
VISAS & RESIDENCY
An Overview of Major Statuses of Residence — What Types of Visas Are There?
http://www.immi-moj.go.jp/tetuduki/kanri/qaq5.pdf
As I wrote earlier, there are currently 29 statuses of residence, but there is not enough space here to explain every one of them, so I would like to cover the main ones.
In principle, statuses of residence rest on two main pillars: whether the person has studied the relevant technology or skills at a university or vocational school, and whether they have 10 or more years of experience in that field.
Therefore, a foreign national who has studied mechanical engineering or has more than 10 years of experience as an engineer can apply for a status of residence as an engineer, but they cannot apply for interpreter or other statuses of residence unless they can prove a background that matches that status beyond that experience.
・Engineer/Specialist in Humanities/International Services
Engineer/Specialist in Humanities/International Services is probably the most common status of residence. It covers technical roles such as engineers, occupations related to the humanities—fields such as law, economics, sociology, and other human sciences—and international work such as interpreting. It is often called the “Gijinkoku” visa, from the initials of the Japanese name.
Engineers, designers, and interpreters all fall under the same status of residence. In practice, however, when small and medium-sized enterprises try to hire foreign engineers, the work may sometimes involve on-site tasks.
This applies consistently across all statuses of residence: permission is not granted simply because there is a shortage of on-site workers. If someone is an engineer, other types of work are not permitted.
Most statuses of residence are granted based on academic background or the skills and expertise related to the work the person has performed. An engineer is therefore not permitted to perform other duties, and the same applies to interpreters. The basic stance for approving applications is that the work cannot be done without that particular foreign national.
When people hear “engineer,” most probably picture an IT engineer. In addition to software engineers, hardware technicians who manufacture electronic components can also be called engineers, but that work is closer to that of an electrician, and approval as an engineer may be difficult.
Even if someone is recognized as an engineer in another country, they may not be recognized as one in Japan. Whether the work in that field meets Japan’s status of residence requirements is, I believe, the most important point.
・Business Manager
The Business Manager status of residence is for executives and managers of companies and similar organizations. It covers activities of operating a trade or other business in Japan, or engaging in the management of such a business, and is the status required when a foreign national starts a business in Japan.
Because the activities take place in Japan, an address that serves as a base of operations in Japan is naturally required, and a company must be registered. It is possible for a foreign national to be assigned as president of a company originally run by Japanese nationals, but from the standpoint of the company’s transactional reliability, either capital of at least 5 million yen or at least two full-time Japanese employees is required.
When you consider the possibility that, after preparing capital, securing an office, and registering a company in order to start a business in Japan, this Business Manager status of residence might not be granted, the burden on the applicant is considerable.
In that sense as well, it is a high-hurdle status of residence.
・Highly Skilled Professional
This has an even higher hurdle than Business Manager. It is a status of residence for outstanding talent recognized by the state—activities that fall under the prescribed categories carried out by persons who meet the criteria set by Ministry of Justice ordinance as talent with advanced specialized abilities, and that are expected to contribute to academic research or economic development in Japan.
For highly skilled professionals, points are assigned for items such as academic background, work history, annual income, and research achievements, and an evaluation based on a points calculation is conducted for the category corresponding to the activities the applicant wishes to pursue.
Naturally, high-point talent receives preferential treatment in taxation and status of residence as well. The comparison may not be ideal, but it overlaps in feel with China’s Thousand Talents Plan.
・Spouse Visa
After Engineer/Specialist in Humanities/International Services, this spouse visa is probably the next most common.
If a foreign national marries a Japanese national and comes to live in Japan, one of the spouses is Japanese, so they can apply for the status of residence of Spouse or Child of Japanese National.
When a foreign national staying in Japan as a student or under another status of residence marries a Japanese national, only one status of residence is recognized. They could continue staying under the student or other status, but becoming the spouse of a Japanese national removes work restrictions and similar limitations, so changing to a spouse visa is more convenient.
However, because marriage is the condition for residence, if they have no other status of residence, divorce means they lose their status of residence.
There are many consultations from people who want to divorce over this issue but cannot because of their children, so I hope foreign nationals themselves will also be aware of this point.
・Skilled Labor Visa
In the case of the Skilled Labor visa, the example most often given is a cook—that is, a chef.
For Chinese cuisine, for example, there are many ramen specialty shops in Japan as well, so unless it is Chinese cuisine that Japanese people cannot prepare, one cannot obtain the Skilled Labor status of residence as a cook.
In other words, without proof such as having been engaged in Sichuan cuisine in China for 10 years, one cannot apply. When someone has worked at several establishments for training purposes, they must prove 10 years of employment, and I have heard that this is difficult in practice.
Besides cooks, dance instructors, sports instructors, sommeliers, and others also fall under this Skilled Labor visa, but they need proof such as placing in a dance contest, placing in an international sports competition, or placing in a sommelier competition.
Status-Based and Work-Based Statuses of Residence
For example, if a Japanese national and a foreign national marry and live in Japan, the foreign national can apply for status of residence as the spouse of a Japanese national.
In addition, permanent residency, which can be obtained by residing in Japan for a long period, paying taxes and pension contributions without delay, and living without committing crimes, and naturalization to become a Japanese national—though naturalization is not a status of residence—are distinguished from other work-based statuses of residence. With these status-based statuses of residence, the same rights and obligations as Japanese nationals are recognized except for voting rights.
The basic idea behind statuses of residence for foreign nationals in Japan is not to hire people for work that Japanese people can also do, but to employ outstanding talent that only that foreign national can provide, or to accept them for Japan’s development. In that sense, I believe they differ from technical intern trainees and the newly established Specified Skilled Worker (though Specified Skilled Worker and technical intern trainees are also types of status of residence).
I hope this has helped you understand statuses of residence even a little.
