Japanese immigration policy is shaped at the highest level by the Japanese legislature (the Japanese Diet), which determines the broad strokes of the law, and is supplemented by guidelines issued by the Japanese Immigration Services Agency (ISA) and detailed rules issued under ministerial ordinances promulgated by the Ministry of Justice and other ministries, treaties and related laws. The Immigration Control and Refugee Recognition Act is the main source of immigration law in Japan and was enacted to establish rules regarding entry and departure procedures for Japanese citizens and foreign nationals, a residency management system for managing the residence of mid- to long-term foreign nationals, and procedures for refugee certification.

*Note: Any opinions expressed herein are those of the author and do not reflect the official views of Deloitte Tohmatsu Immigration and License Company.

The pace of changes in Japanese immigration law has slowed somewhat relative to 2024, but Japan continues to add to and build on its current framework to increase the available foreign talent in Japan. The most significant example of this was the expansion of the industries in which the hiring of foreign skilled manual labour is permitted (so-called Specified Skill Workers). Added to the existing 12 industries are the automobile transportation, railway, forestry and wood industries, and it is expected that Japan will continue to add further industries to this list in the future to address the continuing labour shortage and declining population in Japan. More details on the Specified Skill Work status are provided in 2.1 Sponsor-Based Employment Visas.

Japan is also making headway on its promise to phase out its current Technical Intern system, which will be replaced by a new “Training and Employment System” in 2027. The new system will provide better protections for technical interns (who were in some cases subject to unfair treatment and working conditions by their employers under the previous system) and an easier pathway to permanent residence.

Japanese government officials have also authorised the introduction of a new visa for “angel investors”. Although certain details are still being discussed and the roll-out date has not yet been finalised, the work status, which will apply to certain specified national strategic special zones, is intended to attract additional capital to Japan, and specifically the start-up market, by allowing qualified investors to live in and actively work as an angel investor in Japan for up to five years initially. Applicants for the visa will be required to submit investment proposals as well as proof of their past performance, the level of assets owned, and other relevant information. This work status offers an option beyond the typical Business Manager status for business owners and operators, but is intended to target larger, more established investors and will therefore likely be out of reach for many small to mid-sized entrepreneurs.

In terms of enforcement, Immigration continues to closely track the payment of national health insurance and pension payments, in particular in connection with applications for permanent residence. For this reason, foreign nationals who move to Japan with the intention of applying for permanent residence should be careful to ensure prompt enrolment in these systems, either through their sponsor/employer or individually, to avoid issues applying for permanent residence in the future. Foreign nationals assigned to Japan who are exempt from the obligation to pay pension in Japan should be sure to request a Certificate of Coverage (COC) from the relevant governmental office in their home country and promptly provide their certificate to their local ward office after arriving in Japan to avoid complications due to lack of payment of pension in connection with any application for permanent residence in the future.

As a general rule, work permission (work status) is issued only for sponsor-based employment. In some cases, discussed in 2.3 Unsponsored Work and Investment Visas, permission may be issued to freelancers or investors who are actively engaged in the management of a business in Japan or to digital nomads who are working remotely in the country for a limited period, but generally, Japanese Immigration requires that the foreign national engage in work in Japan under an executed employment contract with a sponsor in Japan.

The most common work permissions for white-collar professionals are:

• Engineer/Specialist in Humanities/International Services (ESHIS);
• Intra-Company Transferee (ICT);
• Business Manager (BM); and
• Highly Skilled Professional (HSP).

ESHIS covers most of the types of corporate work a white-collar foreign national will be engaged in in Japan. ICT covers the same types of work but allows foreign nationals who do not otherwise meet the educational or work requirements for ESHIS to reside and work in Japan provided other requirements are satisfied. BM covers the running and management of a business in Japan and is usually appropriate for foreign nationals who will be working as presidents and CEOs, directors on a board of directors, branch managers or, in large companies, lower-level managers in Japan. HSP covers the same types of work but can also cover research and permit engagement in multiple areas. HSP is available to highly skilled professionals who attain a sufficient number of points under the associated point system (based on salary, education, years of experience, etc) or those admitted under the J-Skip System. None of these work permissions is sector specific.

