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From Ministerial Ordinance to Provide for Criteria pursuant to Article 7, Paragraph 1 (2) of
Immigration Control and Refugee Recognition Act
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| Investor/Business Manager |
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| 1 |
In cases where the applicant is to commence the operation of international trade or other business, the following conditions are to be fulfilled. |
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a) The facilities to be used as an office for the business concerned is located in Japan. |
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b) The business concerned has capacity to employ at least. |
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| 2 |
full-time employees in Japan (excluding foreign nationals residing under the status of residence enlisted in Annexed Table 1 of the Immigration Control and Refugee Recognition Act), in addition to those who operate and/or manage the business. |
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| 3 |
In case an applicant is to engage in the management of international trade or other business in Japan, he should have at least 3 years' experience in the operation and/or management of business (including the period during which the applicant studied business operation and management at Graduate School) and receive no less salary than a Japanese national would receive for comparable work. |
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| Researcher |
| The following conditions are to be fulfilled, unless the applicant is to
engage in research under a contract with the national government, a local
government, a corporation established dirctly in accordance with Japanese laws, a corporation established in accordance
with a Japanese special law through special acts of establishment, a corporation
or an independent administrative institution (meaning the independent administrative
institution provided for in Article 2 Pragraph 1 of the Law concerening
the General Rules of the Independent Administrative Institution (Law No.103,1999);hereinafter
the same) which is established in accordance with a Japanese special law
through special acts of establishment and is required to obtain approval
by the Minister of Justice in the Official Gazette, which is managed by
a fund allotted by the national government, a local government or an independent
administrative institution. |
| 1 |
An applicant
should have a master's degree or at least 3 years' experience in the area of
related research (including experience at graduate school) after graduation
from college (excluding graduation from community or junior college) or an
equivalent institution or at least 10 years' experience in the area of the
related research (including research performed at college). |
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| 2 |
The applicant should receive no less salary than a
Japanese national would receive for comparable work. |
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| Instructor |
| 1 |
In cases where the applicant
is to engage in instruction at a vocational school ("kakushugakkou")
or an educational institution equivalent to it in facilities and curriculum or
in cases where the applicant is to engage in instruction at another school in a
capacity other than a teacher, the following conditions are to be fulfilled.
However, a) is to be fulfilled in cases where the
applicant is to engage in instruction at a vocational school or an educational
institution equivalent to it in facilities and curriculum which is established
to provide the children with a status of residence. "Diplomat" or
"Official" mentioned in Annexed Table I (1) of the Immigration
Control and Refugee Recognition Act or "Dependent" mentioned in
Annexed Table I (4) of the said Act primary and secondary education in foreign
language. |
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a) The applicant must have graduated from or completed a course at a college
or acquired equivalent education, or must hold a license to teach the subject
that he intends to teach in Japan. |
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b) When the applicant is planning on teaching a foreign language, he must have acquired education in that language for at least 12 years. When the applicant is planning on teaching other subjects, he must have at least 5 years' teaching experience in that subject.
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| 2 |
The applicant should receive no less salary than a
Japanese national would receive for comparable work. |
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| Engineer |
| The following conditions are to be fulfilled. However I is not required in cases where the applicant is to engage in a job requiring
skills and/or knowledge in information technology and he or she passes the information technology examination designated by the Minister of Justice in the Official Gazette or has
the qualifications concerned information technology designated by the Minister of Justice in the Official Gazette. |
| 1 |
The applicant
must have graduated from or completed a course at a college or acquired
equivalent education majoring in the subject relevant to the skills and/or
knowledge necessary for performing the job concerned, or the applicant must
have at least 10 years' experience (including the period of time spent studying
the relevant skills and knowledge at college, "Koutousenmongakkou",
senior high school, the latter course of secondary educational school
("Chutoukyouikugakkou) or during a specialized course of study at an
advanced vocational school ("Senshugakkou")). |
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| 2 |
The applicant should receive no less salary than a
Japanese national would receive for comparable work. |
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| The following conditions are to be fulfilled, unless the applicant is to engage in business related to representation in
association with the procedures for an international arbitration case, who falls under Article 58-2 of the Special Measures Law Concerning the Handling of Legal
Business by Foreign Lawyers (Law No. 66 of 1986). |
| 1 |
In cases where the applicant is to engage in a job requiring
