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JPN-Journal.com
News/Laws for Foreigners Working in Japan.
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- Investor/Business Manager
- In cases where the applicant is to commence the operation of international trade or other business, the following conditions shall be met:
- The facilities to be used as an office for the business shall be located in Japan.
- The business shall have the capacity to employ at least 2 full-time employees in Japan (excluding foriegn nationals residing under the diplomat or official status) in addition to those who operate and/or manage the business.
- In cases where the applicant is to invest in international trade or other business in Japan and to operate or manage that business, or in cases where the applicant is to operate or manage international trade or other business on behalf of a foreign national (including a foreign corporation, hereinafter in this section "foreign national" shall include "foreign corporation") who has begun such an operation in Japan or has invested in such a business in Japan, the following conditions shall be met:
- The office for the business shall be located in Japan.
- The business shall have the capacity to employ at least 2 full-time employees in Japan (excluding foreign nationals residing under the diplomat or offical status) in addition to those who operate and/or manage the business
- In cases where the applicant is to engage in the management of international trade or other business in Japan, he shall have at least 3 years' experience in the operation and/or management of business (including the period during which the applicant majored in business operation and management at a graduate school) and shall receive no less salary than a Japanese national would receive for comparable work.
- Legal/Accounting Services
The applicant shall engage in the profession of an attorney (bengoshi), judicial scrivener (shihoushoshi), certified real estate assessor (tochikaokuchousashi), attorney recognized as a gaikokuhou-jimu-bengoshi, certified public accountant (kouninkaikeishi), certified public accountant recognized as a gaikoku-kouninkaikeishi, certified tax specialist (zeirishi), certified social insurance and labor specialist (shakaihokenroumushi), certified patent specialist (benrishi), maritime procedure agent (kaijidairishi) or certified administrative procedures specialist (gyouseishoshi).
- Medical Services
- The applicant who is to engage in the profession of a medical doctor, dentist, phamacist, public health nurse, midwife, registered nurse, assistant nurse, dental hygienist (shikaeiseishi), X-ray technician for medical examinations, physical therapist (rigakuryouhoushi), occupational therapist (sagyouryouhoushi), eye specialist (shinoukunrenshi), clinical technician (rinshougakushi) or artificial limb technician (gishisougushi) shall receive no less salary than a Japanese national would receive for comparable work.
- In cases where the applicant is to practice as a dentist, he shall fall under one of the following categories:
- A person who is to practice as a trainee at a hospital attached to a college or to the faculty of medical science, faculty of dentistry or a research institute of the faculty of medical science of a college, or at a hospital designated by the Ministry of Health, Labour and Welfare in accordance with the provisions of Article 16-2, Paragraph 1 of the Dentists' Law, or at a hospital designated by the Minster of Justice in the Official Gazatte as equivalent thereto, within a period not exceeding 6 years from the date of receipt of a license valid in Japan as a dentist.
- A person who is to practice at a hospital or a medical clinic, disginated by the Minister of Justice in the Official Gazette, in an area where it is difficult to secure the services of a dentist.
- In cases where the applicant is to practice as a public health nurse, midwife or assistant nurse, he must practice as a trainee within a period not exceeding 4 years from the date of receipt of a license valid in Japan as a public health nurse, midwife or assistant nurse.
- In cases where the applicant is to practice as a registered nurse, he must practice as a trainee within a period not exceeding 7 years from the date of receipt of a licnse valid in Japan as a registered nurse.
- In cases where the applicant is to practice as a phamacist, dental hygienist, X-ray technician for medical examinations, physical therapist (rigakuryouhoushi), occupational therapist (sagyoryouhoushi), eye specialist (shinoukunrenshi), clinical technician (rinshoukunrenshi) or artificial limb technician (gishisougushi), he must be invited by a medical institution or pharmacy.
- Researcher
The following conditions are to be fulfilled, unless the applicant is to engage in research under a contract with the national government, a local government, a corporation established directly in accordance with Japanese laws, a corporation established in accordance with a Japanese special law through special acts of establishment, a corporation which is established in accordance with a Japanese special law and is required to obtain approval from the administrative authorities with respect to the establishment, an independent administrative institution (meaning the independent administrative institution provided for in Article 2, Paragraph 1 of the Law Concerning the General Rules of Independent Administrative Institutions (Law No.103, 1999); hereinafter the same) or a corporation designated by the Minister of Justice in the Official Gazette, which is managed by funds granted by the national government, a local government or an independent administrative institution.
- The applicant shall have a master's degree or at least 3 years' experience in an area of related research (including research conducted at a graduated school) after graduation from college (excluding graduation from a community or junior college) or an equivalent institution or at least 10 years' experience in an area of related research (including research conducted at a college).
