How Will the Status of Residence Be When I Become Pregnant or Give Birth in Japan ?
Japanese law prohibits from dismissing technical intern trainees or sending them back home due to pregnancy. If a technical intern trainee gives birth, her training contract will be suspended, but it can resume after completing maternity leave. Your status of residence as a technical intern trainee can also be renewed or changed, and your child born in Japan can obtain a status of residence of “Designated Activity (特定活動 tokuteikatsudou)”.
the Residence Status of Mothers
If you are a technical intern trainee and get pregnant with another technical intern trainee and wish to give birth in Japan
If you take maternity leave and take a break from work within the period of stay, the status of residence as a "Technical Intern Training" will stay the same. If your status as "Technical Intern Training (i)" is expiring and you are supposed to change it to "Technical Intern Training (ii)" while you are on maternity leave, you can be changed from "Technical Intern Training" to "Designated Activities" with a period of more than three months instead of "Technical Intern Training (ii)". Then, you can change it back to “Technical Intern Training” when you resume the training. Also, you can renew your "Technical Intern Training (ii)" status while you are taking maternity leave.
If you are a technical intern trainee and get pregnant with another technical intern trainee and wish to give birth in the country of origin and return to Japan to continue the training
You may return to the country of origin while suspending the training and maintaining the employment contract with the company. Before returning, you will need to have her supervising organization submit the Notification Form for Technical Intern Training Difficulty “技能実習実施困難時届出書 Ginojisshujisshikonnantodokesho" to the OTIT (due to maternity leave and childbirth), and complete the necessary procedures such as taking maternity leave.
If you are resuming the training after the expiration of the status of residence of "Technical Intern Training (i) or (ii)”, you will need to receive approval for changing the technical intern training plan from the OTIT. Then, you will apply for a "Certificate of Eligibility " to the Immigration Bureau and come to Japan again with a visa for "Technical Intern Training (ii) or (iii)".
If you are reentering Japan before the expiration of your status of residence, you do not have to apply for a “Certificate of Eligibility”. However, you may have to apply to the OTIT for approval for changing the technical intern training plan when you change the status of residence (from (i) to (ii) or (ii) to (iii)) or renew the status (from (ii) to (ii)) because the training had been suspended due to childbirth.
If you are resuming the training after the expiration of the status of residence of "Technical Intern Training (i) or (ii)”, you will need to receive approval for changing the technical intern training plan from the OTIT. Then, you will apply for a "Certificate of Eligibility " to the Immigration Bureau and come to Japan again with a visa for "Technical Intern Training (ii) or (iii)".
If you are reentering Japan before the expiration of your status of residence, you do not have to apply for a “Certificate of Eligibility”. However, you may have to apply to the OTIT for approval for changing the technical intern training plan when you change the status of residence (from (i) to (ii) or (ii) to (iii)) or renew the status (from (ii) to (ii)) because the training had been suspended due to childbirth.
If you are a “Specified Skilled Worker (特定技能 tokuteiginou)” and get pregnant with another specified skilled worker and wish to give birth in Japan
You can maintain your status of residence of "Specified Skilled Worker" even if you take maternity leave and gives birth in Japan. Also, you need to maintain your employment contract and it needs to be within the period of stay.
In addition, if you wish to give birth in your country of origin, you will be able to re-enter Japan with the status of residence of "Specified Skilled Worker" after taking maternity leave and returning to your country temporarily. Also, you need to maintain your employment contract and it needs to be within the period of stay.
In addition, if you wish to give birth in your country of origin, you will be able to re-enter Japan with the status of residence of "Specified Skilled Worker" after taking maternity leave and returning to your country temporarily. Also, you need to maintain your employment contract and it needs to be within the period of stay.
If you are an international student
It is not appropriate to treat students unfavorably, such as by expelling a student from school against her will on the grounds of pregnancy or childbirth. Therefore, the status of residence is handled as follows.
In case of giving birth in Japan, if you take a leave of absence and give birth while enrolled in a school during the period of stay, your status of residence of "Student" will remain the same. Also, even if you apply for a renewal of the status of residence of "Student" while you are on leave due to childbirth, it will be recognized as a justifiable reason for not conducting study abroad activities, and the renewal will be permitted.
If you become pregnant in Japan, give birth in your country of origin, and re-enter Japan after giving birth, your status of residence of "Student" will remain the same if you re-enter Japan within the period of stay. If the period of stay has expired, you will have to have your school apply for a certificate of eligibility as “student” again and re-enter Japan.
In case of giving birth in Japan, if you take a leave of absence and give birth while enrolled in a school during the period of stay, your status of residence of "Student" will remain the same. Also, even if you apply for a renewal of the status of residence of "Student" while you are on leave due to childbirth, it will be recognized as a justifiable reason for not conducting study abroad activities, and the renewal will be permitted.