knowledge in the humanities, he must have graduated from or completed a course
at a college or acquired equivalent education majoring in the subject relevant
to the knowledge necessary for performing the job concerned, or have at least
10 years' experience (including the period of time spent studying the relevant
knowledge at college, "Koutousenmongakkou", senior high school, the
latter course of secondary educational school ("Chutokyouikugakkou")
or during a specialized course of study at an advanced vocational school
("Senshyugakkou")). |
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| 2 |
In cases where the applicant is to engage in a job
requiring specific ways of thinking based on experience with a foreign culture,
the following conditions are to be fulfilled. |
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a) The applicant is to engage
in translation, interpretation, copywriting, instruction in languages, public
relations, overseas transactions, fashion or interior design, product
development, or other similar work. |
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b) The applicant must have at
least 3 years' experience in the relevant job, except in cases where the
applicant who has graduated from college is planning to engage in translation,
interpretation or instruction in languages. |
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| 3 |
The applicant should receive no less salary than a
Japanese national would receive for comparable work. |
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| Intra-company Transferee |
| The following conditions are to be fulfilled. |
| 1 |
The applicant must have been employed at the main office, or branch
office or other office abroad for at least 1 year immediately prior to the
transfer to Japan while engaging in a job which falls under the
"Engineer" provided in Annexed Table I (2) of the Immigration Control
and Refugee Recognition Act or "Specialists in Humanities/International
Services" categories. |
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| 2 |
The applicant should receive no less salary than a
Japanese national would receive for comparable work. |
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| Skilled Labor |
| The applicant should fall under one of the following categories and
should receive no less salary than a Japanese national would receive forcomparable work. |
| 1 |
A person with at least 10 years' experience in preparing foreign cuisine or knowledge of
special food preparation that originated overseas and is foreign to Japan (including the period of time spent studying at
educational institutions in a foreign country while majoring in the skills concerned) who is to engage in a job requiring
such skills.(excluding foreign nationals cited in Item 9) |
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| 2 |
A person with at least 10 years' experience in architecture or civil engineering characteristic
to foreign countries (including the period of time spent studying at educational institutions in a foreign country while majoring
in the skills concerned) who is to engage in a job requiring such skills. (If the person concerned is to engage in a job under the
guidance of a person who has at least 10 years' experience, his experience of 5 years would be accepted in lieu of 10 years.) |
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| 3 |
A person with at least 10 years' experience in the manufacture or repair of products special
to foreign countries (including the period of time spent studying at educational institutions in a foreign country
while majoring in the skills concerned) who is to engage in a job requiring such skills. |
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| 4 |
A person with at least 10 years' experience in the processing of gems, precious stones or fur
(including the period of time spent studying at educational institutions in a foreign country while majoring in the
skills concerned) who is to engage in a job requiring such skills. |
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| 5 |
A person with at least 10 years' experience in training animals (including the period of time spent
studying at educational institutions in a foreign country while majoring in the skills concerned) who is to engage in a job requiring
such skills. |
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| 6 |
A person with at least 10 years' experience in seabed
digging for oil exploration or development of terrestrial heat or the study of
the seabed for minerals exploration (including the period of time spent
studying at educational institutions in a foreign country while majoring in the
skills concerned) who is to engage in a job requiring such skills. |
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| 7 |
A person with at least 2,500 hours' experience in
piloting an aircraft who is to engage in a job as a pilot of an aircraft used
for air transport provided for by Article 2, Paragraph 16 of the Aviation Act
(Law No. 231 of 1947) which a person cannot pilot as a captain without the
qualification of pilot in air transport of an airline provided for by Article
24 of the Act. |
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| 8 |
A person with at least 3 years' experience in instructing sport (including the period of time spent studying
at educational institutions in a foreign country while majoring in the skills concerned and engaging in the sport with remuneration) who is to
engage in a job requiring such skills or a person who has competed in an international event such as the Olympics or World Championships and is
to engage in a job requiring such skills concerning instruction in the sport. |
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| 9 |
A person with at least 5 years' experience in
assessing, evaluating, and maintaining the quality of wine, and providing wine
(hereinafter referred to as "wine assessment,etc.") (including the
period of time spent studying at educational institutions in a foreign country
while majoring in the skills concerned) who falls under one of the following
categories and is to engage in a job requiring such skills. |
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a) A person who has achieved excellence in a contest concerning skills for wine assessment,etc. held on an
