On August 4, 2026, the Immigration Services Agency of Japan announced a draft ministerial ordinance to add a “5-year” period of stay option for the Specified Skilled Worker (ii) visa category. This amendment carries significant implications for foreign nationals residing in Japan and for companies employing foreign talent. This article provides a detailed analysis from an immigration law specialist’s perspective, covering the background, specifics, and recommended responses to this important change.

■ What is Specified Skilled Worker (ii)?─Overview of the System

The Specified Skilled Worker system was established in April 2019 as a relatively new status of residence. It aims to accept foreign nationals with certain professional skills in industries facing serious labor shortages.

The system comprises two categories—(i) and (ii)—with the following distinctions:

Specified Skilled Worker (i)
・For foreign nationals possessing skills requiring a considerable degree of knowledge or experience
・Maximum cumulative period of stay: 5 years
・Family accompaniment generally not permitted

Specified Skilled Worker (ii)
・For foreign nationals with advanced skilled expertise
・No limitation on renewal of period of stay; permanent residence effectively possible
・Family accompaniment (spouse and children) permitted

Specified Skilled Worker (ii) represents a residence status designed for foreign nationals with higher-level skills who are expected to integrate more deeply into Japanese society.

■ Details of the Current Ministerial Ordinance Amendment

Key Points of the Amendment
The core of this ministerial ordinance amendment is the addition of a “5-year” option to the available periods of stay for Specified Skilled Worker (ii).

Currently, the periods of stay for Specified Skilled Worker (ii) are:
・6 months
・1 year
・2 years
・3 years

With the addition of “5 years,” there will now be five period options.

Why Add a 5-Year Option?
The rationale behind this amendment is to ensure consistency across different visa categories. Other statuses of residence, such as those for nursing care, already recognize 5-year periods of stay. By adding the 5-year option to Specified Skilled Worker (ii), the government aims to harmonize the overall residence status framework and promote long-term settlement of foreign talent.

Implementation Timeline
Following a public comment period, the amendment is scheduled to take effect in early January 2027.

■ Connection to Permanent Residence─The Most Critical Point

The most important aspect of this amendment is its relationship to “permanent residence” applications.

General Requirements for Permanent Residence
To obtain permanent residence in Japan, applicants must generally meet the following requirements:

  1. Good Conduct
    Compliance with laws and no socially condemnable behavior in daily life
  2. Sufficient Assets or Skills for Independent Livelihood
    Stable income allowing self-sufficient living without reliance on public assistance
  3. Permanent Residence Deemed Beneficial to Japan
    This includes conditions such as:
    ・Having resided continuously in Japan for at least 10 years as a general rule
    ・Of which, at least 5 years with a work-based or residence-based status
    ・Fulfilling public obligations, including tax payment
    ・Currently holding the longest available period of stay for one’s status of residence

The “Longest Period of Stay” Requirement
The fourth condition above—”currently holding the longest available period of stay”—is directly relevant to this amendment.

Previously, the longest period of stay for Specified Skilled Worker (ii) was 3 years. Therefore, to satisfy the “longest period” requirement when applying for permanent residence, one needed to obtain a 3-year period first.

However, for many statuses of residence (particularly “Engineer/Specialist in Humanities/International Services” and “Nursing Care”), the longest period is set at 5 years. In practice, holding a “5-year” period has become the de facto standard requirement for permanent residence applications.

Impact of the Amendment
With this amendment introducing a 5-year period for Specified Skilled Worker (ii), foreign nationals in this category will be expected to meet the “5-year period” condition when applying for permanent residence—just like holders of other statuses.

While this may initially seem like a stricter requirement, it should actually be understood as “clarifying the pathway to permanent residence.” By obtaining and maintaining a 5-year period of stay, individuals can take confident, concrete steps toward permanent residence.

■ Criteria for Determining Period of Stay─How to Obtain 5 Years

The period of stay is not automatically determined but is decided individually based on examination results.

Key Examination Factors
The length of the granted period is determined by comprehensively considering the following factors:

  1. Stability of the Employer
    ・Is the company financially sound?
    ・Is there business continuity?
    ・Has there been any legal violation in past employment of foreign nationals?
  2. Continuity of Employment Contract
    ・Is long-term employment expected?
    ・Are employment conditions appropriate (remuneration equal to or better than Japanese nationals)?
  3. Individual Work Performance
    ・Is the person diligent and reliable?
    ・Are skills improving?
    ・How is the workplace evaluation?
  4. Tax Compliance
    ・Are income tax and resident tax properly paid?
    ・Are there any arrears in social insurance premiums?
  5. Other Compliance Factors
    ・Is the residence card properly carried and presented?
    ・Are legal obligations such as address notification fulfilled?
    ・Is there any criminal or violation history?

Longer Periods Require Stricter Compliance
According to the Immigration Services Agency’s announcement, “requirements such as work performance and tax payment become stricter as the period lengthens.”

