Proposed Addition of “5 Years” to Period of Stay for Specified Skilled Worker (ii) | Impact on Permanent Residency

On August 4, 2026, the Immigration Services Agency announced a draft ministerial ordinance amendment to add “5 years” to the Period of Stay for the Status of Residence “Specified Skilled Worker (ii)” and conducted the public comment procedure. Public comments closed on September 3, 2026, and the results are now awaiting publication. Promulgation and enforcement are scheduled for early January 2027. At first glance, this appears to be an amendment that extends the Period of Stay and is advantageous; however, the purpose of the draft amendment explicitly states the need for “balance” with the requirements for Permanent Residency, which, for those aiming for Permanent Residency, could effectively mean a tightening of requirements. In this article, we will organize the information from the perspectives of both foreign nationals and corporate HR professionals, based on primary information from the Immigration Services Agency.

For an overview of the Specified Skilled Worker System itself, please refer to “Differences between Specified Skilled Worker (i) and (ii),” and for the requirements for Permanent Residency, refer to “Requirements and Necessary Documents for Permanent Residency.” Please see both for details.

---

1. What is Changing — ‘5 years’ Added to Period of Stay Options

This draft amendment revises Appended Table 2 of the Ordinance for Enforcement of the Immigration Control and Refugee Recognition Act (Ministry of Justice Ordinance No. 54 of 1981) and amends the Period of Stay associated with the Status of Residence “Specified Skilled Worker (ii).” The “Outline of Amendment” published by the Immigration Services Agency states the following:

Regarding the Period of Stay associated with the Status of Residence “Specified Skilled Worker (ii)”, 5 years will be stipulated, in addition to 3 years, 2 years, 1 year, or 6 months.

Immigration Services Agency “Outline of the Draft Ministerial Ordinance for Partial Amendment of the Ordinance for Enforcement of the Immigration Control and Refugee Recognition Act” (August 2026)

In other words, this amendment means that the existing categories (3 years, 2 years, 1 year, 6 months) will remain, and the option of “5 years” will be added. The existing categories will not be abolished.

Please note that this amendment establishes the categories of Period of Stay, and the specific period designated for each individual application will be determined individually based on the results of the immigration review. It is important to understand that this does not mean everyone will automatically receive 5 years if the amendment is enacted.

Relevant Provisions and Procedures

Item	Content
Subject of Amendment	Appended Table 2 of the Ordinance for Enforcement of the Immigration Control and Refugee Recognition Act
Legal Basis	Immigration Control Act Article 2-2, Paragraph 3, and Article 3 of the same Enforcement Ordinance
Case Number	315000139 (Public comment procedure)
Public Comment Period	August 4, 2026 – September 3, 2026, 0:00 (closed)
Jurisdiction	Immigration Services Agency

2. Comparison of Current System and Draft Amendment

The current Periods of Stay and those under the draft amendment are as follows. For reference, other work-related Statuses of Residence are also listed.

Status of Residence	Current Period of Stay	Draft Amendment
Specified Skilled Worker (ii)	3 years, 2 years, 1 year, or 6 months	5 years, 3 years, 2 years, 1 year, or 6 months
Specified Skilled Worker (i)	Period individually designated by the Minister of Justice (not exceeding 3 years)	No change
Engineer/Specialist in Humanities/International Services	5 years, 3 years, 1 year, or 3 months	No change
Nursing Care	5 years, 3 years, 1 year, or 3 months	No change

As can be seen from this table, Specified Skilled Worker (ii) held an exceptional position among other work-related Statuses of Residence, with a maximum Period of Stay of “3 years”. This draft amendment aims to bridge this gap.

3. Reason for Amendment: ‘Balance with Permanent Residency Requirements’

This is the most crucial point of this draft amendment. While it may be presented in news reports in the context of “extended Period of Stay” or “opening the path to Permanent Residence,” the purpose of the amendment indicated by the Immigration Services Agency points in a slightly different direction. The “Purpose of Amendment” in the draft amendment states the following:

• Eight years have passed since the establishment of the Specified Skilled Worker System.
• The necessity to maintain balance so that the requirements for Permanent Residency (having the longest Period of Stay) are not more lenient compared to other work-related Statuses of Residence (where the longest Period of Stay is 5 years).
• The necessity to improve convenience for foreign nationals.

