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2024年06月18日 コラム

Business Manager Visa (Residence Status)

Business Manager Visa (Residence Status)

This page provides a detailed explanation of the “Business Manager Visa” for executives, managers, entrepreneurs, managers and human resources personnel. In addition, examples of  specific businesses, start-up special zones, on-site work, and highly specialized jobs are discussed.

 

©Ryoji Tanishima (FromTanishima Legal Corporation)
E-mail: tani@tanishima.biz

 

  

What is “Management and Administration” in

Terms of Business Manager Visa

The “Business Manager” status of residence refers to activities by foreigners engaged in the management and

administration of trade or other businesses in Japan. Specifically, it applies to foreign managers (presidents,

CEOs, etc.) and managers (general managers, factory managers, or other managers of medium-sized

companies or larg er). The basis for this is Schedule 1- 2 of the Immig ration Control and Refug ee Recog nition Act, which clearly states that the activities are related to business manag ement and administration.

Types: • Management : Management of a business run by a foreign manager (president, CEO, etc.)

  • Administration : Managing the business conducted by foreign managers
  • (general managers, factory managers, )
  • The business manager status of residence is also called a “business visa” and covers

covers activities in accordance with laws and regulations.

 

 

 

Management and Administration: Assignment Types and Planning

In principle, a “Business Manager” visa is required to carry out business activities as activities as a manager or administrator. However, in practice, even simple clauses simple clauses have various types and interpretations, making it not easy. It is

easy. It is important to find common principles and exceptions from many different many different cases and to understand and respond appropriately. Otherwise, Otherwise, there is a risk of denial of permission or delay in review due to incorrect to incorrect operation by immigration officials. Gyoseishoshi lawyers have to face to

have to face to take appropriate leadership to protect the interests of your clients Pyoleuarseclineonttes wthhaitleacbteivinitgiecsaurenfduel rntohteto”Ldaiwsr/uApctcyoouunrtionwg”nvcisoamapraeneyx’csloupdeerda,taionndsa. re fouprethraetriocnaste. gorized into various types. Details of these will be explained in the next chapter.

 

 

 

 

Principles and Exceptions for Visa Applications

 

Principle: Application for management

and administration

In principle, if you are a business owner or

manager, you should apply for a “Business Manager” residence status. However, please note that in some cases, applying for a different type of residence status may be more appropriate.

Exception B: Advanced Professional Type-1-C (Ha) also Considered

Since it may be difficult to obtain a “Business

Manager” status within five years, it is important to also consider the “Advanced Professional No. Type-1 -C(Ha)” status of residence as an option.

Exception A: Law and accounting should be changed to “Law and accounting”

If you are a professional such as a lawyer or

accountant, you should apply for a “Legal/Accounting” residence status rather than a “Business Manager” status.

Exception C: Technical/Humanities/International Services

For promotion to a management position or for a small business, the “Engineer/Specialist in Humanities/International Services” residence status may be suggested.

 

 

 

What is a Managerial Position/Activity?

A manager is someone who is in a position to deal with the complexities of business and produce results. Managers have obligations, whereas leaders are primarily driven by hard work. Examples of typical managers include division managers, factory managers, and supervisors.

 

When applying for a managerial residence status, the question of whether or not you are able to engage in “business management” activities, which include on-site work, can arise. The Immigration Bureau has not given a clear opinion, but the key phrase is “part of the main activities.” Also, even if you are only in the investment stage or have not yet started a business, there are exceptional cases where you can obtain “business management” status if you can prove that you will be a future manager.

 

 

Permission requirements: Educational and Work History

 

No educational requirements

There are no special educational requirements for the “Business Manager” visa. In other words, even if you do not have a university degree or a professional qualification, you can apply as long as you have experience as a manager or administrator. This is a major difference from other work visas.

Work Experience Requirements

However, in the case of “management”, you need more than three years of work experience. On the other hand, there is no work experience requirement for “business management”. In other words, a major advantage of “business management” is that entrepreneurs and self- employed people can also apply.

 

 

 

 

 

 

Visa requirements: The Office and Business establishment

 Proof of business establishment is essential to obtain the status of residence of “Business Manager”. Specifically, it is necessary to prove that the office space and the right to use it are properly secured. This is a requirement clearly stated in the Enforcement Regulations of the Immigration Control and Refugee Recognition Act.

The status of the business premises must be explained through drawings, photographs and documents. In the case of a shared office, the general rule is to secure an independent section. It is important to prepare the appropriate supporting documents and meet the requirements.

 

 

 

Visa requirements based on business size: 5 million yen or Employment

 

Capital Requirements

To obtain the “Business Manager” status of residence, you must prove that your capital is 5 million yen or more. This requirement is a feature that differs from other work visas.

Employment Requirements

Also, if there are two or more full- time Japanese employees, you can obtain a “business manager” status of residence. However, short-term employment or work-visa holders do not meet the requirements.

Combination of both requirements

It is sufficient to meet either the capital requirement or the employment requirement, but in some exceptions, it is necessary to combine the two. It is important to carefully prove that you meet the appropriate requirements.

 

 

Advantages and Disadvantages of Hiring a Gyoseishoshi (Immigration) Lawyer

 

 

Merit

Many documents are required for the “Business Manager” status of residence, and there is a risk that the application will be rejected if the requirements are not fully met. By entrusting the application to an experienced Gyoseishoshi (immigration) lawyers , you can leave the preparation of documents and the scrutiny of requirements to them, and concentrate on your original business. In addition, depending on the Gyoseishoshi (immigration) lawyer’s know-how and system, cost performance can also be improved.

 

Demerit

On the other hand, the service level of Gyoseishoshi (immigration) lawyers varies, and in some cases it depends on the individual. It is necessary to thoroughly compare and consider things like support for creating business plans, ability to handle special cases, pricing, etc. In addition, if you are outsourcing the application process, it is important to establish a smooth progress management and communication system.

 

Points to consider when selecting a Gyoseishoshi (immigration) laywer

  • A wide range of services and

flexible response

  • High organizational structure and

expertise

  • Fair compensation levels and

cost performance

 

  • Ability to handle matters related to status of residence other than Business manager

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この記事の監修者

谷島亮士
谷島亮士
谷島行政書士法人グループCEO・特定行政書士
・外国人ビザ及び建設業等許認可の手続ならびにコンプライアンスアドバイザリーの実績多数。弁護士等からの依頼も対応。

 - 資格等
特定行政書士、宅建士、アメリカMBA・TOEIC、中国語(HSK2級)他

- 略歴等
・札幌生まれ、仙台育ち、18歳から東京の大学へ進学。
・自身が10代から15種ほどの職種を経験したことから、事業のコンサルと経営に興味を持ち、その近道と考え行政書士受験、独学合格(合格率2.6%)。
・行政書士・司法書士合同事務所を経験後、大和ハウス工業㈱に入社。「泥くさい地域密着営業」を経験。
・独立し業務歴15年以上、マサチューセッツ州立大学(大学院)MBA課程修了、現在に至る。

- 取引先、業務対応実績一部
・外国上場企業などグローバル企業、日本上場企業
・学校、大手法律事務所など弁護士他士業との連携多数
・個人:芸能人等(有名プロデューサーアイドルグループ、ハリウッドセレブ)、漫画家他
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