JPN-Journal.com News/Laws for Foreigners Working in Japan.

Overview

Foreign nationals seeking to enter Japan shall at first possess a valid passport issued by the government of his/her country and receive a visa corresponding to the purpose of his/her visit from a Japanese embassy or consulate abroad.

At the time of landing, a foreign national undergo an examination by an Immigration Inspector at the airport or seaport and shall have his/her passport endorsed by stamping for landing permission.

A foreign national will at this time be given a status of residence from 26 categories. Under revised law, status of "Pre-College Student" was integrated into "College Student" as of July 1, 2010. Students with "Pre-College Student" status do not have to change their status to "College Student" after the enforcement of the law as long as there are no changes in their educational activities.

The allowed period of stay is also determined at this time.



Status of residence and length of stay are determined according to the reason for the foreigner's stay in Japan. Activities that foreigners may engage in are determined according to their status of residence.

No foreign national can reside in Japan beyond the permitted length of stay. However, when a foriegn national desires to remain in Japan beyond the authorized period of stay, he/she may apply for and receive an extension of period to stay. If the application is approved and extension granted, he/she may remain in Japan within that extended period.

If a non-Japanese national takes part in activities that are not part of his/her status of residence (i.e. work for money without a permit), he/she may be deported, denied extention of their period of stay or denied application to change their status of residence.

There are three general categories of working visas in Japan (Diplomat Visa, Official Visa, and Working Visa) with the Working Visa divided into sub-categories depending on the field of profession.

Upon application, a Certificate of Authorized Employment is issued to a foreign national authorized to work in Japan. By presenting this certificate, potential employers can easily confirm that the foreign national is permitted to work and what types of activities are authorized.

Holders of working visa are not permitted to work outside of the fields defined by their visa.

Permanent Resident, Spouse/Child of Japanese National, Spouse/Child of Permanent Resident, and Long Term Resident of Japan are allowed to engage in any paid activity regardless of the professional field.

Student visa holders are not allowed to engage in paid activities, unless they obtain the permission of their school and the immigration office. However, students may only work for a preset maximum number of hours per week.

Citizens of Australia, New Zealand, Canada, Korea, France, Germany, the United Kingdom, and Ireland between the ages of 18 and 30 may also apply for a working holiday visa to work in Japan for up to a year.


Passport/Alien Registration Card

A foreign national residing in Japan must carry his/her passport at all times and made avaialable for presentation to Immigration Inspectprs, Immigration Control Officers, Police Officials, etc. upon request.

However, if a foreign national has received a "Certificate of Alien Registration (Alien Registration Card)" and carries it with him/her, passport need not be carried.



If Alien Registration Card is carried instead of a passport, the card must be made available for presentation to Immigration Inspectors, Immigration Control Officers, Police Officials, etc. upon request.

However, a foreign national under 16 years of age is not required to carry his/her passport nor Alien Registration Card.


Foreign Students in Japan

Many foreign students choose to work part-time to help pay their tuition and/or living expenses. In fact, according to a survey conducted by Japan Student Service Organization (JASSO), seven out of ten foreign students are engaged in some type of part-time work in Japan.

However, because the visa status of many foreign students are that of College Student or Pre-college Student, foreign students are generally prohibited to work in Japan without obtaining special permit. This special permit can be obtained by applying for a "Permit to Engage in Activity other than that Permitted by the Status of Residence Previously Granted" with your regional immigration bureau.

Application forms are provided at regional immigration bureau counters. When filing your application, you will need to take four documents with you:

- "Engaging in Activities other than that Permitted by the Status of Residence Previously Granted" application form
- Passport (for presentation purposes only)
- Copy of alien registration card
- Sub-application provided by your school

It is important to understand that there are two limitations as to your working status: (1) working hours according to your status of residence and (2) the type of jobs allowed. Non-compliance may result in loss of status to engage in part-time work.

Working Hour Limitation

Full-time students at a university (undergraduate or post graduate) or similar educational institutes as well as students of colleges of technology and special training colleges may work up to 28 hours a week (8-hours a day during long school breaks such as summer vacation).