This means that obtaining a 5-year period of stay will require meeting high standards across all the above factors.

Specific Requirements for 5 Years to Be Announced
At present, detailed numerical criteria and specific requirements for obtaining a 5-year period have not been published. Further details are expected to be clarified as the ordinance approaches implementation.

■ For Foreign Nationals Residing in Japan─Recommended Actions

Seizing the Opportunity
This amendment represents a significant opportunity for foreign nationals seeking to build long-term careers in Japan. Securing a 5-year period of stay opens the door to permanent residence.

Preparations You Can Make Now

  1. Maintain Stable Employment
    Rather than frequently changing jobs, building a solid track record at one workplace is crucial.
  2. Ensure Tax and Social Insurance Compliance
    Arrears in taxes or social insurance premiums can be major negative factors in period extension or permanent residence applications. Always pay on time.
  3. Comply with All Laws
    Even traffic violations or minor offenses can affect residence status reviews. Adhere to Japanese laws and lead an exemplary life.
  4. Keep Records
    Carefully preserve documents that will be needed for future applications, such as pay slips, tax payment certificates, and employment certificates.
  5. Consult with Specialists
    Residence status requirements are complex. If you have any concerns, it is advisable to consult with specialists such as immigration lawyers or administrative scriveners early on.

■ For Employers─Business Owners and HR Personnel

Corporate Responsibility Becomes More Critical
Whether foreign employees can obtain long-term periods of stay greatly depends on the employer’s practices and management systems.

Actions Companies Should Take

  1. Establish Stable Employment Environments
    ・Develop HR systems based on long-term employment
    ・Clarify career paths
    ・Provide appropriate working conditions
  2. Ensure Compliance
    ・Observe labor-related laws
    ・Pay appropriate wages (equal to or better than Japanese employees)
    ・Calculate and pay overtime correctly
    ・Properly manage working hours
  3. Handle Social Insurance and Taxes Properly
    ・Enroll employees in social insurance (health insurance, pension, employment insurance, workers’ compensation)
    ・Properly withhold income tax at source
    ・Handle special collection of resident tax
  4. Maintain Thorough Documentation
    ・Keep copies of residence cards
    ・Properly draft employment contracts
    ・Retain work records
  5. Build Support Systems
    ・Support Japanese language education
    ・Establish consultation services for daily life
    ・Show cultural consideration

Benefits for Companies
When foreign employees obtain 5-year periods of stay and eventually permanent residence, companies gain significant benefits:

・Long-term retention of excellent talent
・Reduced administrative burden of period renewals (permanent residents do not require renewals)
・Promotion of corporate internationalization and diversity
・Competitive advantage in talent recruitment

■ Expert Perspective─Future Outlook

A Turning Point in Foreign Talent Policy
This amendment marks an important turning point in Japan’s foreign talent policy.

Traditionally, Japan maintained the official position of “not accepting unskilled workers,” limiting acceptance through programs like the Technical Intern Training Program. However, against the backdrop of severe labor shortages, the Specified Skilled Worker system was established in 2019, marking a shift toward more substantial labor acceptance.

This amendment further advances that trajectory, clearly positioning foreign talent not as “temporary labor” but as “members of Japanese society.”

Establishing the Path to Permanent Residence
The addition of the 5-year period systematically establishes the pathway for Specified Skilled Worker (ii) holders to pursue permanent residence. This should promote the settlement of excellent foreign talent and contribute to Japan’s economic vitalization.

Strategic Corporate Response Required
For companies, this means greater responsibility in managing foreign employees. Rather than treating them simply as “cheap labor,” companies must nurture them as long-term partners and provide appropriate environments.

Points to Watch Going Forward
・Specific requirements for obtaining a 5-year period
・Detailed examination criteria
・Actual operational practices
・Impact on permanent residence application numbers

■ Summary

The addition of the “5-year period of stay” for Specified Skilled Worker (ii) is a significant amendment with major implications for both foreign nationals and employing companies.

For Foreign Nationals Residing in Japan
This amendment represents an opportunity to build long-term careers in Japan. Strive for stable employment, proper tax payment, and legal compliance to aim for obtaining a 5-year period of stay.

For Employing Companies
It is crucial to establish appropriate employment environments and support systems to enable foreign employees to obtain long-term residence status. This is both a corporate responsibility and an investment in securing excellent talent.

Utilize Specialist Support
Residence status applications are complex, and judging requirements is not straightforward. Strategic responses with an eye toward future permanent residence applications are necessary.

When facing challenges with visa applications or residence status, please consult with experienced specialists. We are committed to fully supporting your new life and career in Japan.

Reference: Jiji Press, “5-Year Period Added to Specified Skilled Worker (ii); Government Plans January Implementation” (August 4, 2026)
Source: https://news.yahoo.co.jp/articles/be2d89a480ae6f572969ab1d012e842184e680bf

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