Work permissions are also issued on a limited basis for skilled manual labour in the following sector-specific industries, where the Japanese government has recognised a labour shortage:

• nursing care;
• building cleaning;
• machine parts and tooling;
• industrial machinery, and electronics and information;
• construction;
• shipbuilding and machinery;
• automobile repair and maintenance;
• aviation;
• hospitality;
• agriculture;
• fishery;
• food and beverages;
• food service;
• automobile transportation;
• railway;
• forestry; and
• wood industry.

For skilled labour in the above categories, the following work permissions are generally available:

• Technical Interns (TI)*; and
• Specified Skilled Workers (SSW).

Employers of Technical Interns* are limited to employing only those who can be adequately supervised, and there are limits on the number of Specified Skilled Workers who may be employed in some industries.

*Although the Technical Intern system still exists in Japan, it is currently being phased out and will be replaced by a new system, dubbed the “Training and Employment System”, which will provide better protections for technical interns and an easier pathway to permanent residence. The new system will go into effect in 2027.

Permanent residence is generally available for foreign nationals who have (i) resided in Japan continuously for no less than the ten years immediately preceding application and (ii) worked in Japan under an appropriate work visa or other residence status for no less than the five years immediately preceding application. In addition, the applicant:

• must have committed no violations of law and otherwise exhibited good conduct;
• must have sufficient assets and skills to support themselves independently without becoming a public charge;
• must not have been subject to any criminal fines or imprisonment;
• must have satisfied their public obligations, including the payment of taxes, health insurance premiums, and pension payments, in full and on a timely basis;
• must have made all notices required under the Immigration Control and Refugee Recognition Act in the specified manner; and
• must not pose a risk in terms of public health.

In the following cases, however, the ten-year residency requirement does not apply and application for permanent residence may be made on an expedited basis.

• A foreign spouse of a Japanese national, special permanent resident or permanent resident who has been in a bona fide marital relationship with that person for no less than three years immediately preceding application and has resided in Japan for no less than one year immediately preceding application.
• The child of a Japanese national, a special permanent resident or permanent resident who has resided in Japan for no less than one year immediately preceding application.
• A foreign national who has resided in Japan for no less than five years immediately preceding application as a “Long-term Resident”.
• A foreign national who has resided in Japan under the Highly Skilled Professional or Designated Activities status continuously for no less than three years immediately prior to application and has maintained 70 points or more under the Highly Skilled Professional points system over that same period.
• A foreign national who has resided in Japan under a status of residence other than the Highly Skilled Professional or Designated Activities status continuously for no less than three years immediately prior to application and has maintained 70 points or more under the Highly Skilled Professional points system over that same period.
• A foreign national who has resided in Japan under the Highly Skilled Professional or Designated Activities status continuously for no less than one year immediately prior to application and has maintained 80 points or more under the Highly Skilled Professional points system over that same period.
• A foreign national who has resided in Japan under a status of residence other than the Highly Skilled Professional or Designated Activities status continuously for no less than one year immediately prior to application and has maintained 80 points or more under the Highly Skilled Professional points system over that same period.
• A foreign national who has resided in Japan under the Special Highly Skilled Professional status continuously for no less than one year immediately prior to application and satisfies the requirements for Special Highly Skilled Professional status over that same period.
• A foreign national who has resided in Japan under a status of residence other than the Special Highly Skilled Professional status continuously for no less than one year immediately prior to application and has satisfied the requirements for Special Highly Skilled Professional status over that same period.

