2025-07-09 An article in The Guardian (Give asylum seekers the right to work in Britain) discusses working while applying for asylum in the UK.
1. General Rule: No Work Authorization During Refugee Application
As a general rule, foreign nationals applying for refugee status in Japan are not permitted to work while their application is pending. Under the Immigration Control and Refugee Recognition Act, foreign nationals must hold a status of residence that allows for employment in order to legally engage in work activities. However, many refugee applicants either do not have such a status or have overstayed their visas, thus making them ineligible to work.
2. Exceptions: When Work is Permitted
There are, however, exceptions in which foreign nationals may be allowed to work while their refugee status application is under review. These include the following cases:
(1) Applicants with a Valid Status of Residence
If the applicant is already residing in Japan under a status that allows for work—such as “Engineer/Specialist in Humanities/International Services,” “Dependent,” or “Student”—and applies for refugee recognition during that period, they may continue to work (within the scope permitted by their status) until the expiration of that status.
However, if they wish to remain in Japan beyond that period, they must apply for an extension or change of status. Whether or not that application is approved determines if they can continue working.
(2) Special Permission under “Designated Activities (Employment Permitted)”
In cases where the applicant does not possess a valid status at the time of application or has lost it, the Minister of Justice may, at their discretion, grant a “Designated Activities” status that permits employment. This measure was introduced in 2010 as a humanitarian policy for applicants who are facing economic hardship.
3. Conditions and Duration of Work Permission
(1) After 6 Months of Pending Application
According to the Ministry of Justice’s guidelines, if six months have passed since the refugee application was filed without a decision being made, the applicant may apply for a status change to “Designated Activities (Employment Permitted)”, provided certain conditions are met.
(2) Conditions for Eligibility
To qualify for employment permission under this status, the following conditions typically must be satisfied:
- A formal and complete application for refugee recognition has been filed.
- Six months have elapsed with no decision on the application.
- The applicant has not been issued a deportation order.
- The applicant has not violated laws or disrupted public order.
- There is no history of fraud, false identity, or misuse of the refugee system.
- The applicant demonstrates a clear intent and plan to work in Japan.
(3) Details of the Granted Status
- Status of Residence: Designated Activities (with employment permitted)
- Period of Stay: Typically granted in 6-month increments, renewable
- Scope of Work: No specific job category limitations, but certain industries (e.g., adult entertainment) are prohibited
- Work Hours: Full-time employment is generally allowed (up to 40 hours/week)
4. Cases Where Work is Not Permitted
There are several situations in which refugee applicants are not allowed to work, including:
(1) Applicants Without Valid Status (e.g., Overstayers)
If the refugee application is made while the individual is illegally residing in Japan, such as overstaying a visa or entering the country without proper authorization, they are placed on provisional release (kari-hōmen), and work is strictly prohibited during this time.
(2) Clearly Abusive or Fraudulent Applications
When the application is suspected to be a sham—for instance, when multiple applications are submitted solely to delay deportation or for the purpose of securing employment—the authorities will not grant employment permission, even after six months have passed.
(3) Applicants with Deportation Orders
Individuals who have already received a deportation order are not eligible to receive any form of legal status or work permission. Even if they are under provisional release, employment remains prohibited.
5. Systemic Issues and Recent Developments
■ Increase in Abuse of the System
Japan has seen a rise in the number of refugee applications in recent years, with many being filed by foreign nationals who entered Japan under other visa categories (e.g., technical intern, student), and then applied for refugee status to avoid returning home. This has led to increased scrutiny and a tightening of policies regarding work permission during application.
■ Immigration Law Amendment (2023)
Under the 2023 amendment to the Immigration Act, individuals who have been denied refugee status three times or more may be deported even while a new application is under review. As a result, permission to work is increasingly limited to first-time applicants whose cases are still pending review.
6. Conclusion
While work is generally prohibited for refugee applicants in Japan, humanitarian considerations allow for exceptions, particularly after six months of pending review, under specific conditions. However, due to rising concerns over system abuse, the criteria have become increasingly strict.
Foreign nationals considering this path should seek legal advice and consult the latest guidelines from the Immigration Services Agency of Japan.