Hello, this is Takeuchi from IMS Legal Professional Corporation. With the arrival of the new year and the approach of this season, we see a significant increase in applications for Certificates of Eligibility to bring individuals to Japan for April school enrollment or employment, as well as applications for change of status of residence for students transitioning into the workforce. Each day, we can almost feel the excitement of moving on to the next stage through the application forms and documents we review. In today’s world, where it has become common to recruit talented individuals not only from within Japan but from across the globe, many companies and applicants are full of motivation, eager to take on multiple responsibilities and challenges.
At this time of new beginnings, such as the start of a new academic year, we would like to take this opportunity to revisit and examine the “principle of one status of residence per stay” and the scope of activities that a person is authorized to engage in under their status of residence.
What Is the “Principle of One Status of Residence per Stay”?
Foreign nationals residing in Japan on a medium- to long-term basis are issued a “Residence Card” and stay in Japan under an assigned status of residence. In the case of work-related statuses, there are many different categories, including the common “Engineer/Specialist in Humanities/International Services,” as well as “Business Manager,” “Medical Services,” “Skilled Labor,” and others. Each status defines specific activities that the holder is permitted to engage in, and the individual must perform only those authorized activities.
For example, a restaurant owner would hold a “Business Manager” status, while a chef would hold a “Skilled Labor” status. The scope of permitted activities is clearly defined, and even if “the chef suddenly takes the day off,” the business owner is not permitted to step in and cook, as this would constitute a violation of authorized activities. Similarly, even when teaching a language, the appropriate status differs depending on the institution: teaching at a university requires a “Professor” status, teaching at a private language school requires an “Engineer/Specialist in Humanities/International Services” status, and teaching at a junior high school requires an “Instructor” status. Thus, even when the activity itself—teaching a language—is the same, the required status of residence differs depending on the place of work.
Because of the “principle of one status of residence per stay,” individuals are, in principle, not permitted to engage in activities other than those authorized under their current status. These restrictions are referred to as work limitations associated with work-related statuses of residence, and if one wishes to engage in activities outside the scope of the authorized status, it is necessary to obtain “Permission to Engage in Activity Other Than That Permitted Under the Status of Residence Previously Granted.”
Is “Highly Skilled Professional” an Exception?
Above, we discussed the “principle of one status of residence per stay” and explained that engaging in activities outside the scope of authorized activities requires obtaining “Permission to Engage in Activity Other Than That Permitted.” In this context, one topic that often arises is the “composite activities permitted under the preferential treatment for Highly Skilled Professionals.” These “composite activities” allow individuals not only to engage in their originally authorized activities, but also to conduct related activities, such as managing a related business, thereby enabling them to work across multiple fields.
In this respect, it may be considered an exception to the “principle of one status of residence per stay.” However, it is important to note that only activities that are related to the original authorized activities may be undertaken. Activities that lack such relevance do not fall under composite activities, and in those cases, as a general rule, “Permission to Engage in Activity Other Than That Permitted” must be obtained.
What Are “Authorized Activities” Under a Status of Residence?
So far, we have discussed work-related statuses of residence and explained that they involve restrictions on permitted activities. In contrast, status-based categories such as “Spouse or Child of a Japanese National” and “Long-Term Resident” are not subject to employment restrictions. Holders of these statuses may engage even in what is referred to under immigration law as unskilled labor, and there are generally no restrictions on their employment. However, for the status of “Spouse or Child of a Japanese National,” a genuine marital relationship is required, and as a rule, cohabitation is expected; living separately is generally not permitted.
Similarly, although not a status-based category, the “Dependent” status is not intended for families to simply live together in Japan, but rather for activities that involve economic dependence on a principal visa holder. Since the primary purpose is to be supported by a working sponsor, employment is generally not permitted, and cohabitation with the sponsor is also required. (Permission to Engage in Activity Other Than That Permitted can, however, be obtained.)
As illustrated above, Japan’s statuses of residence are not only highly detailed but also require individuals to clearly understand and comply with the specific activities authorized under their respective status. If you are unsure which status of residence applies to your situation, please feel free to contact us for guidance.
Please note that this blog is based on information available at the time of writing. For the most up-to-date information, readers are responsible for confirming details through official government websites and other authoritative sources.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