In other words, the motivation to “correct the situation where the Permanent Residence requirements for Specified Skilled Worker (ii) were more lenient than for other Status of Residence” is explicitly included.

Why were they “lenient”?

The Guideline for Permanent Residency (Revised on February 24, Reiwa 8) lists the following as one of the requirements for conformity with national interests:

That the applicant is residing with the longest Period of Stay stipulated in Appended Table 2 of the Ordinance for Enforcement of the Immigration Control and Refugee Recognition Act for the current Status of Residence held.

Immigration Services Agency “Guideline for Permanent Residency” (Revised on February 24, Reiwa 8)

This requirement seeks to hold the longest Period of Stay within that Status of Residence. Applying the current system, it is as follows:

• For Engineer/Specialist in Humanities/International Services → The longest is “5 years”, so it is necessary to hold 5 years.
• For Specified Skilled Worker (ii) → The longest is “3 years”, so holding 3 years satisfies the requirement.

Despite being the same requirement of “longest Period of Stay”, Specified Skilled Worker (ii) only needed 3 years—this is what the Immigration Services Agency refers to as “lenient”. If the longest Period of Stay for Specified Skilled Worker (ii) becomes 5 years due to the revision, the Period of Stay required to meet this requirement will also effectively increase from 3 years to 5 years.

4. Relationship with the Easily Overlooked “Transitional Measures”

Another point to keep in mind is the Transitional Measures set forth in the Guideline for Permanent Residency.

The notes in the same guideline state that until March 31, Reiwa 9 (2027), if a Period of Stay of “3 years” is held, it will be treated as “residing with the longest Period of Stay”. Furthermore, for those who hold a Period of Stay of “3 years” as of March 31, Reiwa 9, if they receive a disposition within that Period of Stay, it will be treated similarly only for the first time.

Then, from April 1, Reiwa 9 (2027), this treatment of considering “3 years” as the longest will be revised, and the requirement will be to reside with the longest Period of Stay for each Status of Residence.

Chronological Summary

Period	Longest Period of Stay for Specified Skilled Worker (ii)	Relationship with Permanent Residence Requirements
Current (August 2026)	3 years	Satisfies the requirement if 3 years is held
Early January 2027 (Scheduled for promulgation and enforcement)	5 years (Proposed amendment)	Due to transitional measures, 3 years is acceptable for the time being
Until March 31, 2027	5 years	Treatment of considering “3 years” as the longest continues
From April 1, 2027	5 years	Deemed treatment will be revised

Since these two developments overlap, the point that with April 1, 2027, as the turning point, the hurdle for the Period of Stay when Specified Skilled Worker (ii) applicants apply for Permanent Residency may change requires particular attention in practice.

5. Impact on Foreign Nationals Themselves

We will summarize the impact on those residing under Specified Skilled Worker (ii) and those aiming to transition to Specified Skilled Worker (ii) in the future.

For Permanent Residency, in addition to the Period of Stay requirement, there are multiple requirements such as the good conduct requirement, independent livelihood requirement, and proper fulfillment of public obligations (tax payment, pension, health insurance, etc.). It is important not to make judgments based solely on the Period of Stay.

6. Impact on HR Professionals at Businesses

From the perspective of accepting companies, the following points are relevant to practical operations.

1. Review of Period of Stay Management: If individuals are granted a 5-year Period of Stay, the management cycle for Period of Stay expiration will change from the conventional one. If your management ledger’s period categories are based on “up to 3 years,” a review is necessary.
2. Reduced Burden of Renewal Procedures: If the frequency of renewal applications decreases, the administrative burden on HR departments and the burden of fees are expected to be reduced.
3. Easier Long-Term Staffing Planning: The prospect of long-term residence for skilled personnel provides valuable input for training investments and deployment plans.
4. Information Provision to Employees Considering Permanent Residency Application: Sharing accurate information within the company about the milestone of April 1, 2027, can prevent employee anxiety and misunderstandings.

It is particularly important for companies not to simplify and communicate that “an extended Period of Stay equals easier Permanent Residence.” Incorrect guidance could affect employees’ application plans.

7. Immediate Actions to Take

The proposed amendment has completed the public comment stage and has not yet been finalized. We will organize what can be done at this moment, in order of priority.