international scale (hereinafter referred to as "international sommelier contest"). |
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b) A person who has entered an international sommelier contest (limited to those that restrict the number of
contestants to one per country). |
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c) A person who has a qualification
for skills concerning wine assessment, etc. that is certified by a national
(including foreign countries) or local government (including foreign local
governments), or public or private organization equivalent thereto and is
designated by the Miniter of Justice in the Official Gazette. |
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| College Studens |
| 1 |
The
applicant must study at a college or an equivalent educational institution, a
specialized course of study at an advanced vocational school ("Senshugakkou"),
an educational institution designated for preparing persons who have completed
12 years of education at schools in foreign countries to enter college or
"Koutousenmongakkou", excluding cases where he is planning to study solely at
night school or through correspondence courses. |
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| 2 |
The applicant must have sufficient assets, scholarship, or other means of support to meet his expenses while in Japan, unless someone else will pay the applicant's expenses. |
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| 3 |
In cases where
the applicant is to attend courses as an auditor or research student planning to
study solely by auditing, he should be enrolled as such through some examination
by the authorities of the educational institution concerned and should attend at
least 10 hours a week. |
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| 4 |
In cases where the
applicant is to enroll in a specialized course of study at an advanced
vocational school ("Senshyugakkou") (excluding solely Japanese language study),
the following conditions are to be fulfilled. |
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a）The applicant must have studied the
Japanese language for at least 6 months at one of the Japanese language
institutions designated by the Minister of Justice in the Official Gazette and
also approved by the Minister of Education, have proved through some examination
that he has the ability to sufficiently understand the Japanese language to
pursue a course of study at an advanced vocational school, or have studied for
at least 1 year at one of the schools (excluding kindergartens) provided for by
the │ provisions of Article 1 of the School Act (Law No. 26 of 1947). |
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b）The advanced
vocational school concerned should have a full-time foreign student adviser
assisting foreign students with living in Japan. |
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| 5 |
In cases where the applicant is to study only the Japanese language in a specialized course of study at an
advanced vocational school, the school concerned should be one of the Japanese language institutions designated by the Minister of Justice in
the Official Gazette and also approved by the Minister of Education. |
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| 6 |
In cases where the applicant is to
study at an educational institution designated for preparing persons who have
completed 12 years of education at schools in foreign countries to enter
college, the educational institution concerned should be designated as such by
the Minister of Justice in the Official Gazette. |
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| Pre-college Students |
| 1 |
The applicants must study at a senior high school (including the latter course of secondary educational
school ("Chutoukyouikugakkou"); hereinafter in this section "high school" is to include "the latter course of secondary
educational school"), its equivalent for the blind or other handicapped persons, a higher or general course of study at an advanced
vocational school ("Senshyugakkou") or a vocational school ("Kakushugakkou") or any other educational institution equivalent
to a vocational school in its facilities and curriculum, excluding cases where he studies only at night school or through correspondence courses. |
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| 2 |
The applicant should have sufficient assets, scholarship, or other means of support to meet his expenses while
in Japan, unless someone else will pay the applicant's expenses. |
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| 3 |
In cases where the applicant is to study at a senior high school, he should be at the age of 20 years or less and
should have studied the Japanese language for at least 1 year at an educational institution, unless he is accepted for study through a student exchange
program or other equivalent international exchange program of the national government, a local government, an educational foundation or a non-profit foundation. |
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| 4 |
In cases where the applicant is to study at a higher or general
course of study at an advanced vocational school, or at a vocational school
(excluding the study of solely the Japanese language), the following conditions
are to be fulfilled,except in the case that the applicant engage in study at an
educational institution that is established to enroll a considerable number of
foreign nationals from foreign countries and provide primary or secondary
education in foreign language, in which case the condition provided in a) need
not be fullfilled. |
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a) The applicant must have studied the Japanese language for at least 6
months at one of the Japanese language institutions designated by the Minister
of Justice in the Official Gazette and also approved by the Minister of
Education, have proved through some examination that he has the ability to
sufficiently understand the Japanese language to pursue a course of study at an
advanced vocational school or other vocational school or have studied for at
least 1 year at one of the schools (excluding kindergartens) provided for by the
provisions of Article 1 of the School Act (Law No. 26 of 1947).