Options for unsponsored work have historically been limited. Traditionally, foreigners seeking to work in Japan without a sponsor – ie, freelancers – must prove that they have sufficiently large contracts with clients based in Japan, and one of those clients must effectively serve as their “sponsor” for purposes of their application. In such cases, the freelancer is not employed by the client, but Immigration still requests that the client serve in the capacity of “sponsor” for purposes of the application.

However, in late March 2024, the Japanese government introduced a new “Digital Nomad Visa” to allow a foreign national without a local sponsor to work in Japan for a limited period. Under the visa, foreign nationals employed abroad are permitted to engage in their home country work in Japan without a local sponsor on a temporary basis by laptop, computer or other digital means provided they are providing services or sales to people outside of Japan for remuneration. Foreign nationals must (i) have nationality in a country or region that has a tax treaty and a visa waiver/exemption agreement in place with Japan, (ii) have an income of at least JPY10 million, and (iii) be enrolled in insurance covering death, injury and illness for the period the applicant resides in Japan in order to qualify for the visa. 

Foreign nationals on the Digital Nomad Visa may also bring their spouse or children (who may be involved in everyday activities, but not work) provided such spouse and children (i) are nationals of a country or region that has a visa waiver/exemption agreement in place with Japan and (ii) are enrolled in insurance covering death, injury and illness for the period they reside in Japan. The drawback is that the maximum stay under the visa is six months of every 12-month period, which means that foreign nationals seeking to engage in longer periods of unsponsored work in Japan will have to apply the traditional route or seek employment through a sponsor in Japan.

The investment route offers greater options. Under BM status (which is also available in a special version offering perks for foreign nationals who qualify as Highly Skilled Professionals), a foreign national may run or manage a subsidiary or corporate presence in Japan. This status requires a physical office, a feasible business plan and, in most cases, an investment of at least JPY5 million, and requires the foreign national to actively participate in the management of the entity. For small companies, the foreign national will usually serve as the representative director of the company. For larger companies, the foreign national may serve in such capacity or in a different position, such as a regular member of the board of directors or a lower-level management position.

For larger companies, there is no need for the applicant to personally invest JPY5 million in the business, but the applicant should have at least three years of relevant management experience (time spent in business school on an MBA programme may also be credited for this requirement). BM status can often be difficult to obtain without local support on the ground in Japan; therefore, the government offers a special start-up visa for certain national strategic special zones to enable investors to reside in Japan for a certain period of time before applying for the BM status to acquire the necessary office space, local bank account, and complete other company set-up-related activities.

As mentioned in 1.2 Upcoming Policy Changes, Japanese government officials are also in the process of finalising and rolling out a new visa for “angel investors”. The work status, which will apply to certain specified national strategic special zones, is intended to attract additional capital to Japan and specifically the start-up market by allowing qualified investors to live in and actively work as an angel investor in Japan for up to five years initially. Applicants for the visa will be required to submit investment proposals as well as proof of their past performance, the level of assets owned, and other relevant information. This work status offers an option beyond the typical Business Manager status for business owners and operators but is intended to target larger, more established investors and will therefore likely be out of reach for many small to mid-sized entrepreneurs.

Visitors travelling to Japan under the Japanese visa exemption programme (visa waiver programme) or under a valid short-term visa to Japan may engage in sightseeing and tourist activities, recreation and sports, and visit relatives.

In addition to these permitted non-business-related activities, visitors may also:

• inspect or visit plants, trade fairs, etc;
• attend certain limited training (ie, lecture-based training and not on-the-job training or other training involving actual work), lectures, explanatory meetings, etc, conducted by educational institutions, businesses, etc;
• give lectures or speeches for no compensation;
• participate in conferences or other gatherings; and
• liaise with business contacts, attend business meetings and negotiations, sign contracts, provide after-sales services, conduct market research and engage in other short-term commercial activities,

but may not work in Japan*.

