B) Specialist in Humanities/ International Services – Activities to engage in service that requires knowledge pertinent to jurisprudence, economics, sociology, or other human science fields. Activities to engage in service that requires specific ways of thought or sensitivity based on experience with foreign culture, such as interpreting, translation, copywriting, fashion design, interior design, sales, overseas business, information processing, international finance, design, or public relations and advertising based on a contract with a public or private organization in Japan.
C) Investor/ Business Manager – Activities to commence the operation of international trade or other business, to invest in international trade or other business and to operate or manage that business, or to operate or manage international trade or other business on behalf of foreign nationals (including foreign corporations) who have begun such an operation or have invested in such a business.
D) Engineer – Activities to engage in service that requires technological skill and/or knowledge pertinent to physical science, engineering, or other natural science fields, on the basis of a contract with a public or private organization in Japan.
NOTE: The Japanese immigration authorities, at their discretion, will issue the appropriate employment visa category to the applicant.
The General Process
Although a long-term visa for work (Employment Visa) may be applied for directly at the Japanese Consulate with jurisdiction over the applicant's place of residence, it is recommended that a Certificate of Eligibility ("COE") be obtained prior to applying at the Consulate/Embassy. Obtaining this Certificate will facilitate and expedite the process. Applications for Japanese Long-term visas submitted to the Japanese Consulate without the Certificate of Eligibility will most likely be forwarded to a Regional Immigration authority in Japan.
A Japanese corporate sponsor is required to prepare a COE application on behalf of the employee. Although a Long-term visa (Employment Visa) may be applied for directly at the Japanese Consulate with jurisdiction over the applicant's place of residence, it is recommended that a Certificate of Eligibility be obtained prior to applying at the Consulate/Embassy. Obtaining this Certificate will facilitate and expedite the process. Applications for Japanese Long-term visas submitted to the Japanese Consulate without the Certificate of Eligibility will most likely be forwarded to a Regional Immigration authority in Japan.
Basic Requirements to Qualify
To qualify for Japanese Employment Authorization, the basic requirements for are as follows:
1. The applicant must have been employed at the main office, or branch office or other office abroad for at least 1 year immediately prior to the transfer to Japan while engaging in a job, which falls under the "Engineer" or "Specialists in Humanities/ International Services" categories.
2. The applicant should receive no less salary than a Japanese national would receive for comparable work
Japanese Corporate Documents Required for Work Permit
The sponsoring Japanese employer must present the following documents:
1. Corporate registration;
2. Profit and Loss statement;
3. Corporate brochure;
4. Documents showing the relationship between home country company and Japan; and
5. Application form.
General Processing Times
The processing time for the COE application is approximately 4 to 6 weeks from the date of submission. Upon obtaining the COE, the transferee is required to submit a visa application at the Japanese Embassy/Consulate.
Processing of the entry visa by the Japanese Consulate is approximately 24-48 hours.
Documents Required to Apply for an Entry Visa
Once the Japanese Regional Immigration Authority receives approval to issue the employee's and accompanying family member's COE, the employee and each accompanying family member generally must submit the following documents when applying for the(ir) entry visa(s) via a Japanese Embassy/ Consulate with jurisdiction over the applicant's place of residence.
1. Passport valid for at least 1 year from the date of the application and at least two blank visa pages;
2. Passport-size photograph(s);
3. Duly completed and signed visa application form; and
4. Original Certificate of Eligibility ("COE") and one photocopy;
NOTE: Foreign nationals, who wish to cease performing the activities authorized by their work visa category, and engage in a new activity, must apply to change their status at the Immigration Bureau by making a personal appearance and presenting the appropriate documents.
Registration for Alien Residence Card (ARC) and Re-entry Permit:
Within 90 days of arrival into Japan, all foreign nationals must register with the municipal office of the city, ward, town, or village in which he/she is residing, and obtain an Alien Registration Card (ARC) and a Certificate of Alien Registration. The application for registration, which must be submitted within ninety (90) days of arrival in Japan, will consist of the applicant's passport, application form, and two identical passport-style photographs. The processing time is two to three weeks.
In addition, the employee and accompanying dependants must apply for a re-entry permit. The re-entry permit will allow for multiple entries into Japan. The application will consist of a completed application, Revenue Stamp, copy of the Alien Registration Card/pick-up day notice paper, and original passport. The processing time is one to five business days.
