As part of the process to enter the country, you will often be required to present a Letter of Guarantee. A guarantor is someone who can provide economic and moral guidance/support to the visa holder to ensure nothing goes wrong with their life in Japan. If you have a guarantor that can be trusted, this will be one factor that improves your chances of being granted entry or residence, so you will be asked to provide supporting documents from your guarantor, such as their certificate of employment and certificate of income tax payment.

But this doesn’t mean that your guarantor has to have a certain occupation or qualification, or an income/savings requirement. They must be either a Japanese citizen living in Japan or a permanent resident, but other than that, they just need to be someone who can look after the applicant in terms of morality and common sense. However, someone who wishes to act as guarantor for someone on an exchange student or dependent visa, or other visa that doesn’t permit them to work, will need to be able to support them financially, so they will need to have enough income or savings to do this.

　However, this concept of a guarantor in immigration law is not based on the strict requirements of a guarantee contract in civil law, but they do bear moral responsibility.

International students with exchange student visas may work part time in approved industries if they obtain “Permission to Engage in Activity other than that Permitted under the Status of Residence Previously Granted.” This permission will be granted if the work will not interfere with their original reason for being in Japan, and is for the purpose of paying study fees or other necessary expenses; the certificate of Permission to Engage in Activity other than that Permitted under the Status of Residence Previously Granted will include the list of approved activities, and the period of validity.

This permission allows up to four hours of work a day for undergraduate/postgraduate students (eight hours in July and August), up to two hours for auditing students (eight hours in July and August), and up to four hours for students in vocational schools, high schools, and Japanese language schools.

If you wish to work in Japan on an Engineer visa, you have to first form an employment contract with a Japanese company where you will work in a role requiring knowledge of engineering, physics, or another natural science.

To qualify for the “Engineer” standard, the applicant must either be a university graduate majoring in the science/field required for the job, or have over 10 years of work experience in that field. In addition, if you have specialist qualifications such as that of a systems analyst, or an information management technician in South Korea, you can qualify even without work experience. Of course, the applicant must earn no less than a Japanese person would for the same job.

This is a resident status that can be granted to workers with skills only held by foreigners in Japan, such as Chinese or French cuisine, foreign construction methods (such as two by four construction), or advanced work with gemstones/precious metals, that will allow them to work in roles only performed by foreigners. It generally requires at least 10 years of experience. (This 10 years may include time spent learning at an overseas educational institution)

*An exception to this rule exists for specialists in Thai cuisine; due to an agreement between the governments of Japan and Thailand, the required level of experience is reduced to five years.

As part of the contract with your company (the one sponsoring your visa), you must work in a specialized field within your industry, and earn no less than what a Japanese person would earn in the same role.

For the Skilled Worker visa, the contract with your sponsor may involve regular employment, commission, or subcontracting, but it must be a long-term contract with a specific organization.

If a JCCI (organization of small/medium businesses) member is sponsoring the visa, the following conditions will not be applied.
① The number of trainees being hired must not exceed 1/20 of the number of employees at the company
② A foreign employment agency must have worked with the sponsoring company for at least one year

Even if the above two conditions are fulfilled, there are several more conditions relating to the person teaching the trainee, as well as the trainee’s accommodation, insurance, and compensation. The other important question is whether on-the-job training is involved. On-the-job training is when the trainee is paid for their labor while training. This is in contrast to unpaid training, which involves gaining knowledge, studying theory, and other so-called “book learning”; the ratio between time spent on unpaid and paid training should be 1:2.

No, the Business Manager visa has stricter requirements than most other work visas.

The conditions require both form and content; for example, the company must have at least two permanent employees, as well as an office. If you’re starting a new company, your business plan will also be looked at. The applicant may be someone who becomes director of a company and exercises executive power over its operations, a business manager (shop owner, department head, factory foreman, etc.) who manages an internal organization, or an investor who is setting up their own company, among many other possible cases. Applicants involved in business management (shop owner, department head, factory foreman, etc.) must have at least three years’ experience in the operation or management of the type of business in question.

We also offer business plan document writing services.

1. I’m a foreigner living in Japan. I want to invite my brother to Japan for a family visit, so where should I apply? He will be staying for around one month.

Ａ. For periods of less than 90 days, you can apply for a Temporary Visitor Visa, which allows you to visit for the purpose of tourism, visiting relatives, business conferences/negotiations, etc. You can apply at the Japanese embassy/consulate in your country. The visa is under MOFA jurisdiction. (By comparison, if you want a long-term visa, you need to apply for a Certificate of Eligibility for Status of Residence at the Immigration Bureau of Japan. The process falls under the jurisdiction of the MOJ.) The required documents differ depending on the country you’re applying from, so you should check what you need to provide beforehand.

However, whatever the purpose of your visit, whether you’re visiting relatives or coming as a tourist, you will not be able to work with this visa. If you’re missing any required documentation, or there is any other reason to suspect you’re coming to Japan to work, your visa application will be denied.