Research students who mainly audit classes may work up to 14 hours a week (8-hours a day during long school breaks such as summer vacation).

Pre-college students may work up to 4 hours a day.

Job Limitation

It is strictly prohibited for foreign students to work in entertainment related services that may affect public morals such as at bars where you serve customers at the table. This includes dishwashing or cleaning work at pachinko or mahjong parlors.

Finding Part-Time Work

Part-time job posisions can be serached at the following locations:

- Student affairs office at your university or school
- Newspaper classified ads and employment magazines
- Tokyo Employment Service Center for Foreigners
- Osaka Employment Service Center for Foreigners


Recent Development

The law for partial amendment to the Immigration Control and Refugee Recognition Act and the Special Act on the Immigration Control of, Inter Alia, Those who have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan (hereinafter referred to as "the amended law") was passed and enacted at the regular Diet session of 2009, and promulgated on July 15, 2009.

The amended law stipulates the introduction of a new system of residence management including issuance of a Residence Card. It also contains new provisions such as the issuance of a Special Permanent Resident Certificate, revision of the training and technical internship programs, integration of the statuses of residence of "College Student" and "Pre-College Student", and establishment of the Immigration Detention Facilities Visiting Committee.

Details of the changes are provided at the Ministry of Joustice's Web site.

Status of Residence

1. Diplomat
2. Official
3. Professor
4. Artist
5. Religious Activities
6. Journalist
7. Investor/Business Manager
8. Legal/Accounting Services
9. Medical Services
10. Researcher
11. Instructor
12. Engineer
13. Specialist in Humanities/International Services
14. Intracompany Transferee
15. Entertainer
16. Skilled Labor
17. Cultural Activities
18. Temporary Visitor
19. College Student
20. Trainee
21. Dependent
22. Designated Activities
23. Permanent Resident
24. Spouse/Child of Japanese National
25. Spouse/Child of Permanent Resident
26. Long Term Resident

Foreigners under Diplomatic, Official, and Working Visas are permitted to work in Japan. Resident status 1 thru 16 above are considered Working Visas.
Source: Ministry of Foreign Affairs
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Working Visas

Professor | Activities for research, direction or research or education at colleges, equivalent educational institutions or colleges of technology. Duration: 3 yrs or 1 yr.

Artist | Activities for the arts that provide income, including music, the fine arts, literature, etc. (excluding activities of Entertainer). Duration: 3 yrs or 1 yr.

Religious Activities | Missionary and other religious activities conducted by foreign religionists dispatched by foreign religious organizations. Duration: 3 yrs or 1 yr.

Journalist | News coverage and other journalistic activities conducted on the basis of a contract with foreign journalistic organizations. Duration: 3 yrs or 1 yr.

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 the foreign nationals (including foreign corporations) who have begun such an operation or have invested in such a business (excluding activities to engage in the operation or management of the business which are not allowed without legal qualifications). Duration: 3 yrs or 1 yr.

Legal/Accounting Services | Activities to engage in the legal or accounting business, which is required to be carried out by "Gaikokuho-Jimu-Bengoshi", "Gaikoku-Koninkaikeishi" or those with other legal qualifications. Duration: 3 yrs or 1 yr.

Medical Services | Activities to engage in medical treatment services, which are required to be undertaken by physicians, dentists or those with other legal qualifications. Duration: 3 yrs or 1 yr.

Researcher | Activities to engage in research on the basis of a contract with public or private organizations in Japan (excluding activities of Professor). Duration: 3 yrs or 1 yr.

Instructor | Activities to engage in language instruction and other education at elementary schools, lower secondary schools, upper secondary schools, secondary educational schools, special schools for the visually impaired, handicapped children's schools, advanced vocational schools or other educational institutions equivalent to vocational schools in facilities and curriculum. Duration: 3 yrs or 1 yr.