If you become pregnant in Japan, give birth in your country of origin, and re-enter Japan after giving birth, your status of residence of "Student" will remain the same if you re-enter Japan within the period of stay. If the period of stay has expired, you will have to have your school apply for a certificate of eligibility as “student” again and re-enter Japan.
the Status of Residence of Children Born in Japan
If a child is born to parents who are not allowed to accompany their family (technical intern trainees, etc.)
Children born between technical intern trainees can obtain a status of residence for “Designated Activity (特定活動 tokuteikatsudou)” with a 6-month period of stay by applying to the immigration office within 30 days of the birth in principle (within 60 days at least). However, at present, it is stated that "in principle, the extension of the period of stay will not be allowed unless there are unavoidable circumstances."
For children born to parents with “Specified Skilled Worker (特定技能 tokuteiginou)” status or to " Specified Skilled Worker " status holders and "Technical Intern Training" status holders, a "Designated Activities" status for the same period of stay (one year in principle) as that of the parent ("Specified Skilled Worker ") will be granted for the child. During the period of stay, should the parent with " Specified Skilled Worker " status renew/extend the period of stay, the child's "Designated Activities" status can be renewed in the same way.
For children born to parents with “Specified Skilled Worker (特定技能 tokuteiginou)” status or to " Specified Skilled Worker " status holders and "Technical Intern Training" status holders, a "Designated Activities" status for the same period of stay (one year in principle) as that of the parent ("Specified Skilled Worker ") will be granted for the child. During the period of stay, should the parent with " Specified Skilled Worker " status renew/extend the period of stay, the child's "Designated Activities" status can be renewed in the same way.
If a child is born between the mother who is a technical intern trainee and the father who is a Japanese national, permanent resident or has the status of residence that allows his family to accompany him
If the partner of a pregnant technical intern trainee has a status of residence that allows the family to accompany such as "Student" and "Engineer/Specialist in Humanities/International Services " and the child is born in Japan from married parents or the child receives paternal recognition, the child can obtain the status of residence of "Dependent" by applying to the immigration office within 30 days of the birth in principle (within 60 days at least).
If the partner is a Japanese citizen or a permanent resident, and the child is born to married parents or the child receives paternal recognition, the child born in Japan can obtain the status of residence of "Spouse or Child of Japanese”, “Permanent Resident" or "Spouse or Child of Permanent Resident".
Although "Specified Skilled Worker (i)" is not allowed to accompany family members, "Specified Skilled Worker (ii)" is allowed to accompany family members. (As of June 2022, "Specified Skilled Worker (ii)" are permitted for only two industries, "Construction" and "Shipbuilding / Marine Industry".) Therefore, the children and spouses of people with "Specified Skilled Worker (ii)" can obtain the status of residence of "Dependent".
If the partner is a Japanese citizen or a permanent resident, and the child is born to married parents or the child receives paternal recognition, the child born in Japan can obtain the status of residence of "Spouse or Child of Japanese”, “Permanent Resident" or "Spouse or Child of Permanent Resident".
Although "Specified Skilled Worker (i)" is not allowed to accompany family members, "Specified Skilled Worker (ii)" is allowed to accompany family members. (As of June 2022, "Specified Skilled Worker (ii)" are permitted for only two industries, "Construction" and "Shipbuilding / Marine Industry".) Therefore, the children and spouses of people with "Specified Skilled Worker (ii)" can obtain the status of residence of "Dependent".
If you are a Specified Skilled Workers
Although "Specified Skilled Worker (i)" is not allowed to accompany family members, "Specified Skilled Worker (ii)" is allowed to accompany family members. (As of June 2022, "Specified Skilled Worker (ii)" are permitted for only two industries, "Construction" and "Shipbuilding / Marine Industry".) Therefore, the children and spouses of people with "Specified Skilled Worker (ii)" can obtain the status of residence of "Dependent".
If you are an international student,
If you have a status of residence of “Student” that allows your family to accompany you, such as university student or graduate student, your spouse or child can apply for a "Dependent" visa. However, if you are a Japanese language school student, your "Student" status will not allow your family to accompany you. That means your spouse or child cannot apply for a “Dependent” visa.
However, the child can obtain the status of residence of “Designated Activity (特定活動 tokuteikatsudou)” for a 6 month period by applying for it ( with period of stay exceeding 3 months) to the immigration office within 30 days of the birth in principle (within 60 days at least). However, at present, it is stated that "in principle, the extension of the period of stay will not be allowed unless there are unavoidable circumstances."
However, the child can obtain the status of residence of “Designated Activity (特定活動 tokuteikatsudou)” for a 6 month period by applying for it ( with period of stay exceeding 3 months) to the immigration office within 30 days of the birth in principle (within 60 days at least). However, at present, it is stated that "in principle, the extension of the period of stay will not be allowed unless there are unavoidable circumstances."
If you are a technical intern trainee or an international student, and want to bring your parents or relatives to help you when giving birth in Japan, you will need to apply for a "temporary visitor" (visiting relatives) visa.