Hiring Foreign Nationals in Japan: Must Employers Check Their Passports?
Hiring a foreign national in Japan involves several procedures, and employers often wonder which documents they need to check. A passport may be the first document that comes to mind, but is checking it enough? This article explains the documents employers should review.
For a complete overview of the hiring process, see:
Documents to Check When Hiring a Foreign National
Employers should generally review three basic items.
Residence Card: The Most Important Document
Use the residence card to confirm the person's status of residence, whether employment is permitted, and the period of stay.
Passport: A Supporting Document
A passport is generally supplementary to the residence card. It can help confirm the person's identity and check that the information matches the residence card.
Permission to Engage in Activities Other Than Those Permitted: When Applicable
This permission requires particular attention for people whose status of residence is “Student” or “Dependent.” The permission is normally recorded on the back of the residence card.
Why the Residence Card Is Crucial
The residence card is the most important document for an employer to check. Focus on the following three points.
For guidance on reading a residence card, see:
Status of Residence
A person's status of residence determines the types of work they may perform.
For example, the status “Engineer/Specialist in Humanities/International Services” generally permits professional work falling within specified categories. Confirm that the proposed duties are compatible with the person's status.
Whether Employment Is Permitted
Check the section concerning employment restrictions. If it states that the holder is not permitted to work, the employer cannot simply hire the person as a regular employee.
Some individuals may work only within the scope of separate permission. Always read the relevant entries on both sides of the card.
Period of Stay
Employing someone who is no longer legally permitted to stay or work may expose the employer to liability for promoting illegal employment.
Check that the period of stay has not expired and, where an extension application is pending, obtain appropriate evidence and confirm the person's current status.
For more information about employer liability, see:
The residence card contains the core information an employer needs when hiring a foreign national, which is why it is more important than the passport for checking work eligibility.
When Should an Employer Check the Passport?
It is advisable to review the passport when there is any concern about the residence card, such as:
• Faded or unclear printing
• Misaligned text
• An unnatural font or layout
• An unusually long or short validity period
• Inconsistent identity information
These issues may indicate forgery or misuse. Comparing the passport with the residence card provides an additional identity check.
May the Employer Keep a Copy?
A passport copy is not automatically necessary in every case. Keep one only when there is a clear and legitimate need.
Collecting a copy “just in case” may create unnecessary privacy risk. Limit retention to the minimum required, state the purpose, protect the information appropriately, and securely dispose of it when it is no longer needed, including after the employee leaves.
Although employers are not generally required simply by immigration law to retain a residence-card copy, many businesses keep one as evidence of the checks made at hiring and during employment. If a copy is kept, it should also be securely managed and deleted when the retention purpose ends.
The key point is to distinguish between documents that must be inspected and copies that genuinely need to be retained.
Common Employer Mistakes
Case 1: Checking Only the Passport
A hiring manager checked the applicant's passport and assumed that identity confirmation was enough.
The residence card later showed “Dependent,” a status that does not itself permit unrestricted employment. The applicant believed part-time work was always allowed, and the employment became unauthorized.
Always check the employment-restriction section of the residence card and any permission for activities outside the person's status.
Case 2: Seeing the Residence Card Without Understanding It
The employer checked both the passport and residence card but did not understand the status of residence.
The employee held “Engineer/Specialist in Humanities/International Services” but was assigned routine warehouse sorting work. The duties did not match the permitted activities, creating an immigration-compliance problem.
Do not stop at confirming that a card exists. Assess whether the actual duties are compatible with the status.
Case 3: Accepting “My Extension Is Pending” Without Evidence
The applicant was hired near the end of the authorized period of stay and said an extension application was pending.
The employer reviewed only the passport and residence card. The application was later denied, but work continued after the authorized period expired.
In this situation, the employer should request evidence that the application is pending, monitor the result, and reassess work authorization promptly.
Case 4: Overlooking a Mismatch Between the Passport and Residence Card
The spelling of the name on the passport differed slightly from the residence card. The employer assumed it was merely a spelling variation.
It was later discovered that the card belonged to another person.
Minor differences can have legitimate explanations, but any inconsistency should be investigated with additional documents before hiring.
Case 5: Making Only a Formal Check
The employer looked at both documents and assumed everything was in order.
The employee had “Student” status and permission to work outside the original status, but was scheduled for more than 40 hours per week. The employer argued that documents had been checked, yet the work conditions exceeded the permitted scope.
A purely formal review is not enough. Employers must also check the actual duties, working hours, and other employment conditions.
Pre-Hiring Checklist
Identity
• The name and date of birth are consistent
• The photograph matches the individual
• Passport and residence-card information are consistent
Residence Card
• The type of status of residence has been confirmed
• Employment restrictions have been checked
• The period of stay is still valid
• Both sides of the card have been reviewed
• Authenticity has been checked where appropriate
Employment Conditions
• The status of residence matches the proposed duties
• The work is not outside the permitted scope
• Salary, job title, location, and other conditions are appropriate
Permission for Activities Outside the Status
• The existence and scope of permission have been confirmed
• Working hours are scheduled within the permitted limit
• For many students and dependents, the general limit is 28 hours per week, subject to the precise permission and applicable rules
Period of Stay and Extension Risk
• Sufficient time remains before expiration
• Any planned or pending extension has been confirmed
• A process is in place to monitor future expiration dates
Document Retention
• Copies are retained only when necessary
• The purpose of retention is clear
• Access and storage are appropriately controlled
• Documents will be deleted when no longer needed
Final Review
• The person's explanation is consistent with the documents
• No uncertainty has been left unresolved
• The actual work conditions have been checked, not merely the documents
When to Consult an Administrative Scrivener
Even after reviewing the passport and residence card, determining whether the proposed work is permitted may be difficult.
If an employer fails to confirm the status of residence and employment conditions, there is a risk that the work may be treated as unauthorized. If you are uncertain whether a planned hire complies with immigration requirements, consider consulting an administrative scrivener or another qualified specialist before employment begins.
For more information about consulting an administrative scrivener on visa procedures, see:
