Using a COE Obtained Through Another Company
- We are preparing to apply for a Certificate of Eligibility (COE) for a foreign national we plan to hire. However, the individual informed us that they had already obtained a COE through a previous job offer from another company, which they later declined. They were told that reapplication is unnecessary. Is this really acceptable?
- Regarding your inquiry, the Immigration Control Act did not originally anticipate such cases, and therefore there are no explicit or clearly defined provisions in the law or related regulations.
However, such situations have become more common in recent years as Japanese companies actively hire foreign employees. Based on our confirmations with the Ministry of Justice and immigration authorities, and on actual practice, we provide the following guidance. The COE currently in the applicant’s possession was issued by immigration authorities for the purpose of joining the previous company, and that company’s name is stated on the COE. Since the applicant declined that employment offer before entering Japan, attempting to use the existing COE to enter Japan would not reflect the actual circumstances.
Therefore, we generally recommend that the new employer submit a fresh COE application to immigration authorities. At that time, it is advisable to also submit a written explanation stating that the applicant has declined the previous job offer, and to return the original COE issued for the previous company to immigration authorities.
Related Service Page:
Certificate of Eligibility (COE) Application
The Certificate of Eligibility is a document confirming in advance to the Minister of Justice that the applicant’s intended activities meet the requirements for a status of residence in Japan.
Free Consultation on Hiring Foreign Employees
Since our establishment in 1986, we have been providing nearly 40 years of consulting services specializing in visa applications for companies employing foreign nationals.
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