of Authorization for Employment is also an option.
The Immigration Services Fee was revised from October 1, 2026. The applicable amount will vary depending on the application acceptance date, so please check the separate article.
The notification regarding the contracting organization is not a procedure to rewrite the information on your Residence Card. It is a separate procedure from the notification of changes to Residence Card particulars (changes in name, date of birth, gender, or nationality).
Since notifications are not procedures for determining permission or Denial, the concept of an examination period does not apply. The standard processing period for an Application for Extension of Period of Stay is said to be 2 weeks to 1 month. Trends in actual processing times are covered in a separate article.
Our office provides consultations from both foreign nationals and accepting companies, based on the latest institutional trends.
Please feel free to use our free consultation service first.
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For those who will apply for a status of residence at the Immigration Services Bureau by themselves. Before you submit, we check your application form and supporting documents and tell you about any missing documents and points to watch. We accept checks online (Google Meet, about 20 minutes) or via LINE.
・Eligible: applications for a Certificate of Eligibility, change of status of residence and extension of period of stay (applications for permanent residence are accepted only from residents of Miyazaki Prefecture). Naturalization is not covered.
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・What we tell you is our office’s opinion. It does not guarantee approval; the outcome depends on the decision of the Immigration Services Bureau.
・We only point out missing documents and points to watch. We do not prepare or rewrite your application documents for you or draft text for them, and we do not tell you whether your application is likely to be approved (if you would like to engage us, we will introduce the Self-Prep Course, the Light Plan and the Standard Plan).
・If we find that a document contains information that is not true, or that the application is not your own (or a family member’s), we will decline the check.
This article is written based on publicly available information as of September 2026. Details of the system and implementation dates may change in the future. For actual applications, please confirm with official information from the Immigration Services Agency or our office.
Author of this article: Administrative Scrivener Authorized to File Applications, Satoshi Nakayama
Representative, Administrative Scrivener Corporation Miyazaki International Legal Office
Location: Miyazaki City, Miyazaki Prefecture
