Outline of Investor / Business Manager Visa
This status is for the activities (1) to commence an operation of a business in Japan by making a certain amount of investment or (2) to invest in the existing business in Japan and to operate or manage that business or (3) to operate or manage the business on behalf of the foreign investor (e.g. parent company). In addition, this status also covers those who are (4) engaged in management work of the company with foreign capital as senior managers.
Activities
This is the visa for foreign nationals (1) who invest, start and operate business in Japan and (2) who operate and manage business in Japan.
Period of Stay
1 or 3 years or 5years
Requirements
(1) You already have a place of business in Japan. (Short-term rental space or mobile office not acceptable.)
(2) Your company has more than 2 full-time employees who are Japanese or legal residents in Japan or have an investment in the business of at least 5 million yen.
(3) You have more than 3 years of experience in business management and will be paid more than what a Japanese, if hired for the same position, would gets paid for.
Materials
(1) In the case where the alien intends to commence the operation of international trade or other business or to invest in international trade or other business and to operate that business:
a. Business plan, a certificate of matters entered in the registry of the company or juridical person and a copy of the profit and loss statement.
b. Material certifying the total number of full-time employees except for the alien and, where the number is two, a document relating to the payment of wages to them and copies of their residential certificates or alien registration certificates.
c. Material certifying the outline of the business office.
d. Material certifying the amount of investment made by the alien.
(2) In the case where the alien intends to operate international trade or other business on behalf of the aliens who have begun such an operation or have invested in such a business:
a. Business plan, a certificate of matters entered in the registry of the company or juridical person and a copy of the profit and loss statement.
b. Material certifying the total number of full-time employees except for the alien and, where the number is two, a document relating to the payment of wages to them and copies of their residential certificates or alien registration certificates.
c. Material certifying the outline of the business office.
d. Document certifying the contents and period of the activities and the alien’s position and reward.
(3) In the case where the alien intends to manage international trade or other business commenced or invested in Japan or to manage international trade or other business on behalf of the aliens who have begun such an operation or have invested in such a business:
a. Business plan, a certificate of matters entered in the registry of the company or juridical person and a copy of the profit and loss statement.
b. Material certifying the total number of full-time employees except for the alien and, where the number is two, a document relating to the payment of wages to them and copies of their residential certificates or alien registration certificates.
c. Material certifying the outline of the business office.
d. Document certifying the alien’s career and a certificate pertaining to the period during which the alien majored in operation or management in a graduate school.
e. Document certifying the contents and period of the activities and the alien’s position and reward.
Frontier International Legal Services will assist you to achieve your goal in the fastest and easiest way.
We will guide you through whole process of business start-ups and visa procedures in Japan.
Our service package will include following services:
● Consultation and email communication (no limit)
● Set up timetable, to-do list according to the intended business
● Provide tips and support to collect/prepare required documentation
● Translation of essential materials (English to Japanese, and vise versa)
● Assist to determine key elements or matters upon incorporation
● Company establishment (registration duties are handled by judicial scrivener) (*)
● Obtain necessary business licenses and permits (*)
● Finalize business plan with projected financial figures
● Notifications to tax office (*)
● Statement letter for the immigration office
● Filing visa application at the immigration office
(*) Subject to relative fees and remuneration. When necessary, we will refer you to an expert of the area.
Note : Applicable services may vary depending on the circumstances and/or the type of the business. Please ask for more details at the initial consultation.
If you are interested in applying for investor visa or manager visa, please contact us for further information.
FAQs for acquiring for Investor/Manager visa in Japan
Our firm has received over 1000 queries regarding the Business Manager Visa application in Japan from many foreign executives.
We arranged frequently asked questions among them as Q&A regarding the Business Manager Visa application so please kindly use them as reference.
Q. What working visa is required in order to establish a company and manage it in Japan?
A. Generally, we apply for “Business Manager Visa’.
Q. Then, how long is the period of examination after applying for “Business Manager Visa’?
A. It normally takes 2 to 3 months. But, it could be longer depending on the situations.
Q. Is there a case that the Business Manager Visa will be approved when the person does not newly establish a company, but becomes a business partner of a company that a friend manages?
A. Yes, it could be approved when the person becomes a manager of an existing company.
The activities that are approved by obtaining the residence qualification of “Business Manager” are not only newly starting a business in Japan.
It is also approved such as when becoming a manager as a replacement of the past manager by buying a company through M&A or additionally joining an existing company as a manager.