1. Wait for the public comment results to be published: Submissions closed at 0:00 on September 3, 2026. The results will be posted on the relevant e-Gov case page (Case Number 315000139).
2. Those considering a Permanent Residency Application should confirm their current Period of Stay and planned application timing: The interpretation of the required Period of Stay may change around April 1, 2027.
3. Companies should review their Period of Stay management methods: Check your systems and ledgers to see if “5 years” can be added to the period categories.
4. Await information on promulgation and enforcement in early January 2027: Since it is scheduled to be enforced from the date of promulgation, pay attention to information regarding the promulgation period.
5. Consult an expert if you are unsure: Especially for Permanent Residency Applications, the optimal timing varies depending on individual circumstances.

8. Frequently Asked Questions (FAQ)

Q1. When will this amendment take effect?

In the proposed amendment, the promulgation date is set for early January 2027, and the effective date is the date of promulgation. However, this is the current plan and may change depending on the results of the public comment process and future procedures.

Q2. If amended, will my current 3-year Period of Stay automatically become 5 years?

No. The Period of Stay is individually designated after an examination, such as an Application for Extension of Period of Stay. The amendment adds the option of “5 years,” but it does not automatically rewrite the Period of Stay for those already residing in Japan.

Q3. Will the Period of Stay for Specified Skilled Worker (i) also be extended?

This proposed amendment only targets Specified Skilled Worker (ii). The cumulative 5-year limit for Specified Skilled Worker (i) is not addressed in this amendment.

Q4. If the Period of Stay becomes 5 years, will it be easier to obtain Permanent Residency?

There is an opposite aspect to this. One of the requirements for Permanent Residency is “residing with the longest Period of Stay permitted for that Status of Residence.” Therefore, if the maximum becomes 5 years, the period required to meet this requirement will also tend to increase to 5 years. The purpose of the amendment also states, “to maintain balance so that it is not more lenient than other work Status of Residence.”

Q5. If I apply for Permanent Residency Application by March 31, 2027, will a 3-year Period of Stay be sufficient?

Under the transitional measures of the Guideline for Permanent Residency, a Period of Stay of “3 years” is considered the longest until March 31, Reiwa 9 (2027). However, Permanent Residency has several other requirements, and a conclusion cannot be reached based solely on the Period of Stay requirement. We recommend considering individual circumstances.

Q6. Can opinions still be submitted on this proposed amendment?

The public comment procedure is designed to solicit opinions from the general public, but submissions for this case closed at 0:00 on September 3, 2026. Please refer to the “Guidelines for Public Comment” posted on the relevant e-Gov case page for submission methods and formats.

Q7. Can I change from Specified Skilled Worker (ii) to another Status of Residence?

If the requirements are met, it is possible to apply for a change to another Status of Residence. However, you must meet the eligibility and criteria for the new Status of Residence. Since eligibility varies depending on individual circumstances, we recommend consulting us in advance.

9. Summary

The proposed ministerial ordinance amendment to add “5 years” to the Period of Stay for Specified Skilled Worker (ii) was announced on August 4, 2026, and the public comment period closed on September 3, 2026. Promulgation and enforcement are scheduled for early January 2027.

The extension of the Period of Stay itself is a positive change that leads to a reduction in renewal burden and greater stability of life. On the other hand, the purpose of the amendment explicitly states the balance with the requirements for Permanent Residency, meaning that for those aiming for Permanent Residency, the required Period of Stay will effectively increase. Furthermore, considering that the transitional measures of the Permanent Residency Guideline are scheduled to be reviewed on April 1, 2027, this is a situation where the timing of the application can influence the outcome.

It is important to accurately grasp the developments of the system and incorporate them into your own plans, those of your family, and your employees. If you are unsure, please consult an expert promptly. Further information on the overall developments of future acceptance systems, such as the Employment for Skill Development (ESD; Japanese: Ikusei Shuro) Program, is also explained in “What is the Employment for Skill Development (ESD) Program? | Starting April 2027.”

---

---

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 the official information from the Immigration Services Agency or our office.

Author of this article: Satoshi Nakayama, Administrative Scrivener Authorized to File Applications
Representative, Administrative Scrivener Corporation Miyazaki International Legal Office
Location: Miyazaki City, Miyazaki Prefecture