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Why It Is Important to Determine the likelihood of Approval for “Business Manager” visas in Advance: The Risk of Rejection

Eligible individuals for “Business Manager” Visa are those who hold an executive position and substantially engage in management activities

Point 1: Depending on scale of the company, only one person may be approved

Point 2: For “Management” roles, investment status is also a key factor

Conclusion: Requirements for “Business Manager” visa

We recommend Consulting Immigration Lawyers for concerns regarding “Business Manager” visa

Why It Is Important to Determine the likelihood of Approval for “Business Manager” visas in Advance: The Risk of Rejection

“Business Manager” visa for foreign executives and managers encompasses diverse categories and is complex.

Submitting an application without understanding this, it may be rejected even after more than six months of review. At Tanishima Legal Corporation, if we cannot propose a realistic plan based on the actual scale and duties to significantly increase the initial likelihood of approval, we may recommend pursuing a different visa category instead of “Business Manager” visa. The reason is the high risk of rejection or prolonged processing.

We often receive inquiries considering a “Business Manager” visa in situations such as: “I plan to become an officer of a newly established company but am not the representative,” or “I am being assigned to a Japanese branch office as an executive officer of an overseas corporation, but there is no representative in Japan.” They ask whether approval is possible even if they are not the representative.

To answer directly: A “Business Manager” visa can be granted even if you are not the representative (or equivalent representative member). However, approval can be difficult depending on the applicant's duties, investment, the company's structure, scale, or specific circumstances. Therefore, several key points must be addressed to secure the visa approval.

Based on the “Guidelines for Residence Status Examination” (an administrative document operated by the Immigration Services Agency), we will explain in detail the conditions for non-representative officers to obtain a “Business Manager” Visa.

Eligible individuals for “Business Manager” Visa are those who hold an executive position and substantially engage in management activities

“Guidelines for Residence Status Examination” state the following regarding eligible individuals for “Business Manager” visa:

“Activities involving the management of trade or other businesses in Japan, or engaging in the management of such businesses.”

It is explicitly stated that individuals performing these activities include not only officers such as the representative, directors and auditors, but also those holding important positions in the management or administration of the business, such as factory managers and department heads.

In other words, the key point of examination is not merely the title or position name, but whether the individual is substantially involved in the management or administration of the business.

As a prerequisite, it is interpreted that a position title is necessary. Even if someone is a de facto manager, if they were intentionally designated as a “regular employee” for some reason, the likelihood of approval becomes very low. Without explanation, it would not be convincing. Typically, the position title accompanies the actual duties, so both requirements can be understood as interdependent.

Point 1: Depending on scale of the company, only one person may be approved

While officers other than the representative are generally eligible, scale of the company is a critical consideration.

Particularly for newly established small companies, it may be difficult to provide a reasonable explanation for the necessity of multiple executives or managers. For example, if a company with only a few employees has multiple foreigners applying for “Business Manager” visas in positions like director or department head alongside the representative, the Immigration Bureau may question, “Is the business scale truly large enough to require multiple managers?”

Consequently, it is not uncommon for applications from individuals other than the representative to face prolonged review periods or rejection, as the immigration bureau may determine that “from the perspective of business scale, one representative is sufficient for management.”

Point 2: For “Management” roles, investment status is also a key factor

Business Manager visas can be broadly divided into those for "management" and those for "administration".

If a foreign national applying for a visa is in a position to "management" a business through investment (e.g., as a founder), the Guideline state that it is also considered whether the applicant has made a significant investment.

The fact that you have invested is important proof that you are committed to the business and that you are a substantial manager. Therefore, when a non-representative director applies for a visa as a "manager", the investor aspect tends to be given more weight in the screening process.

Conclusion: Requirements for “Business Manager” visa

Based on the above, whether directors other than the representative are eligible to obtain a “Business Manager” visa is determined by a comprehensive review of factors such as:

• Whether the duties they are responsible for are essential to the management and administration of the business (substantiality)
• Whether the company's business scale requires multiple managers and administrators (rationality)
• (In the case of company managers) Whether they have made a reasonable investment in the business

Simply having the title of "director" will not suffice to obtain permission. When applying, you must convincingly prove these points with objective documents.

We recommend Consulting Immigration Lawyers for concerns regarding “Business Manager” visa

[Risk] Applying without Careful Consideration Is risky

Compared to other working visas, the review process for a Business Manager visa is particularly strict, requiring expert judgment. Applicants must provide sufficient evidence to convince the immigration bureau of the rationality of their business plan and the appropriateness of their job duties. If you proceed with your application carelessly, thinking, "I'm an executive, so it'll be fine," you risk unexpected rejection.

Furthermore, once your application has been rejected, the hurdles to reapplication will be significantly higher.

If you are unsure whether you can obtain, change, or renew your visa in your case, or if you want to thoroughly prepare your application, please contact Tanishima Legal Corporation, which has ample experience in applying for business manager visas. We will carefully listen to the situation of each client and propose the optimal plan to maximize the chances of approval. The first consultation is free. Please feel free to contact us.