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[2024 Latest] Commentary! New policy regarding thorough enrollment management of international students

Hello. This is Kondo from Support Administrative Scrivener Corporation.
This time, we will introduce the information for universities that accept international students.
We will explain the outline of the "Ministry Ordinance amending part of the Ministerial Ordinance prescribing the standards of Article 7, Paragraph 1, Item 2 of the Immigration Control and Refugee Recognition Act."

Around 2019, there were cases where a large number of international students from some universities (non-regular courses such as special programs) and vocational schools went missing, revealing problems such as insufficient enrollment management for international students and inappropriate admission selection.
In response to this, the Ministry of Education, Culture, Sports, Science and Technology and the Immigration Services Agency of Japan have formulated the "New Response Guidelines Regarding Thorough Management of the Enrollment Status of International Students" (June 11, 2019) and decided that the government and universities etc. would work together to take measures to thoroughly manage the enrollment status of international students.
The amendment to the Landing Criteria Ordinance, which came into effect on April 26, 2024, is based on this policy.

Major changes related to universities

"Appropriate enrollment management" is now clearly stated as a requirement for accepting international students.

Educational institutions that accept international students are now required to have the necessary management systems in place. If an institution's acceptance system is inappropriate, it will not be able to accept international students.

 

[Ministry Ordinance Prescribing the Criteria for Article 7, Paragraph 1, Item 2 of the Immigration Control and Refugee Recognition Act]
Activities listed in the lower column of the “Study Abroad” section of Schedule 1-4 of the Act
2-2 The educational institution at which the applicant intends to receive an education has established a system for properly managing the attendance record, compliance with the provisions of Article 19 Paragraph 1 of the Act (※), learning status, etc. of foreign nationals receiving education at said educational institution.

※"Article 19, paragraph 1 of the Law" is a provision regarding permission for activities outside the scope of the status of residence. It requires proper management of not only the attendance status of international students, but also the status of activities outside the scope of the status of residence, and guidance for improvement is given to students who do not comply.

The following circumstances will result in the acceptance system being deemed "grossly inappropriate."

① If attendance is not properly managed

When the attendance or withdrawal/expulsion status of international students is not being properly managed, resulting in a significant number of international students who are not properly receiving their education, such as being expelled, dropping out, or going missing, and there is no prospect of improvement.

② If the status of activities outside the scope of qualifications is not properly managed

When there is no proper management of activities outside the scope of qualifications of international students, resulting in a significant number of international students not engaging in educational activities properly, and no checks are being made on compliance with regulations regarding activities outside the scope of qualifications of international students or guidance for improvement, and no improvement is expected.

3) When the learning situation is not properly managed

When any of the following facts are found, there is a significant number of international students who are not properly engaging in educational activities, and no improvement is expected in the situation.

  • There is an excessive increase in the number of international student admissions or enrollments.
  • Each educational curriculum accepts many students who do not have the minimum Japanese language ability required to take classes.
  • Insufficient confirmation of the presence or absence of an intermediary and ability to pay expenses
  • The school has a weak organizational structure and an inappropriate learning environment that is not commensurate with the number of international students it accepts.
  • Other circumstances that make it difficult to recognize that the international student is properly engaged in educational activities

4) When a person commits acts of human rights violations against international students or encourages or assists them in violating laws and regulations.

Human rights violations against international students and aiding and abetting violations of laws and regulations.

  • If carried out by the founder of the educational institution,
  • If it was done in a somewhat organized way within an educational institution,
  • Cases where the actions of a single teacher or staff member were tolerated by the organization

will be deemed to have engaged in these actions.

"Human rights violations" include acts such as confiscation of passports or residence cards, expulsion, withdrawal, or sending students back to their home country without reasonable cause, acts that interfere with international students' career choices such as refusal to issue documents necessary for further education or employment, violence, sexual harassment, and racist remarks and behavior against international students.

"Acts that violate laws and regulations" include not only violations stipulated in immigration laws, but also acts that violate laws and regulations, including criminal acts.

⑤ When there is a significant number of international students who are not deemed to be properly engaged in educational activities and appropriate measures have not been taken to correct the situation.

There is a significant number of international students who are not properly engaging in educational activities (for example, those who spend most of the class time sleeping or doing other things than studying, or those who do part-time work instead of attending classes) and appropriate measures are not being taken to rectify the situation.

Whether or not a student qualifies as a "substantial number" will not be determined solely by the number of international students in question, but will be determined based on the individual circumstances of each international student, such as their course attendance status, after conducting necessary investigations by the Regional Immigration Bureau.

As an example of the criteria,

  • The average attendance rate for all international students over six months falls below 70%.
  • More than 30% of international students who enroll in a given calendar year will remain in Japan beyond their period of stay without having their period of stay renewed or their status of residence changed. 

    etc. are listed.

Review of requirements for research students and audit students

Foreign nationals who intend to receive Japanese language education exclusively as auditors at universities and other institutions will no longer be eligible for a "Student" status of residence. Accordingly, there have been changes to the enrollment classification on the student application form.

There are now stricter requirements for appropriate acceptance of international students and thorough enrollment management.
If a university is unable to properly manage the attendance records, compliance with non-qualified activities, learning status, etc. of international students, it may be designated as a "university with inappropriate enrollment management" or a "school subject to careful screening" and may no longer be able to accept international students.

We also provide educational institutions with enrollment management services for international students (management of visa expiration dates, informing students of renewal dates, management of permission to engage in activities outside of the status of residence permitted, etc.).

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