Work in this instance is defined as “operating a business that generates revenue or undertaking any activities in exchange for monetary compensation.” However, Article 19-2 of the Immigration Control Act provides an exception to this rule, so the following activities are not disallowed to foreign nationals on a short-term visa.

・ Receiving rewards, prizes, or other compensation for giving performances, lectures, advice, or appraisals (Example: appeared on a TV show and received a reward)

・ Receiving payment or other compensation for performing daily household tasks upon request from a friend or family member (unless it is done as a business)

1. Eight years ago, I overstayed my visa and was deported. I was told that I would not be allowed to reenter Japan for five years, so I thought that it would be okay by now and applied for a Certificate of Eligibility for a work visa, but my application was denied. My entry ban has expired, so why was the application denied?
2. We receive questions like this quite often. The Immigration Control Act specifies a few reasons to ban someone from entering Japan, and among these is the specification that “someone whose entry ban has not expired is not permitted to land in Japan (Immigration Control Act Article 5-1, Paragraph 9).” The entry ban period is a penalty applied to someone deported from the country after overstaying their visa. Some common entry ban period examples could be:

・Someone who was deported from Japan, and had not been deported for any reason prior to that: Five years from the date of deportation

・Someone who was deported from Japan, and had already been deported in the past (a “repeater”): 10 years from the date of deportation

・Someone who received a departure order and complied with this order: One year from the day they left Japan.

To answer the question, the fact that your entry ban has expired does not mean you will be allowed into the country.

Even if your entry ban has expired, your application for eligibility for resident status may be denied. If you apply for a Certificate of Eligibility while the ban is in effect, the reason for the rejection will be “the applicant meets one of the conditions described in Article 5-1, Paragraph 9 of the Immigration Control Act” (which means, “Because you’re still banned from entering the country.”).

Even when people apply after this ban has expired… the application is rejected, and the reason given is that the applicant does not fulfil the condition described in Article 7-1, Paragraph 2 of the Immigration Control Act (the activities stated in the application must not be false, the applicant must have made all relevant disclosures, and they must fulfill the conditions of the Ministerial Order to Provide for Criteria Pursuant to Article 7-1, Paragraph 2 of the Immigration Control and Refugee Recognition Act). Essentially, they’re saying, “Taking into account the applicant’s history when in Japan, the details provided in their application are unreliable.”

There are a few applications like these that get denied because the state of Japan doesn’t trust the applicant. This also applies to people that returned home voluntarily after receiving a departure order. The Immigration Control Act states that the entry ban for individuals who returned home after receiving a departure order lasts for one year, but applications for a Certificate of Eligibility for long-term residency are not automatically approved after this one year has passed.

・Visitors coming to Japan for business negotiations, etc. should apply for a short-term visa. You can apply at the Japanese embassy/consulate in your country. The visa is under MOFA jurisdiction. (For comparison, if you want a long-term visa, you need to apply for a Certificate of Eligibility for Status of Residence at the Immigration Bureau of Japan. The process falls under the jurisdiction of the MOJ.) The required documents differ depending on the country you’re applying from, so you should check what you need to provide beforehand.

However, whatever the purpose of your visit, whether you’re visiting relatives or coming as a tourist, you will not be able to work with this visa. If you’re missing any required documentation, or there is any other reason to suspect you’re coming to Japan to work, your visa application will be denied.

Work in this instance is defined as “operating a business that generates revenue or undertaking any activities in exchange for monetary compensation.” However, Article 19-2 of the Immigration Control Act provides an exception to this rule, so the following activities are not disallowed to foreign nationals on a short-term visa.

・ Receiving rewards, prizes, or other compensation for giving performances, lectures, advice, or appraisals (Example: appeared on a TV show and received a reward)

・ Receiving payment or other compensation for performing daily household tasks upon request from a friend or family member (unless it is done as a business)

1. I want to bring my wife to Japan on a Spouse of Japanese National Visa, but I’m unable to do so despite the fact that over two years have passed since we got married. I’ve applied a few times, but they were all rejected. Why did this happen?

A. There are a few reasons this could have happened. First, it is possible that you haven’t proven to a satisfactory degree that the marriage is sincere. For example, there have been some cases where someone has applied several times, but when they looked at their documents, the “relatives” column was empty. The Japanese spouse might think, “Why are they asking something like this?” and just leave it blank, or not fill it out in enough detail. The auditing for these applications is quite strict, and a Japanese person who isn’t married to a foreigner might say, “Is that really all it takes to have your application denied?” Another possible reason is discrepancies or falsehoods in the foreign spouse’s work history. Make sure to thoroughly double check their history of residence in Japan and marriage history before you send in the application.

1. I have resident status in Japan as the spouse of a Japanese national (permanent resident), but our relationship is not going well, and we’re currently living separately. My husband is not helping me to renew my visa. What should I do?
2. In cases like the one above, when it’s time to renew your visa, you should thoroughly explain everything that’s happened, and clearly inform the authorities whether you intend to get a divorce (by agreement or mediation), or whatever your intentions are. If the divorce proceedings have not been started, you may be able to extend your spouse visa.

