Hello, this is Lee of IMS Legal Professional Corporation. Recently, working remotely and other various employment setups are becoming possible due to the COVID-19 pandemic. More people are able to do work from overseas while living in Japan, as long as they have access to the internet and a PC. (Or even a smartphone or tablet.) It's not uncommon to be hired by an overseas company while studying in Japan and receive work remotely.
For expatriates sent to work in Japan, or for those hired by a company inside Japan, there is no problem in particular with work visas. But what if you're hired by a company with no physical presence in Japan? What kind of methods are available?
There are various options, but I would like to talk about one of the inquiries we received from a client. This client wanted to know if there was a way to apply for a work visa in Japan by registering as an individual freelancer and receiving work from overseas.
How do I get a freelancer visa in Japan?
Obtaining a visa as a freelancer is quite difficult, not only in Japan but also in other countries as well; not many countries issue a freelance-specific visa. Germany, however, issues a visa specifically for freelancers called the “Freiberufler (Freelancer)” visa.
As for Japan, unfortunately there is no "freelancer visa". If you reside in Japan as a freelancer, you must obtain a work visa corresponding to the business content that you do. The kind of activities allowed differ according to the status of residence, so you must choose one that fits your situation and apply. Broadly divided, there are 19 types of Japanese work visas, and 15 related to freelance business. Your work must be applicable to one of them.
To register as a freelancer, you have to submit a notification of opening a business to the tax office. However, as mentioned above, unlike Germany--where you can apply for a freelancer visa directly--foreign nationals in Japan must apply for a corresponding status of residence. This is why it is highly difficult to obtain a status of residence as a freelancer.
What if I receive work from an overseas company?
Also, for our client's case above, the client will be receiving jobs from an overseas company. The activities for most work-related visa in Japan must be "performed based on the contract with public or private organizations in Japan". If the contract is limited to a foreign company that has no base in Japan, it will be regarded as not being applicable for a status of residence. A contract with a company that has a physical presence in Japan (i.e. work under an outsourcing agreement with a Japanese company at the same time) will likely be required.
Unless you have an exceptional circumstance for staying in the country, acquiring a residential status in that situation still tends to be difficult in other countries as well. However, since the population is continuing to decline, it might not be long until Japan starts issuing a “Freelancer Visa” like Germany as a way of inviting foreign workers. In Germany, after entering the country with the 90-day visa, applying for the freelancer visa, being granted a period of stay for 3 years maximum, and finally extending the visa a few times, you can then apply for a settlement permit.
Though the number is slowing down under the COVID-19 pandemic, international immigrants are continuously increasing; it might be natural for various types of status of residence to come up.
Those thinking of working as a freelancer must apply for a work visa. If you wish to consult someone about your work visa, please feel free to contact us at IMS.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
