Table of Contents

– Q. Does repeatedly traveling to Japan as a "Temporary Visitor" under the short-term business category for business trips from a Taiwanese company constitute illegal employment?

The relationship between service provision activities and reward is crucial

The legality of not paying reward from a Japanese company
Whether the reward is for secondary activities

When paying reward for secondary activities
Common misconception: Is a work visa unnecessary if reward is paid from the home country?

Landing refusal based on days vs. landing refusal due to suspected work activities

Consult a specialized administrative scrivener regarding professional judgments under the Immigration Control Act

 – Q. Does repeatedly traveling to Japan as a "Temporary Visitor" under the short-term business category for business trips from a Taiwanese company constitute illegal employment?

1. If services are provided during the business trip under the short-term business category and the reward for them is paid, it could be illegal. The foreign national may be charged with violating the status of residence, and the company may be charged with aiding and abetting illegal employment.

 The key point here is that receiving reward for the primary activities itself constitutes a violation.

 However, even secondary activities can sometimes constitute a violation of activities.

 Furthermore, even if it does not constitute unauthorized activities under "Temporary Visitor" visa, individuals such as students may be subject to deportation for " violation of activities outside the scope of status of residence."

 As outlined above, attention must be paid to both criminal penalties and administrative sanctions.

 The relationship between service provision activities and reward is crucial

 Payment of reward by a company for services provided by the foreign national in Japan constitutes the crime of unauthorized employment. This results in illegal employment.

 In other words, receiving income or reward for activities is a statutory element constituting "violation of activities outside the scope of status of residence" and is clearly prohibited during short-term stays.

 Regarding this point, since the Immigration Control Act is Japanese law, it is sometimes said that receiving payment from a foreign company would not apply. This is called territoriality, but is that really the case?

 The legality of not paying reward from a Japanese company

 More important than whether payment comes from a Japanese or foreign corporation is whether the reward arises from the "primary" or "secondary" activities related to the foreign national's service provision. This is based on the Guidelines for Residence Status Examination. Specifically, reward may be received for the primary activities when it involves "secondary work" that is "completed within a short period" as part of the main business of the home country corporation. This clearly represents a highly restrictive standard for employment activities.

 Therefore, it is crucial to be mindful of this and ensure that any short-term activities are completed legally solely as part of the primary activities, while fundamentally not receiving reward for activities in Japan.

 Even in situations like refusal of landing, immigration officers are obligated to follow this principle. Thus, if an incorrect determination is made, this serves as a valuable argument and supporting documentation.

 Whether the reward is for secondary activities

 It is generally permissible to pay reward comprehensively for secondary activities.

 For example, when traveling on business as part of management activities in one's home country, it is less likely to constitute illegal employment, especially if no salary is paid specifically as reward for those activities.

 When paying reward for secondary activities

 If the Japan business trip is as secondary activities, paying separate reward for it is highly likely to constitute illegal employment.

 It goes without saying that a work visa is required for primary activities.

 Common misconception: Is a work visa unnecessary if reward is paid from the home country?

 Whether reward is paid from the home country is not a method to avoid violations.

 For example, a famous Korean group that repeatedly held concerts in Japan as "Temporary Visitor," without obtaining the "Entertainer" visa was ultimately found to be in violation.

 Landing refusal based on days vs. landing refusal due to suspected work activities

 Some foreigners believe that " Temporary Visitor" visas are safe as long as they don't exceed the 180-day annual stay limit. However, being rejected entry based on the number of days spent in Japan and being rejected entry due to suspicion of unauthorized employment during the stay are related but distinct issues.

 If an immigration officer who has confirmed your history of multiple short-term entries rejects your entry, it will significantly impact your future entries.

 Immigration Services Agency: Regarding Landings Denied to Foreign Nationals in 2024 (Statistical Data),

https://www.moj.go.jp/isa/08_00055.html

 Translation: Tanishima Legal Corporation

 Consult a specialized immigration lawyer regarding professional judgments under the Immigration Control Act

 Violations of activities outside the scope of status of residence or facilitating illegal employment may not result in criminal penalties, but they can lead to administrative penalties, such as rejection of application in the future or deportation.

 While it can be challenging to weigh the risks and rewards of determining whether to pursue appropriate residency applications based on such activities, the Tanishima Legal Group provides lawful consulting services.

 We also offer a comprehensive foreign worker employment advisory plan for cases where such situations frequently arise. Please feel free to contact us at.