1 Foreign Nationals who are permitted to work in Japan and those who are not.
"The Immigration Control and Refugee Recognition Act" (hereinafter referred to as "Immigration Control Act") prescribes fundamental regulations concerning entry and residence of foreign nationals for the purpose of working in Japan.
Foreign Nationals with the following statuses of residence may work in Japan.
(1) A status of residence with which people are permitted to work regardless of the type of industry or job.
Under the Immigration Control Act, those who have the status of residence of "permanent resident", "spouse or child of Japanese national", "spouse or child of permanent resident", or "long term resident" are completely free to engage in any working activities in Japan, and are free to work in any type of job and change their occupations, as long as there are no regulations under other acts.
(2) Statuses of residence with which people may work limited to certain types of occupations, industries, or job contents.
Those who have the status of residence of "professor", "artist", "religious activities", "journalist", "investor/business manager", "legal/accounting services", "medical services", "researcher", "instructor", "engineer", "specialist in humanities/international services", "intra-company transferee", "entertainer", "skilled labour", or "designated activities" permitted to work only in the activities which are specifically designated by the Minister of Justice for foreigners such as those on the working holiday scheme or in technical intern training programs, are only permitted to engage in activities covered by the relevant status.
However, they are required to obtain prior permission from the local immigration office, etc. to engage in extra-status-of residence activities or to change the status of residence, when they engage in these activities of running income-generating business or receiving remuneration in a status other than the relevant residence classification.
Statuses of residence with which foreign nationals are not permitted to work without permission of engaging in extra-status-of residence activities.
Those who have the status of residence of "cultural activities", "temporary visitor", "college student", "pre-college student", "trainee" or "dependent".
Those foreign nationals are not permitted to engage in activities of running income-generating business or activities for receiving remuneration, so that they may naturally not be employed or entitled to receive employment services through PESO, etc., in principle.
Therefore, when those having one of these statuses of residence intend to start work, they need to obtain permission to engage in extra-status-of-residence activities beforehand at the local immigration office, etc. This will be permitted only if the amount and scope of such activities are approved as appropriate so as not to hinder their original activities belonging to their statuses of residence.
In principle, those having the status of "college student" or "pre-college student" may take on a part-time job after obtaining comprehensive permission to engage in extra-status-of residence activities within the time limits shown in the table below. Even those who have obtained permission to engage in extra-status-of residence activities may not engage in adult entertainment businesses.
□■□Time limits for part-time job by foreign students□■□
| Time limits per week | Time limits during school vacation |
||
| College students | Full-time students in college, etc. | 28 hours per week | 8 hours per day |
| Occasional or research students in college, etc. | 14 hours per week | ||
| Students in vocational college, etc. | 28 hour per week | ||
| Pre-college students | 4 hours per day | ||
Illegal working situations
The following constitute violations of the Immigration Control Act, and is subject to deportation or criminal punishment:
| (1) | In case a foreign national having the status of residence which permits him to work, has engaged without obtaining permission for an activity of running exclusively an income-generating business or an activity for receiving remuneration, which is outside the scope of activities permitted by his status of residence, and in case a foreign national has, having the status of residence which does not permit him to work and not obtaining the permission of engaging in extra-status-of-residence activities, engaged in an activity of running an income-generating business or an activity for receiving remuneration, he is subject to criminal punishment. If he is engaging in such an activity, he is subject to deportation or criminal punishment. |
| (2) | Those staying illegally are subject to deportation or criminal punishment for illegal stay, and are not permitted to work in any way. |
A foreign national who wants to engage in an occupation belonging to any of the other statuses of residence should change his status of residence.
When a foreign national wants to engage in an occupation belonging to other statuses of residence, he must be approved to change the statuses of residence from the Minister of Justice. Therefore, if he fails to receive such approval and operates business yielding income or conduct activities receiving compensation, such activities are considered to violate Immigration Control Act, and subject to deportation or criminal punishment. This application for change of the statuses of residence shall be conducted before the end of the statuses of residence period. Even applying for before the end of the statuses of residence period, unless such application is approved, the foreign national is not permitted to engage in activities in the range of statuses of residence which he now applies, although he can engage in the activities in a range of statuses of residence which he currently has. He who is engaged in such activities is considered to violate Immigration Control Act.
The procedure to change the statuses of residence is taken at the local Immigration Control Office, etc. He shall submit necessary materials such as documents certifying the details and period of his activities in Japan, or documents certifying his identity.
Those who have the status of residence of "Temporary visitor" are not permitted to change their status of residence, except in extraordinary and unavoidable circumstances.
You cannot stay in Japan after the expiration of the residence period.
If a foreign national intends to continue his activities in Japan after the expiration of the residence period, he should have permission on updating the residence period by the Minister of Justice. The procedure to update the period must be done before the end of the statuses of residence period.
If you stay in Japan after the expiration of the residence period without such permission, you are considered to violate Immigration Control Act, and subject to deportation or criminal punishment.
Procedures to change the status of residence from "college student" to "engineer", "specialist in humanities/international service", etc. which allows engagement in an occupation
Students of graduate schools, universities, colleges, and vocational colleges who possess the "college student" status of residence may change their status of residence to "engineer", "specialist in humanities/international service", or another status that will allow for their engagement in an occupation, provided 1. the student is deemed to have the necessary qualifications to be eligible to receive said status of residence, and 2. the academic background, etc. of the student satisfies the requirements of said status of residence.
The above is also applied to graduates of special courses in vocational colleges. Among these standards, the requirement related to academic background (university degree, etc.) is not necessary, only if the candidate has 1. a title of "specialist", and 2. the chosen occupation is relevant to the study undertaken in that college.
Please also note that both students with "college student" status of residence who are enrolled at vocational colleges (in both advanced and regular course) and those with "pre-college student" status do no satisfy the requirements regarding academic background and therefore cannot engage in any occupation. However, in the situation where the candidate has already obtained a university (bachelor's) degree, etc. defined in the standard, or if the candidate possesses sufficient professional experience, etc. defined in the standard, permission to work will be granted upon completion of the necessary application procedures.
