VISA Q and A on FM COCOLO 76.5 MHz
A Certificate of Authorized Employment
On Aired Data: November 6, 2001
Summary of
the Aired
Program

Client:

A Sri Lankan who has worked as a cook for 5 years. Last month he quit the restaurant he worked for, to help out a new restaurant his friend is planning to start.

Case:

I found out that under my current visa, I am only allowed to work for the restaurant I am working for at the present. Now I regret having changed the restaurant I work for. What should I do?


During the validity of your current visa, if you happen to quit one job and work for a different employer, as long as it is the same kind of work, basically, there is no need to report to the immigrations.

The point is it has to be the same kind of job. Like our client, although he is working for a different employer, in both situations, he works as a chef for a Sri Lankan restaurant. The status for chefs would be the Skilled Labor status, which means there is no need for him to change his status.

But let's say our client was fluent in Japanese, and he plans to become a translator. The status for translators would be the Specialist in Humanities/ International Services status. As is the change of status is concerned, one must report to the immigrations office immediately after changing jobs. Then the immigrations office will check to see if the person is qualified to be a translator in terms of his/her academic and job career. Also they will see if the company this person tends to work for really needs a translator for their business.

This does not mean that he is completely safe in not reporting to the immigrations. This is because, the second restaurant he is going to work for is a new restaurant, and so the immigrations have no idea of what the restaurant is like. So when he applies for his next renewal, he must prove that the restaurant is suitable to be allowed to work at. He would need to show his contract, photos of the restaurant, a copy of the menu, the registration of the restaurant, documents to prove that the owner is paying the taxes properly, and other documents as asked. The immigrations accept applications for renewal, two months before the expiry of the present visa, so it would be a good idea to visit them as soon as possible.

On the other hand if the person does not want to wait until their next renewal to see if their new job would be considered legal or not, there is a way for them also. It is for the person to obtain the Certificate of Authorized Employment.

This certificate is to prove that you are eligible to work at the new restaurant. You must apply for this certificate, as soon as you have transferred. The documents you will need are the following:

From your former employer
1.Certificate of Resignation
2.Withholding slip

From your new employer
3.The contract with your new employer
4.Photos of the restaurant
5.Copy of menu
6.The restaurant registration
7.A copy of the company registration (if they are a corporation)
8.The balance sheet (if they are a corporation)

Once you have obtained the Certificate of Authorized Registration, it would be easier for you to receive your visa on your renewal.

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