Timing Restriction to Register: The ARC card application must be submitted within ninety (90) days of arrival in Japan.
Cancellation of Work Visa and/or Residence Permit with Migrations
Alien Registration Cards and Certificates of Alien Registration must be surrendered to an Immigration Inspector at the point of departure when the foreign national leaves Japan at the completion of the assignment.
Family and Dependents
Spouse and Children
COE applications will also be submitted on behalf of accompanying spouse and children.
Once the COE application is approved, the family's entry visa applications can be filed simultaneously with the employee's visa application.
Unmarried Partners (Opposite-Sex)
The Japanese authorities do not recognize common-law marriages.
Unmarried Partners (Same-Sex)
The Japanese authorities do not recognize "same-sex" marriages.
Ability to Work
Accompanying spouses must obtain their own employment authorization in order to work in Japan.
Foreign nationals who are permitted to work in Japan and those who are not
"The Immigration Control and Refugee Recognition Law" prescribes fundamental regulations concerning entry of foreign nationals for the purpose of working in Japan.
Foreign nationals with the following residential status are permitted to work in Japan.
- Residential statuses permitted to work in any type of industry or job:
"Permanent Resident", "Spouse or Child of Japanese National", "Spouse or Child of Permanent Resident" and "Long term Resident".
Foreigners having one of the above residential status are completely free to engage in any type of activities in Japan. They are free to do any type of job and also to change it if they wish.
- Residential status with which people are permitted to work within the limit of certain types of job, industries or job contents:
"Professor", "Artist", "Religious Activities", "Journalist", "Investor/Business Manager", "Legal/Accounting Services" "Medical Services", "Researcher", "Instructor", "Engineer", "Specialist in humanities and International services", "Intra-company transferee", "Entertainer", "Skilled Labor" and "Designated Activities"(under this status, it is permitted to work only in the activities designated by the Ministry of Justice, such as those on the working holiday scheme or in technical intern training program).
Foreigners having one of the above residential status can receive job counseling and placement service.
However, please note that even with this residential status, if he/she wishes to execute an income-generating business or receive remuneration in a different kind of residential status, then this person must obtain a permit for extra-status activities or change his/her residential status.
- Foreign nationals with the following residential status can not work in Japan unless they obtain a permit for extra-status activities:
"Cultural Activities", "College Student", "Pre-college Student" and "Dependent".
Foreigners with the above residential status are not allowed to engage in income-generating business nor receive remuneration.
In case foreigners with the status of "College Student" and "Pre-college Student" wish to work, they must obtain a permit for extra-status activities from the Immigration Bureau before they start working. However, the permission is given only when it is clear that such activity does not affect his/her primal activity.
Foreigners with the status of "Cultural Activities" and "Dependent" can apply for the permit after they get informal decision of employment.
Part-time job by college students and pre-college students is permitted to be within the scope that will not be a hinder to their study which is their primal activity.For example, college students are permitted to work up to 28 hours a week (occasional students and reseach students, up to 14 hours a week). Besides, part-time job by pre-college students has to be within four hours a day.
Please refrain from working in the following cases as they constitute illegal work.
- In case a foreign national with a residential status permitted to work has engaged in an income-generating business or received remuneration through an activity outside the scope of his/her residential status, without obtaining a permit for extra-status activities.
- In case a foreign national with a residential status which does not allow to work has engaged to an income-generating business or received remuneration without obtaining permission for extra-status activities.
- In case he/she has stayed and worked beyond the designated period of stay. Such working constitutes illegal working in terms of the Immigration Control Law, and is subject to deportation or criminal punishment.
Contracts
In some instances, particularly with smaller enterprises, we have found that contracts signed are often re-written or adjusted after arrival. Frequently the new terms are unsatisfactory to the employee. Therefore those coming to Japan to be employed should either have a return air ticket in his/her possession or sufficient funds immediately available to purchase a ticket for return, should the working conditions not be satisfactory.
Most Embassies and Consulates do not keep records on individual companies and are unable to "check out" a place of employment on your behalf. You may wish, however, to talk by phone with current employees of a smaller business you hope to work with before signing a contract or making a commitment.