- The applicant shall receive no less salary than a Japanese national would receive for comparable work.
- Instructor
- In cases where the applicant is to engage in instruction at a vocational school (kakushugakkou) or an educational institution equivalent to it in facilities and curriculum or in cases where the applicant is to engage in instruction at another school in a capacity other than that of a teacher, the following conditions are to be fulfilled. In cases where the applicant is to engage in instruction at a vocational school or an educational institution equivalent to it in facilities and curriculum which is established to provide primary or secondary education in a foreign language to the children of those with the status of residence "Diplomat" or "Official" given in Annexed Table I (1) of the Act or "Dependent" given in Annexed Table I (4) of the Act, only requirement a) need be fulfilled.
- The applicant shall have graduated from or completed a course at a college or acquired equivalent education, or shall hold a license to teach the subject that he intends to teach in Japan.
- When the applicant is to teach a foreign language, he shall have acquired education in that language for at least 12 years. When the applicant is to teach other subjects, he shall have at least 5 years' teaching experience in that subject.
- The applicant shall receive no less salary than a Japanese national would receive for comparable work.
- Engineer
The following conditions are to be fulfilled, except in cases where the applicant is to engage in a job that requires skills and/or knowledge concerning information processing, and has passed the examination on information processing skills that is designated by the Minister of Justice in the Official Gazette or has obtained the qualification on information processing skills that is designated by the Minister of Justice in the Official Gazette, in which case the condition provided in Item 1 need not be satisfied.
- The applicant shall have graduated from or completed a course at a college or acquired equivalent education majoring in a subject relevant to the skills and/or knowledge necessary for performing the job concerned, or the applicant shall have at least 10 years' experience (including the period of time spent studying the relevant skills and/or knowledge at a college, college of technology (koutousenmongakkou), upper secondary school, the latter course of a secondary educational school (chutoukyouikugakkou) or during a specialized course of study at an advanced vocational school (senshugakkou)).
- The applicant shall receive no less salary than a Japanese national would receive for comparable work.
- Specialist in Humanities/International Services
The following conditions are to be fulfilled, unless the applicant is to engage in business related to representation in association with the procedures for an international arbitration case, and falls under Article 58-2 of the Special Measures Law Concerning the Handling of Legal Business by Foreign Lawyers (Law No.66 of 1986).
- In cases where the applicant is to engage in a job requiring knowledge in the humanities, he must have graduated from or completed a course at a college or acquired equivalent educational majoring in a subject relevant to the knowledge necessary for performing the job concerned, or have at least 10 years' experience (including the period of time spent obtaining the relevant knowledge at a college, college of technology (koutousenmongakkou), upper secondary school, the latter course of a secondary educational school (chutokyouikugakkou) or during a specialized course of study at an advanced vocational school (senshyugakkou)).
- In cases where the applicant is to engage in a job requiring specific ways of thinking or sensitivity based on experience with a foreign culture, the following conditions are to be fulfilled.
- The applicant shall engage in translation, interpretation, instruction in languages, copywriting, public relations, overseas transactions, fashion or interior design, product development or other similar work.
- The applicant shall have at least 3 years' experience in the relevant job, except in cases where the applicant who has graduated from college is to engage in translation, interpretation or instruction in languages.
- The applicant shall receive no less salary than a Japanese national would receive for comparable work.
- Intra-company Transferee
The following conditions shall be fulfilled.
- The applicant shall have been employed at the main office, branch office or other office outside of Japan for at least 1 year immediately prior to the transfer to Japan while engaging in a job which falls under the categories of "Engineer" or "Specialist in Humanities/International Services" specified in Annexed Table I (2) of the Act.
- The applicant shall receive no less salary than a Japanese national would receive for comparable work.
- Entertainer
- In cases where the applicant is to engage in public entertainment consisting of theatrical performances or musical performances the following conditions are to be fulfilled, except for cases which are stipulated in Item 2.
- The applicant shall fulfill one of the following requirements for the type of performance in which he is to engage, except in cases where the total receipt for the applicant's performance (if a group performance then the total receipt for the group) amounts to 5 million yen or more a day.
- Deleted
- The applicant shall have spent a minimum of 2 years at a foreign educational institution majoring in subjects relevant to the type of performance in which he is to engage.
- The applicant shall have a minimum of 2 years' experience outside Japan in the type of performance in which he is to engage.
