May you keep a foreign worker employed after their period of stay expires while a renewal or change application is pending?

Bottom line first: If you apply to renew or change the period of stay by the expiry date and no disposition (grant or refusal) is made by then, the worker may stay under the former status of residence until the disposition is made or until the end of the day two months after the expiry of the former period of stay, whichever is earlier (Article 20, paragraph 6 of the Immigration Control and Refugee Recognition Act; for renewal of the period of stay, Article 21, paragraph 4 applies that paragraph). During this "special period" the worker may continue the activities under the former status, so during a renewal application you may keep them in their former job after expiry. But there is no special period if the application was made even a day after the expiry date or the period of stay is 30 days or less, and during a change application the post-change activity cannot yet be done. The residence procedure is handled by a Gyoseishoshi and the labor side—employment contract, social insurance and the like—by a Shakai Hoken Roumushi, each contracted separately as an independent business entity where the matter crosses entities.

Even when the period of stay has expired, may you keep the worker employed if the examination is pending?

You may keep them employed where you applied to "renew" the period of stay by the expiry date and no disposition has been made by then. The Immigration Services Agency explains that where you file a renewal application etc. by the expiry date and no disposition is made by then, the worker "may continue to stay in Japan under the former status of residence and perform the former activities" (accessed 3 November 2026). Under the former status (for example, "Engineer/Specialist in Humanities/International Services" or "Specified Skilled Worker"), the worker may stay and continue the activities permitted by that status—the former job. That is the effect of this special period.

The basis for this treatment is Article 20, paragraph 6 of the Immigration Control and Refugee Recognition Act (change of status of residence), and for renewal of the period of stay, Article 21, paragraph 4 applies that paragraph. So a foreign worker who has applied to renew may lawfully stay and continue the former job even past the expiry date while the examination is pending. For aligning the period of stay and the term of the employment contract generally, see how to align the period of stay and the employment-contract term; this article narrows to the single point of whether you may keep the worker employed during the special period after expiry while examination is pending.

Watch out for the case of applying to "change" the status of residence. During the special period the worker stays under the "former" status, so an activity first permitted by the post-change status cannot be done until the grant is made. For example, a student applying to change from "Student" to a work status cannot yet perform the post-change full-time work as a regular employee (the scope of permission for activities outside status during study is a separate matter). Manage separately what can be done within the former status and what can first be done after the change.

On what conditions, and for how long, is the special period (up to two months) recognized?

Here are the conditions on which the special period is recognized, and its length.

Item	Content
Timing of application	Applied for renewal/change by the expiry date of the period of stay (an application even a day after is outside scope)
End of the period	Until the disposition is made, or until the end of the day two months after the expiry date, whichever is earlier
Outside scope (period of stay)	A person granted a period of stay of 30 days or less is outside scope (the parenthetical in Article 20, paragraph 6)
Outside scope (type of application)	A permanent-residence application alone does not give rise to a special period (renewal/change application is the premise)

Two months is the maximum; if the examination finishes sooner, the special period ends when the disposition is made. For example, if the expiry date is 1 March and you apply to renew in February but no disposition is made by 1 March, the worker may stay under the former status until around 1 May at most—but if a grant or refusal comes in between, the special period ends there. A renewal application can be made from three months before the expiry date, so the earlier you apply rather than rushing at the last minute, the less you need to rely on this uncertain special period.

As a practical cue for the employer to confirm, the fact that an application is pending is noted on the back of the residence card in the "application for renewal etc. of period of stay" column (except for online applications). Before continuing employment after expiry, confirm the evidence that the application was filed (the back-of-card note or the receipt).

If the application is refused during the special period, what happens to the employment?

The special period is a mechanism that permits stay while the examination is pending; it does not mean the renewal/change has been granted. When a disposition of refusal is made, the special period ends, and the basis for staying under the former status is also lost. Keeping the worker employed after that may amount to illegal work, and the employer may be held responsible for facilitating illegal work under Article 73-2 of the Immigration Control and Refugee Recognition Act (except where there was no negligence as to not knowing the fact). So, on being notified of a refusal, the basic step is first to stop the work and confirm the worker's residence situation.