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b) The advanced vocational
school or other vocational school concerned should have a full-time adviser
assisting foreign students with living in Japan. |
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| 5 |
In cases where the applicant is to study at an educational institution equivalent to a vocational school in its
facilities and curriculum (excluding the study of solely the Japanese language), the institution concerned should be designated as such by the
Minister of Justice in the Official Gazette. |
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| 6 |
In cases where the applicant is to study only
the Japanese language in a higher or general course of study at an advanced
vocational school, at a vocational school, or at an educational institution
equivalent to a vocational school in its facilities and curriculum, the
educational institution concerned should be one of the Japanese language
institutions designated by the Minister of Justice in the Official Gazette and
also approved by the Minister of Education. |
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| Trainee |
| 1 |
The technology, skills and/or
knowledge that an applicant is to obtain in Japan must not be technology, skills
and/or knowledge that could be obtained mostly through the repetition of simple
work. |
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| 2 |
The applicant must be at least 18 years
of age and is expected to engage in a job requiring the technology, skills
and/or knowledge obtained in Japan after returning to his country of nationality
or habitual residence. |
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| 3 |
It must be impossible
or difficult for the applicant to obtain the desired technology, skills and/or
knowledge in the country where he resides. |
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| 4 |
The proposed training should be conducted under the guidance of a person who is a full-time employee of
the public or private organization accepting the trainee concerned (hereinafter referred to as the "accepting organization") and
who has at least 5 years' experience in the technology, skills and/or knowledge concerned. |
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| 5 |
In cases where the training program
scheduled by the accepting organization includes on-the-job training (training
intended to impart the technology, skills and/or knowledge through actual
performance of goods production or services provision with remuneration), the
following conditions are to be fulfilled, unless the applicant takes the
training program provided in 6-2. However, these conditions are not applied in
cases where the applicant is invited by the national government or a local
government or in cases where he falls under the cases designated by the Minister
of Justice in the Official Gazette. |
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a) Housing for trainees must be secured (including cases where a
mediating organization concerned in the proposed training is securing the housing). |
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b) The training facility must be insured. |
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c) The accepting organization is inviting trainees at a ratio of 1/20 trainees or less, including the
applicant, to each full-time employee |
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d) The accepting organization should have an adviser to assist trainees
with living in Japan. |
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e) Measures to cope
with the death, accident or sickness of trainees during the training such as
private insurance or other means (excluding the Workmen's Accident Compensation
Insurance) must be provided (including cases where a mediating organization
concerned in the proposed training is taking such measures). |
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f) The safety and sanitation measures in
respect to the training facilities should be secured in accordance with the
provisions of the Labor Safety and Sanitation Act (Law No. 57 of 1972). |
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In cases where the training program
scheduled by the accepting organization includes on-the-job training, the
applicant should be a full-time employee of one of the following organizations
and be dispatched from it, unless the applicant takes the training program
provided in the following item. However, this requirement is not applied in
cases where the applicant is accepted for training of the overseas staff who
will be working at that organization's foreign joint venture or local
subsidiary, subject to the condition that the establishment of a joint venture
or subsidiary has been recognized by the competent authorities, or in cases
where the applicant is invited by the national government or a local government
or in cases where the applicant falls under the cases designated by the Minister
of Justice in the Official Gazette. |
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a) The national government, a local government or a public corporation. |
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b) Joint,ventures or affiliated companies of the accepting organization |
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c) Organizations which have conducted business
transactions with the accepting organization for at least 1 year or total of at
least 1 billion yen within 1 year. |
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In cases where the applicant is to take the training program designated by the Minister of Justice in the
Official Gazette, the following conditions are to be fulilled. |
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a) The accepting
organization should fall under all the conditions provided in a),b), and d) to
f) of Item 5. |
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b) The number of trainees being accepted by the accepting organization, including the applicant, is not to
exceed the total number of full-time employees at the organization, and is within the number or trainees cited in the bottom row of the
following table according to the relevant total number cited in the upper row of the said table. However, in cases where the accepting
organization runs agriculture,the number of trainees being accepted by the organization is not to exceed two, including the applicant. |
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Total No. of Full-time Employees at Accepting Organization
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Number of Trainees
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Over 301
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Within 1/20
of total number of full-time employees
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201 to 300
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15
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101 to 200
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10
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51 to 100
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6
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Up to 50
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3
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In cases where the applicant is to take on-the-job training, the period for that on-the-job training should be two
thirds of the total training program, or less (in cases where there are two or more accepting organizations, the time spent in each training program separately should be added together). |
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| 8 |
The operator, the manager, the person supervising the training and the adviser of the accepting organization must not have committed misconduct in the training of foreign
nationals in the past 3 years (including cases where the trainee invited under a training program that does not include on-the-job training has been made to engage in on-the-job training). |
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In cases where an organization,
other than the Japanese Government or a local government, is mediating the
training, the organization concerned must not be a profit-making organization.
Furthermore, the concerned organization, the operator or the full-time employees
must not have committed misconduct relating to the training of foreign nationals
in the past 3 years. |
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| Dependent |
| The applicant must be a dependent of a person residing in Japan with the status of residence mentioned in
Annexed Table I (1) or (2) of the Immigration Control and Refugee Recognition Act or with the status of residence of "Cultural Activities" or "College Student" |
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