Obtaining a Business Manager Visa for a Licensed Business! Legal Practices to Prove the “Hiring and Management of Qualified Professionals”

When foreign entrepreneurs start a business in Japan, there are many cases where they choose a business model that strictly requires a national qualification or specific license to operate, such as a “Real Estate Agency,” “Recruitment/Dispatch Agency,” “Travel Agency,” or “Specialized Consulting Firm tied to licensed professionals (e.g., Tax Accountants).”

In such cases, even if the foreign business owner themselves does not hold the qualification, it is possible to legally establish a company and obtain a Business Manager Visa by “hiring a professional holding a Japanese national qualification (such as a Japanese citizen or Permanent Resident) as an employee” or by “entering into a business partnership.”

However, during the screening process by the Immigration Services Agency (Immigration), this scheme of an “unqualified foreigner hiring a qualified professional to manage a business” is met with two unique and strict suspicions. This article thoroughly explains the legal approaches to logically refute these suspicions and securely win approval for your Business Manager Visa.

1. Suspicion 1: The Risk to Business Continuity—”Won’t the company go bankrupt immediately if the qualified professional quits?”

If a legally required qualified professional—such as a “Registered Real Estate Broker” in the real estate industry or an “Employment Placement Manager” in the recruitment industry—resigns, the company will immediately be forced to suspend operations. Therefore, Immigration strictly evaluates this setup, suspecting that “the lifeline of the business is held by a single employee (the qualified professional), making the stability and continuity of the business extremely fragile.”

The Breakthrough: Presenting “Favorable Employment Conditions” and a “Backup Plan” for the Professional

To dispel this risk, you must present the following objective evidence in your business plan to prove that you have a structure in place where the qualified professional is unlikely to leave, along with an alternative plan in case of an emergency.

• Salaries Above Market Rates and Long-Term Contracts: Submit an employment contract offering sufficient salary (or executive compensation) that exceeds industry standards to the hired qualified professional, asserting that strong retention measures are in place.
• Securing Multiple Qualified Professionals (Recommended): If possible, explicitly state in your organizational chart a “backup system so the business won’t stop” by securing a second qualified professional on a part-time basis, or by signing an advisory contract with an external expert, in addition to your main professional.

2. Suspicion 2: Doubts About the Reality of the Operation—”Can an unqualified foreigner manage a Japanese expert?”

The second suspicion is: “How can a foreign manager without knowledge of Japan’s complex laws and practices direct, supervise, and manage a Japanese expert (qualified professional)?” If left unaddressed, Immigration will conclude that “the foreigner merely provided the money (capital), and the actual manager is the Japanese employee (= it is a name-lending or dummy management setup),” resulting in visa rejection.

The Breakthrough: An Organizational Chart Showing a “Clear Division of Duties” Between the Manager and the Professional

To refute this name-lending suspicion, it is essential to create a division of duties organizational chart (workflow) clarifying “who is the boss and making the management decisions,” and incorporate it into your business plan.

• Role of the Foreign Manager (You): Focus on “decision-making that only a business owner can do,” such as raising funds from overseas, attracting foreign clients using your home-country network (inbound marketing), managing overall corporate finances, planning new business ventures, and managing labor/HR.
• Role of the Qualified Professional (Employee): Focus on “statutory duties that cannot be performed without a license,” such as drafting critical matter explanations, submitting license notifications to government agencies, checking compliance (legal adherence), and handling specialized practical tasks for clients.

Logically explaining this beautiful two-wheel business model—where “the representative drives the business engine through marketing and finance, while the qualified professional ensures the brakes (compliance) through legal and practical duties”—is the biggest key to winning visa approval.

3. Summary: Visa Acquisition Checklist for Licensed and Professional Service Businesses

To obtain a Business Manager Visa by hiring qualified professionals to develop a licensed business, you need to prove your “organizational management ability” far more than in a typical startup.

• Retention of the Qualified Professional: Sign a stable employment contract (or executive appointment agreement) with excellent treatment with the qualified professional and present it to Immigration.
• Dispelling Name-Lending Suspicions: Create an organizational chart clearly dividing the roles between the manager (marketing/finance) and the professional (statutory duties).
• Timing of License Acquisition: Before applying for the Business Manager Visa, build a state where you meet the licensing requirements of the respective ministries (e.g., Ministry of Land, Infrastructure, Transport and Tourism, or Ministry of Health, Labour and Welfare), and have at least obtained a “receipt of license application.”

Licensed Business × Business Manager Visa is a highly difficult area where not only the Immigration Control Act but also laws from other ministries (such as the Real Estate Brokerage Act or the Employment Security Act) intricately intertwine. Before signing a property lease or hiring anyone, be sure to consult qualified professionals, such as Administrative Scriveners well-versed in both licensing and visa applications, to build a flawless legal scheme.