Visitors travelling under the Japanese visa exemption programme (visa waiver programme) need not apply for a visa. These visitors are permitted to enter Japan visa-free under a visa exemption agreement entered into between their home country and Japan. The duration of stay permitted under these agreements, as well as the availability of an extension of stay, varies from country to country, so travellers should confirm these points in advance when making their travel arrangements.

Visitors travelling to Japan from a country that has not entered into a visa exemption agreement with Japan are required to apply for a short-term visa to visit Japan.

*As a general rule, a foreign national may not work in Japan, for remuneration or otherwise, without proper status. However, in the limited cases specified above, a foreign national may be able to travel to Japan to engage in the above activities as part of their job while continuing to receive remuneration for such work from their employer abroad. Foreign nationals may be questioned about their specific purpose of travel when entering Japan, so it is strongly recommended that any foreign national considering visiting Japan under the visa exemption programme or other short-term visa for the purpose of engaging in any of the business-related activities set forth above (i) consult with a Japanese immigration specialist in advance to ensure the activities fall squarely within the activities permitted under a short-term visa and (ii) prepare a “back-pocket letter” in advance in case they are questioned about their intended activities in Japan at a port of entry.

Japan does not require pre-travel authorisation, but foreign nationals who are not able to travel to Japan under the Japanese visa exemption programme (visa waiver programme) are required to apply for and obtain an entry visa prior to travelling to Japan.

Remote work is not permitted as a general rule in Japan. The expectation in most cases is that the employee will work at the address of the employer except where the remote work is a function of the job itself. An applicant must specify their place of work in the application for work status itself, and this should typically be the address of the employer or an office of the employer.

However, during the COVID-19 pandemic, many foreign nationals in fact worked remotely, and many companies are moving to a hybrid work format whereby employees may work certain days remotely. Given this growing trend both in Japan and abroad, Japanese Immigration appears to be warming to these arrangements, although no official guidance has been issued setting forth a rule on remote work, so it is advised that sponsors and employers confirm these arrangements with Japanese Immigration in advance to ensure compliance.

Also, the Japanese government has explicitly approved remote work for foreign nationals working in Japan under the new “Digital Nomad Visa” described in 2.3 Unsponsored Work and Investment Visas. Foreign nationals working under this status are free to work remotely from anywhere in Japan provided they are compliant with the requirements of the visa.

Japanese immigration law prescribes no language requirements for most statuses. However, foreign nationals must demonstrate a certain level of proficiency in Japanese to qualify as a Specified Skilled Worker or a care worker working under the status of Technical Intern (see 2.1 Sponsor-Based Employment Visas). Foreign nationals seeking points for Japanese language skills under an application for the Highly Skilled Professional status must also provide proof that they passed the requisite exam to claim such points, but language skills are not a requirement of the Highly Skilled Professional status itself if the applicant otherwise has a sufficient number of points to qualify. Applicants for permanent residence can also benefit from greater Japanese language skills, as they are one indication of the applicant’s level of interest in Japanese culture and integration into Japanese society, but they are not required and many foreign nationals in fact acquire permanent residence with limited or no Japanese ability.

Generally, there are no requirements for medical certificates or vaccinations in Japan, but employees applying for status as a Specified Skilled Worker or Technical Intern (see 2.1 Sponsor-Based Employment Visas) are required to undergo medical examinations before being admitted into Japan. Also, Japanese labour law requires employers to cause their employees to undergo an annual mandatory health check and requires employees to undergo such health check.

Proof of vaccination from COVID-19 or proof of a negative PCR test is no longer required. However, please note that entry into Japan may be denied for health reasons generally, including if there is concern regarding the potential spread of an infectious disease.

Salary

Employees should receive a salary that is equal to or greater than the salary of a similarly situated Japanese employee of the sponsor engaged in the same role or position. Salary cannot be reduced on the basis of national origin or other characteristics. Salary should also comply with labour law requirements, which require the payment of at least minimum wage, which varies from location to location. Salary should also be sufficient for the foreign national to support themselves and their dependants in Japan and for them not to become a public charge.