After a refusal, the worker may be granted a status of residence for departure preparation ("Designated Activities," etc.), or may consider whether to re-apply or file a request for examination; but judging the applicability of these statuses and the prospects of the procedure is in the domain of the Immigration Services Agency's examination and of the Gyoseishoshi or lawyer who acts as agent for the application. Because a Shakai Hoken Roumushi cannot sway the examination result, on the labor side it is practical to set out in advance, in the work rules or the employment contract, how to treat the employment contract in the event of a refusal (arranging leave or termination due to inability to work). A design that makes obtaining and maintaining the status of residence a precondition of employment from the time of hiring is also informed by recruitment and residence for Engineer/Specialist in Humanities/International Services.

How do you treat social insurance, employment insurance and wages during the special period?

Coverage as an insured person under social insurance (health insurance and employees' pension insurance) and employment insurance turns not on nationality or on the presence of a status of residence itself, but on the use relationship (the reality of work) at a covered workplace. As long as the worker stays lawfully under the former status during the special period and works as before, the use relationship continues, so the insured status in principle continues as is, and premium payment and wage payment are made as usual. There is no need to process a loss of insured status merely because the special period has begun.

On the other hand, since you are employing the worker after expiry, watch the alignment with the notification of foreign-worker employment status. The employer has a duty to notify Hello Work of the name, status of residence, period of stay, etc., when hiring and when a foreign worker leaves (Article 28 of the Act on Comprehensively Advancing Labor Measures and Stabilizing the Employment of Workers and Enriching Their Working Lives). When the renewal/change is granted and a new status and period of stay are fixed, reflect this in your records and management. The practice of the notification is set out in notification of foreign-worker employment status. As for wages, since there is a reality of work and the person is a worker under the Labor Standards Act, pay at or above the minimum wage regardless of nationality and calculate premium wages on the same basis as for Japanese workers. For the whole picture of labor management under the guidelines for employing foreign nationals, see the guidelines for employing foreign nationals and the employer's duty of effort.

Note that the loss of insured status when a refusal ends the special period and work becomes impossible, and the social-insurance treatment of a leave period, vary with the facts, so confirmation with the competent Pension Office, Hello Work or a qualified professional is needed (definitive treatment is not shown uniformly, treated as unverified).

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How is the division of roles set between residence procedures (Gyoseishoshi) and labor management (Shakai Hoken Roumushi)?

This situation splits by the governing law.

In charge	Work	Basis/position
Gyoseishoshi (application agent)	Preparing documents for and acting as agent in the application to renew the period of stay / change the status of residence	An application under the Immigration Control and Refugee Recognition Act; a Shakai Hoken Roumushi cannot act as agent for a residence application
Immigration Services Agency	Judging applicability of the status of residence and whether to grant renewal/change	The final judgment is the Agency's
Shakai Hoken Roumushi	Employment contract and work rules, management of social-insurance and employment-insurance status, aligning the period of stay and the employment term, labor management	The field of labor and social insurance
Lawyer (Bengoshi)	A request for examination after a refusal, or an individual dispute over employment	Legal judgment and disputes

A Shakai Hoken Roumushi cannot examine the status of residence or act as agent for the application; that is the work of a Gyoseishoshi (one who has notified of application-agent status). On the other hand, how to continue employment after expiry while examination is pending, how to arrange the employment contract on a refusal, and how to treat social insurance and wages, are matters of labor design handled by a Shakai Hoken Roumushi. The final judgment on applicability of the status of residence rests with the Immigration Services Agency. Where this crosses entities, each is contracted separately as an independent business entity, and there is no referral fee.

Frequently asked questions

Q. The period of stay has expired, but a renewal is pending. May we keep the worker in their job after expiry?
A. If the renewal application was filed by the expiry date and no disposition has been made by then, as a special period you may keep the worker staying under the former status and continuing the former job until the disposition is made or two months pass from the expiry date, whichever is earlier (Article 20, paragraph 6 and Article 21, paragraph 4 of the Immigration Control and Refugee Recognition Act). But if the application was after the expiry date, or the period of stay was 30 days or less, there is no special period and the worker may have lost their status. Before having them work, confirm from the back-of-card note etc. that the application was accepted by the expiry date.

Q. Does "the special period is up to two months" mean you can always keep the worker employed for two months?
A. No. Two months is the maximum; if the examination finishes sooner, the special period ends when the disposition is made. It runs until the disposition is made, or until the end of the day two months after the expiry date, whichever is earlier. A grant moves the worker to that period of stay; a refusal ends the special period at that point. Do not treat "two months of stay" as fixed; understand it as a provisional period until the disposition is made.

