Looking for a second job? Precautions for working visa holders

photo by GotCredit

As you know, there are many foreign nations residing in Japan these days and many of them work for Japanese companies. Also, Majority of these foreign workers stay in Japan on working visas except for those who has permanent residency or other special arrangement. Basically working visa holders are allowed to engage in a job permitted under their visa. However, it is not difficult to understand that people wish to find a second job under this downturn of Japanese economy. But is it really ok for working visa holders to engage in a second job?

Permission to engage in activity other than that permitted for working visa holders

Except for permanent resident visa holders who has no restrictions, foreign residents basically cannot engage in any activities that are not permitted under their visa conditions. As for working visa holders, they will be penalized for illegal employment if they earn remuneration from any other activities that are not included in their visa conditions. If they wish to commit to an activity that is not included under the visa conditions, they must apply for “a permission to engage in an activity other than that permitted” and get granted. Note that a second job in the same area as their main job or second job I different areas that does not pay remuneration are not recognized as “an activity other than that permitted”.
For example, a person on “skills” visa teaches as a casual tutor in university is recognized as “an activity other than that permitted”. But if a “skills” visa holder study at a school as a student out of working hours, it is not recognized as “an activity other than that permitted”.

Application for Permission to engage in an activity other than that permitted

Applications for permission to engage in an activity other than that permitted can be made at a regional immigration office in your area. Comprehensive permissions (*) to engage in other activities is not to be granted for working visa holders, therefore they must present details in writing of planned activities they are going to engage in. Required documents for applications are as follows.

Application form
A document material that proves the intended activity as indicated on the application form
Residence card (or alien registration certificate deemed equivalent to a residence card) ※copy of residence card if agent submits the application form on behalf of the applicant
Passport ※if not available a document explaining the reason
A document that proves the status (if an agent submits the application form on behalf of the applicant)

*with comprehensive permissions to engage in activities other than that permitted, applicants do not have to renew permissions every time they change their employer. This type of permission is available to “student” visa holders, part of “cultural activities”, “family stays” and “designated activities” visa holders.

The assessment generally takes 2weeks to 2months. Applications are free of charge.

Criteria for permission to engage in an activity other than that permitted

Not apply only to working visa holders, there are criteria to be granted with permissions to engage in activities other than that permitted. Most importantly, the main activities permitted under their visas must not be interfered, or terminated by any additional activities. The followings are criteria for the permissions.

Activity other than that permitted will not interfere the activity permitted under current visa
The visa holder maintain and continue the activity permitted under current visa
The activity to be permitted is not a manual labor
The activity to be permitted does not fall into categories of adult entertainment business and illegal business, or offend public order and morals
The applicant maintain a good status as a resident

※Permissions will be valid until current visa expires once granted.

If engage in other activity without permission…

As previously mentioned, working visa holders may be subject to severe penalties such as forcible eviction for illegal employment, if they engage in unpermitted activities to earn remunerations. Once they are forced to evict from Japan, they are prohibited from entering Japan for next 5years.
In addition, engaging in any activities that interfere the main activity is not allowed even though the activity does not involve any remunerations. Also, activities permitted under each visa must be continuously accomplished. If visa holders fail to accomplish their main activities for more than 3months, their visas will be revoked and forced eviction will be exercised.

Summary

A working visa have many restrictions because of its nature that it is permitted under the condition that the holder fully engages in specific activity. It they violate this condition to earn remunerations, their visa might be subject to revocation. Make sure to apply for a “Permission to engage in an activity other than that permitted” before starting second job. Don’t forget a second job would be permitted on the condition that it does not interfere your main job!