If the divorce proceedings have concluded, depending on how long you’ve been living in Japan and how long you were married, you may be able to change your residence status to that of a Long-Term Resident. Please contact us for more details.

1. I would like to apply for permanent residence. I have been living in Japan for over 10 years as the spouse of a Japanese national. However, two years ago, my husband fell ill and died. Should I still apply for the Spouse of a Japanese National category?

A. If you’re considering applying for permanent residence, you cannot do this on a Spouse of a Japanese National Visa, so it will be hard to get approved. You must first change your status to “Long-Term Resident.” If you are able to obtain a three year visa after changing your status, then you should again consider applying for permanent residence.

1. I employed a trade manager under the Specialist in Humanities/International Services visa category, but when I went to renew their visa the other day, the application was rejected. What should I do?
2. The most likely reasons a work visa would be denied are that there were doubts about the actual nature of the work, or it was decided that their job does not qualify them for resident status. If their specified job actually didn’t exist from the time they first came to Japan, or the application itself reported false information, their application for visa renewal will be denied, or they may even be stripped of their resident status. However, there are cases the validity of someone’s resident status is in question, without any malice on the part of the employer or employee. (Perhaps an audit was conducted while they were performing menial labor like putting products into boxes, or they were proposing ideas for a new product, and it was assumed that that was all their job consisted of) In this case, a second application may be accepted. Of course, if the Immigration Bureau claims that you are doing work not permitted under your status of residence, you should acknowledge this sincerely.

In addition, there have been cases where visas were denied because the applicant did not meet the criteria of “earns no less than a Japanese person would for the same job” specified in the ministerial ordinance for work visas; that is, they were actually paid much less than the amount specified in their employment contract when they applied for a Certificate of Eligibility. The employer must carefully check the details of the applicant’s job and their compensation. Contact us for more details.

1. I am from the Philippines. My son was born in the Philippines to me and my former husband (a Philippine national). I moved to Japan 10 years ago after marrying a Japanese person, and currently live here on a Spouse of a Japanese National Visa. I brought my son with me when I came here. My son has Long-Term Resident status. Two years ago, my son obtained permission to reenter Japan, and then went to the Philippines. He is currently 20 years old, but the limit for his resident status is approaching in a few months. If he returns to Japan before the deadline, will he be able to renew his resident status?

A. Since your son was 10 when he came to Japan, he was able to live in Japan without issues as a prescribed long-term resident (minor, unmarried biological child of the spouse of a Japanese national living in Japan). This is colloquially known as the stepchild visa. The problem is that if he didn’t leave Japan for a long time, even if he’s over 20 years old, his long-term resident status will just change from prescribed long-term resident to the “residence permitted by the Minister of Justice in light of the special circumstances” status outlined in Appended Table II of the Immigration Control Act, but if he does leave Japan for an extended period, and a reasonable cause for him to leave the country is not recognized, there is a chance that Japan will not be recognized as his home, and his application to renew his resident status will be rejected. As he’s 20 years old, he won’t be eligible for prescribed long-term resident status (the stepchild visa), his connection to Japan won’t be recognized, and he will lose long-term resident status. You will need to thoroughly explain the reason when you make the application.

1. I am a South Korean national with permanent resident status in Japan. My father lives alone in South Korea, and there is no one there to support him financially or otherwise. I want to look after him in Japan, so is there any resident status available for my father when I bring him here?

A. The most applicable category would probably be Long-Term Resident. However, if someone is bringing their elderly parents to Japan for the purpose of caring for them or financially supporting them, they will need to prove that the parent is old, they have no one to look after them in their home country, and the applicant is financially secure enough to provide for them, among other things, so the application process is quite strict. Currently, most of these applications are probably rejected. By the way, the Immigration Control Act specifies that non-prescribed long-term residents may arrive on a short-term visa and apply to change their status afterwards, so he will probably end up coming on a short-term visa and then applying to become a long-term resident. As more and more foreigners become permanent residents or Japanese citizens, the issue of these “parent visas” is likely to become more prominent in the future, but for now, applications are decided on a case by case basis. It is far from guaranteed that an application will be approved.

A. This is a common question, but in general, the immigration department does not take kindly to people who enter on a visa waiver, or quickly come into the country, and then apply to change their status to the one they originally wanted. There are also some categories that you can’t switch to from other visas, like the trainee visa. You need to obtain the Certificate of Eligibility suited to your purpose for coming to Japan before you arrive.

If there are unavoidable circumstances, it may be allowed. (For example, if you fly in to Japan to get married) As mentioned on the international marriages page, if you come to Japan intending to marry your Japanese partner there, you may enter on a short-term visa, and then apply to change your status after you get married.

However, at present, switching from a short-term visa to the Spouse of a Japanese National visa is rarely accepted except in cases where it truly can’t be helped.

Also, depending on the foreign spouse’s home country, even if you get married in that country, they may not be able to enter Japan without applying for a Certificate of Eligibility. Specifically, this is for cases where even if they apply for a short-term visa at the Japanese embassy in their country, it will not be granted.