Work Activities

The general rule for the main professional work statuses – ESHIS, ICT, BM and HSP – is that the work activities must be white-collar work, not menial labour, and require special knowledge, skills, expertise and/or experience in the relevant area. Different rules apply for skilled labourers – those with TI (see 2.1 Sponsor-Based Employment Visas) and SSW status – but these also require a certain level of expertise, skill and/or experience in the designated area.

Qualifications

The basic requirement to obtain ESHIS status in Japan is that proposed work activities fall within the activities permitted under ESHIS status and the foreign national have a college, university or higher degree (junior college is also acceptable) sufficiently related to the proposed work activities the foreign national will engage in in Japan or at least ten years of work experience in a related area (although a period of at least three years of work experience is sufficient for those involved in translation, interpretation or other “International Services”). Foreign nationals who do not meet this threshold but have worked at least the immediately preceding year at a related foreign company of the sponsor in Japan can usually apply for ICT status (provided the work they will engage in is permitted under the ESHIS status).

The requirements for HSP status vary, but applicants for HSP must obtain at least 70 points under the associated point system and satisfy the underlying requirements for the type of work they will engage in as an HSP. HSPs who will engage in work falling under the ESHIS category must also satisfy the underlying requirements for ESHIS status described above, and HSPs wishing to engage in work as a Business Manager must satisfy the underlying requirements for that status set forth in 2.3 Unsponsored Work and Investment Visas. HSP status is not available for those engaged in “International Services”.

Labour Market Testing

There is no labour marketing testing nor any quota restrictions for employing overseas workers in Japan.

Requirements Regarding the Size/Structure/Turnover of a Sponsor

There are no general requirements regarding the size, structure or turnover of a sponsor, but there should be sufficient work to justify the hiring of foreign nationals by the sponsor when such foreign nationals require a work permit. A sponsor should also generate sufficient revenue to continue to pay such foreign nationals employed by the sponsor per the normal course. Sponsors who fall into the red financially, or whose ability to continue their business is otherwise called into question, will therefore often need to provide Immigration with a concrete plan for improving their profitability to ensure that they can continue to sponsor foreign national employees requiring a work permit.

In Japan, some work permissions are tied to a specific employer while others are not.

A foreign national with ESHIS status who is terminated or resigns from their current employer is typically free to move into a position with another employer provided that the activities the foreign national proposes to engage in at such employer are permitted under the foreign national’s ESHIS status. Foreign nationals with category 2 HSP status (described below) are also allowed to switch employers without applying for any particular change of status.

However, under certain work permissions, foreign nationals are limited to work for one specific sponsor. For example, the HSP category is divided into category 1 and category 2 HSPs (a category 1 HSP can apply to obtain category 2 HSP status after one or three years, depending on the number of points such HSP attained under the associated point system). Category 1 HSPs may not work for another employer without first applying for change of status, whereas a category 2 HSP is free to move into a position with another employer, like foreign nationals with ESHIS. Intra-Company Transferees, Specified Skilled Workers and Technical Interns (see 2.1 Sponsor-Based Employment Visas), meanwhile, must apply for a change of status to work for a different employer, like category 1 HSPs. Failure to do so can subject the foreign national and employer to a range of penalties and subject the foreign national to possible deportation.

Background checks may be made against applicants during the process of applying for an entry visa or residence status in Japan. Criminal record certificates are not generally required, but applicants with a criminal record must disclose and explain the nature of the offence and punishment, etc, in their application, and may be asked to provide additional supporting documentation or explanation. Foreign nationals with a history of one or more criminal convictions (ie, any crime, other than a political offence, where the foreign national was sentenced to one year or more imprisonment or probation), drug crimes, overstays or deportation from Japan will also be denied admission. Foreign nationals who have overstayed their visa or been deported from Japan may return to the country after a certain period (one, five or ten years, depending on the nature of the overstay or deportation), but foreign nationals with a history of one or more criminal convictions or drug crimes are permanently banned from entering Japan.

