Applicant’s Residence Status in Japan – Compliance with Legal Obligations

When a foreign national seeks to obtain a Japan Business Manager VISA (hereafter “Business VISA”) through a change from their current residence status, their history of residence in Japan becomes a critical factor. Under Japanese immigration law, a change or extension of status is only permitted when the Minister of Justice determines there is a “reasonable ground” to approve it. This determination is made at the full discretion of the Minister, taking into account the applicant’s proposed activities, their record of stay, and the necessity of their continued residence in Japan.

In addition to confirming (i) that the applicant’s intended activities match a designated status of residence under the Immigration Control Act and (ii) that they meet the landing permission criteria prescribed by Ministry ordinances, immigration officials also examine the following:

• Whether the applicant engaged in activities appropriate to their current status of residence;
• Whether the applicant has maintained good conduct and moral character;
• Whether the applicant possesses sufficient financial means or skills to maintain an independent livelihood;
• Whether the applicant’s employment conditions are appropriate;
• Whether the applicant has fulfilled tax obligations and other public duties;
• Whether the applicant has complied with notification requirements under immigration law.

① International Students

For international students, poor attendance, failing grades, or withdrawal from school may result in denial of a status change to a Business VISA. Similarly, unauthorized activities such as running a business or working full-time without permission can also lead to denial.

It is important to note that an international student cannot engage in company management or earn executive compensation while still under a student visa. Establishing a corporation or receiving salary under a student status is not permitted.

However, in certain cases, it is possible for a student to change their status to a Business VISA before graduation and continue limited academic activities while managing a company. Typically, this applies to fourth-year university students or second-year master’s students who have completed most of their required credits and are close to graduation.

② Foreign Nationals with Working Status

Foreign nationals holding a work-related residence status must be engaged in activities appropriate to their visa category. If a visa holder remains in Japan without engaging in the designated activities for three months or more without justifiable reason, it may trigger visa cancellation procedures.

For example, if a foreigner holding a “Engineer/Specialist in Humanities/International Services” visa (three years) resigns from their company and starts working as a social media influencer without changing their status, this could be viewed as a violation. If they later apply for a Business VISA while continuing unauthorized activities, the application may be denied due to an improper record of residence.

Similarly, working as a beautician, nail technician, or in nightlife businesses under a “Engineer/Specialist in Humanities/International Services” status — activities outside the designated visa category — could result in denial.

③ Foreign Nationals with Status Based on Personal Relationship (e.g., Spouse of a Japanese National)

Foreign nationals holding status based on a personal relationship, such as “Spouse of a Japanese National,” must also maintain proper activities in accordance with their visa status. If they fail to engage in proper activities for six months or more without a valid reason, or if they file a false address with the Immigration Services Agency, they may face visa cancellation procedures.

 

Professional Profile

Masakazu Murai
Producer for Foreign Entrepreneur Support
– Comprehensive Support from Company Formation to Business VISA Acquisition –

Masakazu Murai specializes in minimizing the risks of Business VISA denials and lengthy examination periods for foreign entrepreneurs in Japan. He was born in 1977 and spent 18 years as an investment banker at Mitsubishi UFJ Morgan Stanley Securities (a joint venture between MUFG and Morgan Stanley), advising over 500 entrepreneurs and executives of listed companies on business planning, financing, and capital strategies.

His expertise lies in immigration consulting for residence status procedures and financial consulting. His hobbies include attending Japanese idol concerts, watching Leonardo DiCaprio movies, and playing with cats.

Certifications and Memberships:

• Administrative Scrivener (Gyoseishoshi)
• Certified Member of the Securities Analysts Association of Japan
• CFP® (Certified Financial Planner – Japan Association for Financial Planners)
• Executive Officer, Minato Ward Chapter, Tokyo Administrative Scrivener Association