This is Takada of IMS Legal Professional Corporation. In this article, I would like to explain about the “Skilled Labor” status of residence for trained cooks/chefs (“cooks”). Recently, we were contacted by someone who owned a restaurant serving food from his home country. He had a Spouse of a Japanese National status of residence, but he came to us for advice on how to hire a cook from his country, as he is getting older and running the restaurant alone had become difficult. In cases like this, what should we keep in mind when hiring a cook from overseas?
※ For purposes of this article, a “cook” is someone who produces food products as a professional chef, baker, pâtissier, etc., for cuisines like Chinese, French, Indian, Italian, etc.
"Skilled Labor" Status of Residence for Cooks and Chefs
When hiring a new cook, first make sure that the following requirements are met:
① At least 10 years of work experience as a professional chef, cook, etc.
The 10 years of work experience may include the period of majoring in a subject related to the preparation of foreign cuisine or the production of food products at a foreign educational institution.
※ However, only 5 years of work experience is required for Thai cuisine if the following requirements are met:
- Have at least 5 years of work experience (including the period of education at an educational institution to fulfill the requirements to obtain a certificate on the skill level as a Thai cook issued by the Thai Ministry of Labor).
- Have a certificate of proficiency as a Thai cook at the elementary level or above issued by the Thai Ministry of Labor.
- Received reasonable remuneration as a Thai cook in Thailand during the year immediately preceding the date of application.
To prove the 10 (or 5) years of work experience, you will need to obtain a certificate of employment from the restaurant in your home country where you worked as a cook in the past. If the restaurant is registered and licensed to operate in your home country, you may want to submit a copy of that registration as well. If the restaurant where you worked in the past is now bankrupt and you cannot get a certificate of employment, you will not be able to prove the length of time you worked there.
② The restaurant (place of employment) must be specialized in serving the cuisine of the home country
At the time of application, the restaurant menu must be submitted. The menu must include a significant number of items that require a high level of culinary skill.
Please note that serving the cuisine of your home country will not be recognized, for example, if you are applying for a restaurant that is not of your home country (e.g. an Italian chef working at an Chinese restaurant). For example, if you're Italian, you can't get a permit unless you work as a cook in an Italian restaurant.
③ The restaurant must have facilities and equipment to be able to function as a restaurant
You will be asked to submit a floor plan and photos of the exterior and interior of the restaurant so that the restaurant can be judged on whether it is properly prepared to cook food and receive customers.
④ The size of the restaurant and the number of cooks
If there is more than one cook, the size of the restaurant and the number of customers must substantiate the need to hire additional cooks. Additional documents such as a shift schedule may be required.
Cooks working under the “Skilled Labor” visa status are only allowed to engage in food preparation work. They are not allowed to engage in simple labor such as working in the dining hall, front of house, etc.
⑤ Remuneration equal to or greater than the remuneration that a Japanese national would receive in the same position
As with any other work visa, the employee (cook) must be paid a reasonable remuneration.
⑥ The restaurant must be in a stable business condition
Financial documents may be required in order to examine the stability of the business condition.
These are just a few of the ways in which we can assist you in applying for a “Skilled Labor” visa. If you have any questions, we welcome your inquiries at any time.
For more information about Japan visas, U.S. visas, or Vietnam visas, please contact us below ↓
https://imsvisa.support/en/contact/