Foreign nationals travelling to Japan under the Japanese visa exemption programme (visa waiver programme) are not generally required to prove their financial wherewithal. Foreign nationals applying for an entry visa are also not generally required to prove their financial wherewithal but must indicate a guarantor who will be fiscally responsible for the foreign national, if necessary. Foreign nationals applying for residence status in Japan do not generally need to prove their financial wherewithal, but salary information must be provided by the sponsor/employer. Certain rules govern the amount that must be paid, but generally, a salary that (i) is higher than minimum wage for the relevant area, (ii) is at least as high as the wage that would be paid to a similarly situated Japanese national by the sponsor/employer, and is (iii) at least as high as the wage that would be paid to a similarly situated Japanese national in a similar company in the same industry, is sufficient. The salary should also be high enough for the foreign national to support themselves and any dependents that will be accompanying the foreign national to Japan.

Applications for residence status may be filed either online or through traditional paper applications. For online applications, supporting documents should be uploaded. Application for initial residence status in Japan begins with the application for a Certificate of Eligibility (COE), and is typically filed by the sponsor/employer in Japan on behalf of the foreign national. A COE is a document issued by a regional office of the Immigration Services Agency reflecting their determination that the applicant meets the requirements for the desired status and the first document required in the application process. It is possible to file an application for a COE through a Japanese embassy or consulate abroad, but this approach is almost never used as it results in significant delays. Applications for entry visas are made after the issuance of a COE and are filed in paper form at the Japanese embassy or consulate abroad with jurisdiction to accept applications filed by the foreign national.

After receiving their COE, applicants should typically apply for an entry visa at a Japanese embassy or consulate in a country in which they have citizenship (a valid passport) or a valid residence or work permit. Exceptions may be made from time to time but would be granted at the discretion of the relevant Japanese embassy or consulate, so these should be cleared with the relevant Japanese embassy or consulate in advance to avoid any issues. The jurisdiction of a particular Japanese embassy or consulate to accept an application will vary from country to country and will often depend on the legal address of the applicant, so applicants should confirm in advance which Japanese embassy or consulate they should use to file their entry visa.

Processing times for applications for work permission/status in Japan vary depending on a number of variables, including the office where the application is lodged, the time of year when the application is filed, the number of other applications the office is handling, the complexity of the application, and any errors or issues identified during screening.

In a typical year, the screening of an application for a COE will take anywhere from one to three months. The applicant must then apply for an entry visa to enter Japan, which can take anywhere from a few days to over a week, depending on the jurisdiction.

Processing times for other applications vary. Applications for changes of status and extensions tend to be the fastest (as a decision must be made on these applications by no later than two months after the expiration of the foreign national’s residence card, at the very latest). Applications for COE and permanent residence, meanwhile, can take significantly longer. As of May 2025, screening for applications for permanent residence in Tokyo is taking, on average, at least a year-and-a-half and, in many cases, longer.

Although screening times in 2024 were largely erratic and unpredictable, filing times appear to be normalising in 2025. However, it is still recommended that applicants begin preparing their applications as soon as possible, as screening times are not guaranteed and may be delayed for any number of reasons.

For foreign nationals living abroad, there are no restrictions on the applicant’s travel to Japan after an application is filed. However, applicants should note that once their application is approved and a COE is issued, they must typically return to their home country or country of residence to obtain a re-entry permit to enter Japan under their new status. Applicants travelling to Japan on the visa exemption programme (visa waiver programme) and wishing to change their status to work status after the COE is issued (a so-called “in-country conversion”) should note that, as a general rule, Japanese Immigration will not approve such a change of status unless there is an unavoidable reason why such change is necessary. If an application for in-country conversion is denied, the applicant will be required to exit and re-enter the country to obtain their residence card.