Q. May we have a student applying to "change" their status do the post-change full-time work now?
A. Not until the change is granted. During the special period the worker stays under the "former" status (here, Student), so an activity first permitted by the post-change work status comes only after the grant. What a student can do is limited to the scope of permission for activities outside status, and full-time regular work exceeds that scope. For renewal (an extension of the same status) the former activities can continue, but for a change (a switch to a different status) note that the activity content changes.

Q. The application was refused during the special period. What should we do about social insurance and employment?
A. When a refusal is made, the special period ends and the basis for staying under the former status is lost. Because work after that may amount to illegal work, first stop the work and confirm the worker's residence situation. Having them work while knowing may hold the employer responsible for facilitating illegal work (Article 73-2 of the Immigration Control and Refugee Recognition Act). The loss of social-insurance/employment-insurance status and the treatment of a leave period vary with the facts, so confirm with the competent Pension Office, Hello Work or a qualified professional. The prospects of a re-application or a request for examination are in the domain of the Gyoseishoshi or lawyer who acts as application agent.

Basis for this article

• Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951), Article 20, paragraph 6 — where an application to change the status of residence is made (except by a person granted a period of stay of 30 days or less) and no disposition is made by the expiry date of the period of stay, the person may continue to stay in Japan under the former status of residence until the disposition is made or until the end of the day two months after the expiry of the former period of stay, whichever is earlier
• Same Act, Article 21, paragraph 4 — for an application to renew the period of stay, Article 20, paragraph 6 applies (the same special period applies while a renewal is pending)
• Immigration Services Agency, "What is the special period?" — for a person holding a residence card who has filed a renewal application etc., where no disposition is made by the expiry date, the person "may continue to stay in Japan under the former status of residence and perform the former activities." The fact of a pending application is noted on the back of the residence card in the application column (except for online applications). Accessed 3 November 2026
• Immigration Services Agency, immigration and residence examination Q&A — a renewal application can be made from three months before the expiry date; where the activity content changes, a change application is needed rather than a renewal. Accessed 3 November 2026
• Same Act, Article 73-2 — punishment for facilitating illegal work, such as having a foreign worker engage in illegal-work activity in connection with business (except where there was no negligence as to not knowing the fact)
• Act on Comprehensively Advancing Labor Measures and Stabilizing the Employment of Workers and Enriching Their Working Lives (Act No. 132 of 1966), Article 28 — the employer notifies the Minister of Health, Labour and Welfare (Hello Work) of the name, status of residence, period of stay, etc., of a foreign worker when hiring and when they leave
• Health Insurance Act / Employees' Pension Insurance Act / Employment Insurance Act — insured status turns on the use relationship (the reality of work) at a covered workplace. The individual judgment on continuation or loss of status during the special period and on the treatment of a leave period should be confirmed with the competent Pension Office, Hello Work or a qualified professional (definitive treatment is not shown uniformly, treated as unverified)
• Statutory provisions checked on e-Gov Law Search, and the Immigration Services Agency guidance on the official site, both on 3 November 2026. The counting of the special period (inclusion of the first day, etc.) and the applicability of the status of residence in an individual case rest on the judgment of the Immigration Services Agency and the Gyoseishoshi or lawyer who acts as application agent

This article does not determine whether any particular case qualifies. 四葉社会保険労務士事務所 can advise on preparing the employment contract and work rules, managing social-insurance and employment-insurance status, aligning the period of stay and the employment term, and labor management including the notification of foreign-worker employment status, when employing a foreign worker after expiry while a renewal or change is pending. Preparing documents for and acting as agent in the application to renew the period of stay / change the status of residence are referred to a Gyoseishoshi (application agent); the final judgment on applicability of the status of residence to the Immigration Services Agency; and a request for examination after a refusal or an individual dispute over employment to a lawyer (Bengoshi). Where a different professional is needed, each is contracted separately as an independent business entity, and there is no referral fee. Fees are set out in the fee schedule, and frequently asked questions in the FAQ.

This article is general information. Individual determinations are made by a qualified professional after a consultation, in light of individual circumstances. Written by Joji Uramatsu (Shakai Hoken Roumushi, Gyoseishoshi, Registered Real Estate Transaction Specialist).