- The applicant shall perform in theatrical or musical performances on the basis of a contract (limited to one that claerly specifies that the organization concerned bears the obligation of making a payment of at least 200,000 yen per month to the applicant; hereinafter referred to as "performance contract" in this item) with an organization in Japan which meets the following requirements. However, this does not apply when the applicant is to engage in musical performance of ethnic music at an ethnic restaurant other than restaurants classified as places operating an entertainment business under Article 2, Paragraph 1, Item 1 or 2 of the Law on Control and Improvement of Amusement and Entertainment Business (Law No.122 of 1948) (hereinafter referred to as "Entertainment Business Law") with receipt of payment of at least 200,000 yen per month on the basis of a contract with an organization which manages the restaurant concerned.
- The operator or the manager of the organization shall have at least 3 years' experience in public entertainment involving foreign nationals.
- The operator or the manager of the organization shall employ at least 5 full-time employees in Japan.
- The operator or the regular employees of the organization shall not fall under any one of the following categories.
- A person who has committed trafficking in persons or instigated or aided another to commit one.
- A person who has committed the act specified in Article 73-2, Paragraph 1, Item 1 or 2 of the Act or the act of mediating specified in Item 3 of the said paragraph in the past 5 years.
- A person who has forged or altered a document or drawing, has prepared a false document or drawing, or has used, possessed, transferred or lent a forged or altered document or drawing or false document or drawing, or has arranged the transfer or lending thereof with the intent of helping a foreign national illegally receive issuance of a certificate, an enforsement stamp or permission for landing or special permission under the provisions of Chapter III, Section I or II of the Act, permission for landing under the provisions of Section IV of the said chapter or permission under the provisions of Chapter IV, Section I or Chapter V, Section III of the Act, in connection with the business activities of the organization concerned, in the past 5 years.
- A person who has been punished for violation of the provisions of Article 74 to 74-8 of the Act, or Article 6 to 13 of the Anti-Prostitution Act (Law No.118 of 1956) and for whom 5 years have not yet passed following completion of the sentence or since the date of remission of the execution of the sentence.
- A person who is a member of an organized crime group under the provisions of Article 2, Item 6 of the Law Concerning Prevention of Unjust Acts by Organized Crime Group Members (Law No.77 of 1991) or for whom 5 years have not yet passed since leaving an organized crime group.
- The organization shall make payment of the entire amount of the salary, which it has the obligation to pay to the foreign nationals residing in Japan under the status of residence of "Entertainer" on the basis of performace contracts concluded by the organization in the past 3 years.
- The facility at which the theatrical or musical performances related to the application are to take place must meet the following requirements. Incases where there are no foreign nationals at the facility with the status of residence of "Entertainer" engaging in entertainment activities other than the applicant, the facility shall meet the requirement of (6).
- The audience for the performance shall not be limited to any specific groups or individuals.
- In cases where the facility falls, under Article 2, Paragraph 1, Item 1 or 2 of the Entertainment Business Law, the following conditions are to be fulfilled.
- There shall be a minimum of 5 employees whose duties are primarily serving customers (the definition of "serving customers" as under the provisions of Article 2, Paragraph 3 of the Entertainment Business Law; hereinafter the same).
- It shall be clear that the foreign performers holding the status of residence of "Entertainer" are not required to take part in serving customers.
- There shall be a stage of at least 13 square meters.
- There shall be a waiting room for the entertainers of at least 9 square meters. If the number of entertainers is greater than 5, there shall be an additional 1.6 square meters for every additional entertainer.
- There shall be at least 5 employees at the facility.
- The operator of the organization which manages the facility concerned or the regular employees who engage in the operations of the facility concerned shall not fall under any one of the following categories.
- A person who has committed trafficking in persons or instigated or aided another to commit one.
- A person who has committed the act specified in Article 73-2, Paragraph 1, Item 1 or 2 of the Act or the act of mediating specified in Item 3 of the said paragraph in the past 5 years.
- A person who has forged or altered a document or drawing, has prepared a false document or drawing, or has used, possessed, transferred or lent a forged or altered document or drawing or false document or drawing, or has arranged the transfer or lending thereof with the intent of helping a foreign national illegally receive issuance of a certificate, an enforsement stamp or permission for landing or special permission under the provisions of Chapter III, Section I or II of the Act, permission for landing under the provisions of Section IV of the said chapter or permission under the provisions of Chapter IV, Section I or Chapter V, Section III of the Act, in connection with the business activities of the organization concerned, in the past 5 years.
- A person who has been punished for violation of the provisions of Article 74 to 74-8 of the Act, or Article 6 to 13 of the Anti-Prostitution Act (Law No.118 of 1956) and for whom 5 years have not yet passed following completion of the sentence or since the date of remission of the execution of the sentence.
- A person who is a member of an organized crime group under the provisions of Article 2, Item 6 of the Law Concerning Prevention of Unjust Acts by Organized Crime Group Members (Law No.77 of 1991) or for whom 5 years have not yet passed since leaving an organized crime group.