There is no system for expediting or fast-tracking applications in Japan. Japanese Immigration has complete control over the timing and process for the screening of applications, and although Japanese Immigration provides average screening times on its site as a rough guide for applicants, it is under no obligation to render a decision within such timeframes and, at least since 2023, in many cases, actual screening times have significantly exceeded the average screening times provided on the Japanese Immigration website.

Japanese Immigration has a legal mandate to fast-track applications for HSP as a way to enhance the value of the status and attract more high-skilled talent to Japan, but this mandate is only aspirational and not enforced. At the end of the day, screening times will depend on the kind of variables discussed in 4.3 Visa Processing Times, such as the office where the application is lodged, the time of year when the application is filed, the number of other applications the office is handling, the complexity of the application, and any errors or issues identified during screening, as well as the kind of application (ie, application for COE, change of status, extension or permanent residence). Since 2023, screening times have also been affected by the staff Japanese Immigration has available at any given time to process filed applications.

After a COE is issued, the foreign national must obtain an entry visa at the Japanese embassy or consulate or the foreign national’s home country or country of residence and enter Japan with the issued COE, entry visa and a valid passport (the only exception to this is when the applicant applies for an “in-country conversion” – see 4.4 Travel Restrictions Once Application Filed for more information). Assuming the foreign national enters Japan through a major port of entry (such as one of the major airports in Japan), the foreign national will then be issued a residence card bearing, among other things, a picture of the foreign national and information on their work status and the expiration date of such status (for those who enter through minor points of entry, their residence card will be sent to them separately). Foreign nationals who are issued a residence card are required to carry the card with them at all times and are subject to a penalty for failure to do so. Foreign nationals must also register their address with their local ward office or city hall within two weeks after deciding their permanent address in Japan or risk losing their work permission for failure to register.

The Japanese government charges no fees in connection with an application for COE or entry visa. A fee of JPY6,000 is charged in connection with applications for change of status and extensions when such applications are made as paper applications. The fee is reduced to JPY5,500 when those same applications are made electronically.

Visa Cost Increases

Fees for other application types increased in the past year, although this has not had a material impact on visa applications, as the fees were already quite low. The fees for applications filed on or after April 1st have increased as follows.

• Change of Status: JPY4,000->JPY6,000 (JPY5,500 if filed electronically).
• Extension: JPY4,000->JPY6,000 (JPY5,500 if filed electronically).
• Permanent Residence: JPY8,000->JPY10,000 (electronic filing is not available).
• Single Re-Entry Permit: JPY3,000->JPY4,000 (JPY3,500 if filed electronically).
• Multiple Re-Entry Permit: JPY6,000->JPY7,000 (JPY6,500 if filed electronically).
• Certificate of Authorised Employment: JPY1,200->JPY2.

There are no rules governing who can pay these fees.

Enforcement actions may be taken by the immigration authorities against individuals and sponsors in the event of a violation of immigration law.

In the event of an enforcement action against an individual where, after investigation, the decision is made to remove the individual from the country for a violation (either because the foreign national does not have the appropriate work or residence status or because the individual never had or no longer has the right to reside in Japan legally), arrangements will be made for deportation. In less serious cases where, for example, a violation is self-reported, Japanese Immigration will often provide the individual with the status of Specified Activities for a brief time to prepare to leave the country. Individuals subject to removal in this situation may in some instances qualify to apply for Special Permission to Stay in Japan, which allows foreign nationals with special familial or other attachments to Japan to remain in Japan despite grounds for removal.

Individuals who violate Japanese immigration law may also be subject to a fine or imprisonment. Individuals who reside in Japan legally but engage in unauthorised work may be subject to up to one year’s imprisonment (with or without hard labour), a fine of up to JPY2 million, or both, for normal violations; and up to three years’ imprisonment (with or without hard labour), a fine of up to JPY3 million, or both, for egregious violations. Meanwhile, individuals who enter Japan illegally or overstay their residence status and engage in unauthorised work may be subject to up to three years’ imprisonment (with or without hard labour).