Q. Is establishment of a company required for obtaining the Business Manager Visa?
A. The establishment of a company is not necessarily required for the Visa application. We could also obtain the Visa for the sole proprietorship without establishing a company if there is a store or an office. However, in many cases, it is easier to have the visa issued when you establish a company so we recommend establishing a company.
Q. I don’t have any experiences for managing a company, but is it possible for me to obtain the Business Manager Visa in Japan?
A. Even if you don’t have any experiences in company management, you will be able to obtain the Business Manager Visa if you have the necessary knowledge of company management and if you can create the convincing business plan seeing through the Immigration Bureau staff.
However, the examination of judging to see if you have the capacity as a manager and if they can expect the stable, continuous management will be more strict than usual.
Q. Applying for the Business Manager Visa takes time and is also troublesome. Can’t I enter Japan with a Short Term Visa for business without obtaining the Business Manager Visa and manage a company?
A. If you are going to receive remuneration from Japanese company, entering Japan with a Short Term Visa is illegal. It is the same for people who have short term Multi-Visa.
There actually is a Short Term Visa for business so it is easily misunderstood that it would be no problem if it is short term operation.
However, when you become a manager of Japanese company and receive remuneration, you will be doing the activities of “Business Manager Visa” so even if you are entering Japan for a meeting or business contact, it is illegal if you don’t enter Japan without obtaining the Business Manager Visa.
In the information on the internet, you can see some descriptions saying as if you can enter Japan with a Short Term Visa if it is for the meeting purposes even though you become an executive of Japanese corporation and receive remuneration, but this is wrong so please be careful.
Q. Will a Chief Director and a Director of an incorporated nonprofit organization be subject to the Business Manager Visa?
A. Yes, a Chief Director and a Director of an incorporated nonprofit organization will be subject to the Business Manager Visa. The operations approved by the Business Manager Visa don’t have to be a business of a stock company or limited liability company for commercial purposes. Such as a Director of a general incorporated association or public interest incorporated association could also be approved.
However, for an incorporated nonprofit organization, you will need to properly show the stability and continuity of management since the management foundation is weak in many cases.
Q. How much capital fund will be needed for obtaining the Business Manager Visa? I heard that more than 1 yen of capital fund will be fine in corporation law in Japan, but will the Visa be approved if the company is established by 1 yen?
A. Basically, more than 5 million yen of capital fund is needed so let’s think of 5 million yen as one of guides and assess how much capital fund will be needed depending on the business contents.
For example, if it’s a small scale trading business, we generally do not need that much capital fund, if it’s a restaurant and will manage a large store, we will need a certain amount of capital fund.
Also, this is something we would like you to know, but there are even almost no Japanese people who actually establish by 1 yen.
Since the capital fund is the money that will be the working capital at the time a company is established, if this amount is small, it will also lead the partner companies to feel anxious about the future operation of your company.
Especially for the examination of the Business Manager Visa, “the continuity of business” will be one of the points.
Therefore, we think we will need to invest a certain amount of capital fund that will not let the examiner of the immigration bureau to have a doubt of if it would really be possible to run a business with only this amount of capital fund in relation with the business plan.
Q. I understood that we need more than 5 million yen of capital fund, but can the capital fund be a loan?
A. It’s not illegal to make the investment of capital fund by a loan. However, please avoid making a loan as the investment of capital fund as possible and prepare your own fund.
It’s because when it’s a loan, we will need too many documents such as the document to prove from whom and for what kind of purpose you had a loan.
For example, when the capital fund is a loan, we need to include a rational repayment schedule in the business plan to submit for the application of the Business Manager Visa so there will be more documents and explanations for that.
Q．I heard that we have to hire 2 full-time employees when we apply for the Business Manager Visa in Japan, but is it true?
A. As one of the conditions of the Business Manager Visa, there is “more than 5 million yen of investment” or “hiring more than 2 full-time Japanese, a spouse of Japanese, a permanent resident, a long-term resident employees etc”.
There are many misunderstanding of this point, but it is enough when either of “more than 5 million yen of investment” or “hiring more than 2 full-time Japanese, a spouse of Japanese, a permanent resident, a long-term resident employees etc” is cleared and it is not “more than 5 million yen of investment” and “hiring more than 2 full-time Japanese, a spouse of Japanese, a permanent resident, a long-term resident employees etc”.
Therefore, if you are investing more than 5 million yen, it’s not necessary to hire an employee.
