After the pandemic, remote work has rapidly expanded in both Japan and abroad. Now, remote work enables foreigners to work for foreign companies while staying in Japan. But what about immigration laws? In this article, we'll explore this issue.
"Short-Term Stay (短期滞在)" with remote work is OK
First, there's a style of combining a tourist visa with remote work where people come to Japan as tourists, visit tourist destinations or resort areas, and work remotely while enjoying their vacation. This is sometimes called a "workation." Such "short-term stays" for remote work are generally considered unproblematic. While it's not a work visa, remote work from abroad is viewed as an activity "temporarily engaged in certain work in Japan as part of work conducted abroad," which is allowed during a "short-term stay."
You can't obtain a work qualification with only overseas remote work
On the other hand, even if you earn income from remote work abroad, this alone won't allow you to get a work visa for Japan for a more extended stay. For work visas like "Engineer/Humanities/International Services (技術・人文知識・国際業務)" and "Highly Skilled Professional (高度人材)," the work performed must be based on contracts with public or private Japanese institutions. Without a workplace or contract in Japan, you can't obtain a work visa. However, if you're transferred from an overseas public or private institution with an office in Japan to a Japanese office for a specified period, you can get a "Intra-Company Transferee (企業内転勤)" work visa.
Remote work on a "Dependent (家族滞在)" visa is considered an unauthorized activity
Another scenario involves people on a non-work visa like a "Dependent" visa who accompany their spouse to Japan. If, for instance, a wife accompanies her husband who has obtained a work visa in Japan and works remotely for a company abroad, there's a question about whether this is allowed. While she can continue her work in Japan, it's not that straightforward. Remote work from abroad is an activity that isn't recognized as work activity within the scope of a dependent residence status, making it a "non-qualified activity." To continue remote work, she would need to obtain permission for such a non-qualified activity and can work for up to 28 hours per week. Unfortunately, you can't work full-time in Japan on a "Dependent" visa. Additionally, since "being a dependent" is a requirement for this status, your income should not exceed that of the person you depend on financially.
A spouse working full-time through remote work from abroad may be a rare case. However, for activities that were previously not considered, there is a residence status called "Designated Activities" that the Minister of Justice can specify for each foreigner based on applications. Whether applying for this status would open up possibilities remains to be seen. We'll keep an eye on the development of "Designated Activities" to adapt to the changing times and societal shifts.