Sponsors are not usually subject to direct enforcement action, but organisations that employ foreign nationals without the required work status or other status of residence may be subject to a fine of up to JPY3 million. The following individuals may also be subject to up to three years’ imprisonment (with hard labour), a fine of up to JPY3 million, or both:

• any person that causes a foreign national to engage in unauthorised labour;
• any person that causes a foreign national to be under their control for the purpose of causing that foreign national to engage in unauthorised labour; and
• any person that arranges for the use of a foreign national in authorised labour as a business.

Even if a sponsor in violation of immigration law is not subject to the above penalties, the employment of foreign nationals without the required work status can impact the ability of such employer to obtain work status for foreign nationals in the future, as the immigration authorities consider not only the qualifications of the foreign national, but also any past violations by the sponsor, when determining whether to grant work status. The illegal employment of foreign nationals can also have significant extra-legal reputational and business impacts on the offending sponsor, as instances of violation of Immigration are often covered by newspapers as well as other media outlets and can tarnish the reputation and ability of the sponsor to generate and retain clients and recruit talent.

Employers are required to ensure that all foreign nationals in their employ have the appropriate work status to engage in the work they are engaged in. The penalties for failure to do so are set forth in 6.1 Enforcement Action.

Employers are also required to give notice of the hiring and termination or resignation of foreign nationals with Hello Work, the Japanese government’s employment service centre. Notice for new hires should be made by the end of the month during which the employee was hired, and notice of terminations and resignations should be made within ten days of such termination or resignation.

Japanese employers are required to check the residence status of foreign employees to confirm that they are:

• residing in Japan legally; and
• have the appropriate status to engage in the proposed work activities for the employer,

and have an ongoing duty to continuously monitor and confirm legal residence and appropriate status while employing a foreign national.

Japanese Immigration has released smartphone and PC-friendly apps designed to assist in this process. The apps read data stored on an IC chip located within a foreign national’s residence card to confirm the validity of the card, provide an image of the residence card on file with Japanese Immigration (which includes the duration of the individual’s permitted residence in Japan as well as a description of their residence status), and provide information on whether the foreign national has permission to engage in any activities outside of the scope of their residence status.

In the past, many employers conducted their own visual check of residence cards to confirm residence status or used an old online system offered by Japanese Immigration to confirm the validity of residence cards, but over the years, there has been a marked increase in the circulation of fraudulent residence cards, including cards that appear to be valid when searched under the old online system. It is therefore recommended that employers incorporate into their onboarding and ongoing compliance processes confirmation using one of the new apps offered by Japanese Immigration.

Family Relationships Recognised for the Purpose of a Dependent Visa

Opposite-sex spouses and children (including adopted children) are recognised for the purposes of Dependant status.

Same-sex spouses may, in some instances, be able to obtain status under the Specified Activities status, but Dependant status will not be granted to a same-sex spouse, as same-sex marriage is not recognised under Japanese law. In order for a same-sex spouse to obtain Specified Activities status, the same-sex marriage must be recognised in the home country of both spouses. This rule generally makes it difficult for a same-sex spouse of a Japanese to obtain Specified Activities status.

Visa Categories Which do not Allow Family Members to Apply

Foreign nationals residing in Japan under the following status are not eligible to apply for a dependent visa for their family members:

• Cultural Activities;
• Trainee;
• Specified Skill Worker (Category 1)*; and
• Technical Intern.

* Except for foreign nationals who have changed status from Student to Specified Skill Worker.

A dependant visa alone will not allow a dependant to work. However, if the dependant applies for and obtains permission to engage in activities outside of their residence status (eg, part-time work), the dependant may work up to 28 hours a week (counted as up to 28 hours over any seven-day period) subject to certain restrictions on the type of work.