- When the applicant is to engage in theatrical or musical performances, he shall fall under one of the following categories.
- The applicant is to engage in theatrical or musical performances organized by the national government, a local government or a corporation established directly in accordance with Japanese laws or a corporation established in accordance with Japanese special law through special acts of establishemnt, or in theatrical or musical performances conducted at a school, an advanced vocational school or a vocational school provided for under the provisions of the School Act (Law No.26 of 1947).
- The applicant is to engage in theatrical or musical performances organized by a public or private organization in Japan which has been established with funds from the national government, a local government or an independent administrative institution for the purpose of cultural exchange between Japan and foreign countries.
- The applicant is to engage in theatrical or musical performances at a facility or 100,000 square meters or more where theatrical or musical performances by foreign nationals are regularly shown in order to attract potential tourists with the theme of foreign settings or culture.
- The applicant is to engage in theatrical or musical performances at a facility where food and drink are not served for profit to the seated audience and where serving customers does not take place (limited to one manged by a public or private non-profit organization in Japan or one with a seating capacity of 100 or more).
- The applicant shall receive a salary of 500,000 yen or more a day for performances concerned (if it is a group performance, then the group's total receipt shall be this amount) and to reside in Japan for a period not exceeding 15 days to engage in theatrical or musical performances.
- In cases where the applicant is to engage in public entertainment other than theatrical or musical performances, he shall receive no less salary than a Japanese national would receive for comparable work.
- In cases where the applicant is to engage in show business other than public entertainment, he shall engage in one of the following activities and shall receive no less salary than a Japanese national would receive for comparable work.
- Activities relating to the advertisement of goods or business.
- Activities relating to the production of broadcast programs (including cable broadcast programs) or movies.
- Activities relating to the taking of commercial-use photographs.
- Activities for recording sound or images on commercial-use records, videotapes or other recording media.
- Skilled Labor
The applicant shall fall under one of the following categories and shall receive no less salary than a Japanese national would receive for comparable work.
- A person with at least 10 years' experience in preparing cuisine or producing foods that originates and is foreign to Japan (including the period of time spent studying at educational institutions in a foreign country while majoring in the skills concerned) who is to engage in a job requiring such skills (excluding the foreign nationals cited in item 9).
- A person with at least 10 years' experience in architecture or civil engineering characteristic to foreign countries (including the period of time spent studying at educational institutions in a foreign country while majoring in the skills concerned) who is to engage in a job requiring such skills. (If the person concerned is to engage in a job under the guidance of a person who has at least 10 years' experience, experience of 5 years will be accepted in lieu of 10 years.)
- A person with at least 10 years' experience in the manufacture or repair of products special to foreign countries (including the period of time spent studying at educational institutions in a foreign country while majoring in the skills concerned) who is to engage in a job requiring such skills.
- A person with at least 10 years' experience in the procesing of gems, precious stones or fur (including the period of time spent studying at educational institutions in a foreign country while majoring in the skills concerned) who is to engage in a job requiring such skills.
- A person with at least 10 years' experience in training anumals (including the time period of time spent studying at educational institutions in a foreign country while majoring in the skills concerned) who is to engage in a job requiring such skills.
- A person with at least 10 years' experience in seabed digging for oil exploration or digging for development of terrestrial heat or a study of the seabed for minerals exploration (including the period of time spent studying at educational institutions in a foreign country while majoring in the skills concerned) who is to engage in a job requiring such skills.
- A person with at least 1,000 hours' experience in piloting an aircraft who is to engage in a job as a pilot of an aircraft used for air transport provided for by Article 2, Paragraph 17 of the Aviation Act (Law No.231 of 1947).
- A person with at least 3 years' experience in instructing sport (including the period of time spent studying at educational institutions in a foreign country while majoring in the skills concerned and engaging in the sport with remuneration) who is to engage in a job requiring such skills or a person who has competed in an international event such as the Olympics or World Championships and is to engage in a job requiring such skills concerning instruction in the sport.
- A person with at least 5 years' experience in assessing, evaluating, and maintaining the quality of wine, and providing wine (hereinafter referred to as "wine assessment") (including the period of time spent studying at educational institutions in a foreign country while majoring in the skills concerned) who falls under one of the following categories and is to engage in a job requiring such skills.
- A person who has achieved exellence in a contest concerning skills for wine assessment held on an international scale (hereinafter referred to as "international sommelier contest")
- A person who has entered an international sommelier contest (limited to those that restrict the number of contestants to one per country).
- A person who has qualification for skills concerning wine assessment that is certified by a national or local government (including a foreign government), or a public or private organization equivalent thereto and is designated by the Minister of Justice in the Official Gazette.
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