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Work Visa Practice

Hiring International Students as New Graduates — From Offer to Joining Date and the “Condition Precedent”

For a new graduate, receiving a job offer does not mean the person can automatically start full-time professional work on 1 April. A student cannot begin full-time Engineer / Humanities / International Services duties after graduation while remaining only under Student status. Hiring and the change of status should be designed together.

Check immigration eligibility as early as possible after the offer

Confirm whether the proposed duties fit the work status, whether the candidate’s education/major/work history meets the criteria, and whether the company can prepare the required evidence. Vocational-school graduates, customer-facing roles, small/new companies and batch hiring should be reviewed early.

Immigration publishes annual guidance for international students expected to start work in April, and in some cases a change-of-status application can be filed while the student is still expected to graduate using designated evidence.

Consider making approval of the correct status a condition precedent

Example

“This agreement shall become effective subject to the condition that the Employee is granted by the Government of Japan a status and period of residence lawfully permitting the Employee to perform the duties set out in this agreement.”

The actual contract should address the expected start date, what happens if approval is delayed, cooperation with the application, and notice if approval is not granted. Because this can affect labor conditions and cancellation of an offer, consultation with a labor and social security attorney or lawyer may also be appropriate.

As a rule, do not let the person start before permission

Filing a change-of-status application does not authorize work that is not permitted under the current status. Even if the student has permission for activities outside the status, that generally concerns part-time activities as a student, not automatic full-time professional employment as a new graduate.

Documents the company should prepare

  • Employment agreement / notice of working conditions
  • Detailed job description
  • Company profile, organization chart and business information
  • Financial statements or, for a new company, business plan
  • Daily/weekly job schedule where useful
  • Expected-graduation certificate, transcript and language evidence

Do not make “visa” a final add-on after the HR process. One immigration check near the end of recruitment, before finalizing the offer, can prevent significant rework.