Engineer | Activities to engage in services, which require technology and/or knowledge pertinent to physical science, engineering or other natural science fields, on the basis of a contract with public or private organizations in Japan (excluding activities of Professor, Investor/Business Manager, Medical Services, Researcher, Instructor, Intra-company Transferee and Entertainer). Duration: 3 yrs or 1 yr.

Specialist in Humanities/International Services | Activities to engage in services, which require knowledge pertinent to jurisprudence, economics, sociology or other human science fields or to engage in services which require specific ways of thought or sensitivity based on experience with foreign or private organizations in Japan (excluding activities of Professor, Artist, Journalist, Investor/Business Manager, Legal/Accounting Services, Medical Services, Researcher, Instructor, Intra-company Tranferee and Entertainer. Duration: 3 yrs or 1 yr.

Intracompany Transferee | Activities on the part of personnel who are transferred to business offices in Japan for a limited period of time from business offices which are established in foreign countries by public or private organizations which have head offices, branch offices or other business offices in Japan and who engage at these business offices in activities of Engineer or Specialist in Humanities/International Services. Duration: 3 yrs or 1 yr.

Entertainer | Activities to engage in theatrical performances, musical performances, sports or any other show business (excluding activities of Investor/Business Manager). Duration: 1 year, 6 months, 3 months or 15 days.

Skilled Labor | Activities to engage in services, which require industrial techniques or skills belonging to special fields on the basis of contract with public or private organizations in Japan. Duration: 3 yrs or 1 yr.

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Visa Exemption Agreement

Obtaining a valid visa is one of the requirements for landing in Japan. However, a visa is not required when nationals of countries which have reciprocal visa exemption agreements with Japan intend to stay in Japan for a short period not exceeding a certain length for the purposes of sightseeing, rest, visiting relatives, marketing research, going on inspection tours, attending business meetings, participating in meetings, etc., they do not need a visa.

As of March 1, 2007 Japan has concluded reciprocal visa exemption agreements for the holder of ordinary passports with 62 countries (generally permitted period of stay is 3 months with the exception of 6 months, 90 days, 30 days or 14 days).
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Gyoseishoshi Lawyers


Expatriates who left jobs in Japan after 1994 may be eligible for a lump-sum withdrawal payment from the national insurance program. The lump-sum withdrawal payment is subject to a Japanese income tax of 20%, but that too may be reclaimed by utilizing our Pension Refund Filing Service.

Yamamoto Immigration & Labor Consulting Office is run by Mr. Nobuyuki Yamamoto, a dual professional. He is a registered Gyoseishoshi Lawyer and a registered Certified Social Insurance and Labor Consultant. He received his Master's degree from International Relations University of San Diego. After working for a U.S. financial services provider, Mr. Yamamoto established his practice.

Wakamatsu Labor Consulting Office is run by Ms. Eri Wakamatsu, a dual professional. She is a registered Gyoseishoshi Lawyer and a registered Certified Social Insurance and Labor Consultant. Born in Nagasaki prefecture, her career includes Sony EMCS Corp., STMicroelectronics, General Electric Company, and other foreign based companies where she was responsible for the hiring of experienced personnel and other human resource operations.

Saito Office is run by Shinichiro Saito, a registered Gyoseishoshi Lawyer. Mr. Saito specializes in immigration and other legal issues related non-Japanese nationals working in Japan. The office also offers immigration counseling in English.
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Working Holiday Countries

Australia
New Zealand
Canada
Republic of Korea
France
Gernamy
The United Kingdom
Ireland

Japan initiated its Working Holiday Programmes with Australia in December 1980. It was then follows with a neighboring country, New Zealand, in July 1985, and by Canada in March 1986. In April 1999, the Republic of Korea joined the three preceding countries to start the Programme with Japan followed by France in December that year. The programme with Germany started in December 2000, then with the United Kingdom in April 2001, and with the recent addition of Ireland in January 2007. Working Holiday Programmes are designed to foster young people with global perspective and enhance friendly relationship between Japan and partner countries by providing opportunities for the young generation to deepen their understanding about partner countries.
Source: Ministry of Foreign Affairs