This is the fifth in a series of articles from GVA Global LPC providing basic legal information to foreign companies and individuals planning to do business in Japan. This series of articles will highlight Japanese laws and regulations, which are central to their need to smoothen their business venture into the Japanese market. Our past article regarding the procedure to establish local companies in Japan indicated that there is no restriction for foreign entities to do so. However, for a director to be able to manage the company and reside in Japan physically, a Business Manager Visa is required.
Detail of the Business Manager Visa
A “Business Manager Visa” is a status of residence that a foreign national may obtain when they establish a business in Japan and manage it by themselves or when they manage a business based in Japan.
Only those who substantially participate in the management and administration of the business, such as company representatives, directors, corporate auditors, department managers, plant managers, and branch managers, could obtain a Business Manager Visa. It should be noted that a director not in charge of executing a business operation (e.g., perfunctory directors or part-time directors) may not apply for a Business Manager Visa.
Requirements for obtaining a Business Manager Visa
To obtain a Business Manager Visa, specific requirements need to be fulfilled. In general, there are three (3) major requirements that would be crucial for whether a visa will be granted or not. There are as follows:
Requirement | Specification |
|---|---|
Physical Presents | The physical location of the business must be located in Japan. If the business has not been commenced before the application of a visa, proof should be given that physical location has been secured in Japan. For example, office leasing agreement, utility bills etc. |
Scale of Business | The business conducted or to be conducted by the application must have a certain scale. The following matters are usually considered to the scale of the business: |
Skill of Applicant | An applicant shall have at least 3 years’ experience in the operation and/or management of businesses and shall receive compensation of the level not less than the compensation that a Japanese national would receive for similar work. |
The Periods of Stay for Business Manager Visa
A Business Manager Visa holder can legally conduct business within the ‘Period of Stay’ granted. A ‘Period of Stay’ is the period for which a Business Manager Visa holder is permitted to reside in Japan legally. There are 5 (five) types of the period that the Periods of Stay for Business Manager Visa may be granted, there are; five (5) years period, three (3) years period, one (1) year period, four (4) months period, or three (3) months period. The duration of the Period of Stay being granted for the Business Manager Visa shall be under the prerogative power of the Immigration Bureau of Japan. Renewal for the Business Manager Visa is permitted and should be made before the expiry date of the initial Period of Stay.
The advantages of the Business Manager Visa
Being granted a Business Manager Visa means that the holder is not restricted to a particular type of business; the holder of a Business Manager Visa would be allowed to engage in any business. Unlike other employment visas, after obtaining a Business Manager Visa, the holder will be permitted to start almost all kinds of businesses in Japan, legally permitted by Japanese laws. In this sense, the Business Manager Visa is a convenient residence status for a foreigner who intends to conduct business in Japan. In addition, a Business Manager Visa holder can invite a ‘domestic maid’ or ‘personal helper’ to come to Japan from abroad, subject to other requirements. This is one of the many preferential treatments usually not available for holders of different types of employment visas.
For reference purposes, the following is the list of documents that must be presented to apply for the Business Manager Visa.
List of Documents |
|---|
Certificate of Eligibility |
ID photo |
Copy of Passport or Residence Card |
Curriculum Vitae and supporting materials |
Certified copy of the registry of the corporate (in case if the registration has not been completed, the articles of incorporation |
Copy of the latest financial statements (profit and loss statement, balance sheet, statement of changes in shareholders’ equity, etc. if appliable.) |
Copy of the business plan |
Business brochures, product and service pamphlets, etc.; |
Copy of the lease agreement premises of the business |
List of full-time employees |
Photos (inside and outside) of the business’s site |
List of shareholders and investors |
Proof of the amount of investment (at least JPY 5 million, if appliable.); |
Statement of reasons for the application; |
It should be noted that the list prescribed above is considered to be of the minimum required, it is recommended that a legal consultant be consulted because the required documents vary depending on the applicant’s circumstances. The information provided in this article is merely for reference purposes. It is advisable to consult a legal professional to understand the best way to make your application smooth and successful.
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