Actually, it will generally be advantageous in the examination if you have more than 5 million yen of investment and hiring more than 2 full-time employees.
Q. Can several people obtain the Business Manager Visas in a same company at the same time?
A. There are some cases that can obtain the Business Manager Visas so it is case by case, but we basically cannot recommend since there will be higher degrees of difficulty.
In the case when it is the same company, it also depends on the scale of that company’s business if the multiple directors will be subject to the Business Manager Visa.
For example, if it is a large company, there are enough possibilities to be able to obtain the Business Manager Visas for 2 directors at the same time as directors.
However, we do not recommend applying for the Business Manager Visas for 2 directors at the same time from the beginning of the establishment if the amount of capital fund is small and building up a small scale trading company.
Is this case, the points to be considered are such as 1) the scale or volume of the business, 2) the business role and 3) if the one receives the remuneration or not.
It will not be disapproved only from the number of people point of view at the immigration bureau, but it is certain that the degree of difficulty for the application will rise so please consult with the specialized administrative scrivener.
Q. Is it no good to have the virtual office using for the Business Manager Visa?
A. The office for the Business Manager Visa must actually exist so the virtual office will not be approved.
When Japanese people establish companies, there some cases to register the virtual offices as locations of the head offices.
However, in order to obtain the Business Manager Visa, the actual condition needs to be confirmed and that place of business need to “occupy a section”.
Therefore, if it’s the virtual office, it will not be approved. But, if it’s the SOHO office, there is a case that the office “occupies a section” so it is open to approval depending on the form of the office.
Q. Is it possible to apply for the Business Manager Visa having a home as an office since it feels wasteful to pay the rent of the office?
A. It is not impossible to apply for the Business Manager Visa having a home as an office. But, the degree of difficulty will rise so we cannot recommend.
In the case of having a home as an office, mainly the following 5 points will be checked.
1) The lender approves its use for other than the residence purposes.
2) If the subtenant is a corporation body, there is an agreement of the lender and lessee.
3) The corporation body has a room with equipments etc to do a business occupied for business purpose.
4) The payments of the common use cost such as the public utility charges are clearly arranged.
5) Posting a social sigh similar to a signboard.
When it is a home, in many cases, it is not easy to clear 3) for dividing the private part and the space occupied for the business purpose.
Also, regarding a signboard in 5), there are cases that you cannot post it in a residential building.
Therefore, in order not to have extra non-approval risks, we think it is better to avoid having a home as an office as possible.
Q. I am thinking of doing business for the entertainment and amusement trades by the Business Manager Visa, but is it possible? Are there any limitations for the industries being subject to the Business Manager Visa?
A. There is no limitation for the industries being subject to the Business Manager Visa. The same as when Japanese people established, any operations could be approved as a subject of the Business Manager Visa except for the ones that are illegal in Japan. However, for the entertainment and amusement trades, you will need to obtain an approval of the entertainment and amusement trades depending on the industry type.
You will need to be careful since you will need an approval from a health care center when you are doing restaurant business and there are industries you will need separate approvals and licenses in order to do that operation and others.
Q. Can an owner of a restaurant who obtained the Business Manager Visa do the site operations such as dishwashing or waiting on customers?
A. The site operations are not impossible even with the Business Manager Visa if it is essential for the job performance as a manager. But, the immigration bureau take it as “unfavorable activity” so this point could be a problem when you renew.
We can clearly say here that the site operations must not be “the main activity”.
For example, though not quite satisfactorily, an owner of a company running a restaurant could go out to the store floor and wait on customers.
However, the company’s business management activity needs to be the main activity of that person and waiting on customers must not be the main activity so it will be considered as doing an activity other than the approved status and be illegal if you spend most of the work time in the site operations.
Q. Living in a hotel does not need the deposit or the key money and the cost is cheaper and economical so is it possible not to rent a residence by a rental property and use the address of the hotel and live in Japan?
A. Some Chinese owners move around in Japan so they don’t purchase or rent residences and wish to live in the hotels.
And since the Business Manager Visa is also approved for foreign people living overseas, you might think living in a hotel would not be a problem as long as you have the address.
However, in the present system, living in a hotel is not approved. Once the Business Manager Visa is approved, that foreign person legally becomes “medium and long term resident”.
And the medium and long term resident needs to do the resident registration at the public office of municipality and it is not preferable to approve the address of the hotel where the one is just tentatively staying to be the address for the resident registration.
If you have more inquiries,please feel free to contact us.
