Understanding Work Visa Regulations for Second Jobs in Japan

Navigating the Complexities: Second Jobs for Different Visa Categories in Japan

If you are a foreigner with a so-called work visa and you want to work a second job outside the company, it is actually more complicated than you might think.

Firstly, if you are on a permanent resident visa or have a Spouse of Japanese visa, congratulations! You have no visa problems if you work a second job. The problem will probably be whether your current company that prohibits you from working on the side will find out, and tax issues.

If you are a foreign student or a Dependent visa holder, your second job, or rather your part-time job, will require you to obtain a Permit to Engage in Activity other than that permitted under the Status of Residence. This is also well known for general hourly part-time work. It is allowed as long as it does not exceed 28 hours in a week. If you are starting your own business or cannot track your pay by the hour, it gets a little more complicated, but this is not the main topic of this article and should be discussed individually.

Specifics for ‘Engineer/Specialist in Humanities/International Services’ Visa Holders: Understanding Permissible Second Jobs

Let’s move on to the main topic. You are a foreigner with a work visa.

What if you have an “Engineer/Specialist in humanities/International Services” visa? For example, you are employed as an IT engineer at Company A, but you are allowed to conclude an outsourcing contract (service agreement) with Company B and work as the same IT engineer. In this case, you do not need to change your “Engineer/Specialist in humanities/International Services” visa. All that is required is notification under the Immigration Act and the contract period. The point of this is that only occupations that are within the scope of the same “Engineer/Specialist in humanities/International Services” work visa are permitted as a second job. In the example above, this was not a problem as it was the same IT engineering job. So what about cases like this? For example, you will be a teacher of IT engineering at company B and give lectures. This seems OK because the content is somewhat similar. Now what about the case where you are a language teacher of your mother tongue and give lectures? This is a completely different job description. However, this is also within the scope of the “Engineer/Specialist in humanities/International Services” visa and would therefore be considered acceptable. However, care must be taken with the contracting party. If the contractor is a secondary school, it is within the scope of the “Instructor” visa and deviates from the “Engineer/Specialist in humanities/International Services” work visa. This means that a visa procedure is required. Similarly, working in a restaurant is clearly outside the scope of the “Engineer/Specialist in humanities/International Services” work visa, so it is not permitted and you will not be able to work no matter how you process your visa.

Thus, if you do not know exactly what kind of work each visa allows you to do, you will not know what procedures to follow.

Highly Skilled Professional Visa Constraints: Exploring Options for Second Employment in Japan

In this sense, it is important to note that Highly Skilled Professional (HSP) visa holders are often unaware that the HSP visa is the visa that specifies the name of the company they can work for and is the most limited visa in terms of permitted work. Once again, look at the piece of paper called the “Designation Form”, which is stapled to your passport. Recognise that you can only work for the companies listed there. This means that if you had an “Engineer/Specialist in humanities/International Services” work visa, you could engage in a second job without having to change your visa if the work was exactly the same or, although difficult to determine, within the scope of your “Engineer/Specialist in humanities/International Services” visa, but if you only have an HSP visa and want to work second jobs, you will always have to go through the visa process. This means that if you only have an HSP visa and want to work on the side, you must go through the visa process.

And there are three possible ways for HSP visa holders to achieve a second job. The first is to have the company of the second job added to the designation (visa amendment). The second is to have the second job recognised as permission to engage in activities other than those permitted under the status of residence. The third and final option is to set up your own company and undertake business as a company legal entity.

Option 1 for HSP Visa Holders: Adding a Second Job to Your Visa Designation

The first case, where the company with a second job is also added to the designation form (visa modification), is explained below. This is best suited for highly skilled professional foreign personnel who, as mentioned above, are employed as IT engineers in Company A, but who sign an outsourcing contract with Company B and work as IT engineers in the same company. This is a good option if you want to work in two companies, Company A and Company B, on a somewhat long-term basis. The advantage of this method is that you can combine your income from Company A and Company B to get points for the annual income item in the HSP points calculation table: if you have an annual income of JPY 5 million at Company A and JPY 4 million at Company B, you will have a total of JPY 9 million points. However, you will need to apply for a change from your current Company A-only HSP visa to a Company A + Company B HSP visa. This will require documentation from both Company A and Company B. If you also want to sign a contract with Company C in the future, you will need to change your visa further. This would be a disadvantage. Also, if the contracting company is not located in Japan, this method is not feasible. In other words, this method is not suitable for freelancers.

Option 2 for HSP Visa Holders: Gaining Permission for Activities Outside Your Qualification

Second, we will also discuss the case where a second job is recognised as a permit to engage in activities outside the scope of your qualification. If your main job at Company A is stable and long-term, but your second job at Company B is a one-off contract for three months, for example, and you are only temporarily working there, it is a good idea to apply to the Immigration Bureau for the contract with Company B as a permission to engage in activities outside the scope of your qualification. Also, if the same job is not as an IT engineer, but as a Sole proprietorship, it is also suitable for a Permit to Engage in Activity outside the Status of Residence. This means that it is also suitable for freelancers, which could not be achieved in the first case. For example, the following examples could be considered;

• If you want to generate income as a consultant using your previous knowledge.
• If you are an IT engineer but engage in trade with your home country on a small scale.
• If you don’t have a contract with Company B but register on platforms such as Lancers, Crowdworks or Coconala to sell your skills.
• Selling your lectures on platforms such as Udemy.

These types of work would be recognised as a category of individual permissions under the Permit to Engage in Activities Outside the Status of Residence. Here, too, you have to apply for an individual permit to engage in extra-qualified activities for each of the side activities you perform.

Option 3 for HSP Visa Holders: Establishing Your Own Company for Diverse Business Activities

The third and final category, setting up your own company and undertaking business as a company legal entity, is explained below: one of the preferences of the HSP visa is that you are allowed to start your own company. However, this must be a business related to your core nature of work. You are allowed to set up your own company, represent yourself, and enter into consulting contracts with clients to generate business income. The advantage of this method is that no visa formalities are required. The disadvantage is that the company formation procedure is expensive and time-consuming. This method is suitable if you are not limited to one side business and can generate side income from several. In essence, your legal entity will take on all your freelance activities as a business.

Conclusion

I forgot to mention one more important thing!

Your second job, when granted as a Permit to Engage in Activity outside the Status of Residence, must not exceed your main job. In other words, if your annual income from your main job is only 4 million yen, no matter how much less time you spend at your second job than at your main job, your annual income from your second job cannot be 5 million yen, due to the legal meaning of the Permit to Engage in Activity outside the Status of Residence.

The above explains what happens when an HSP visa holder wants to have a second job in Japan in addition to his or her main job. It may have been very complicated and difficult to understand. Highly-skilled foreigners are all very talented people, so there are often cases where they have lots of opportunities but cannot realise them due to visa restrictions, or they become illegal before they know it. To avoid such disappointments, please contact a visa specialist as soon as possible.

Contact us!

It is recommended to make a few appointments beforestarting a second job to minimize the expenses and speak with a Gyouseishoshi Immigration Lawyer specialized in the visa application. Our firm is happy to give you some tips to get you a work visa more easily. Feel free to reach out to us.

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