This article is written by a Japanese local.
When hiring foreign talent, a common question for both HR managers and foreign applicants is, “Can a work visa be granted even if the employment status is a contract employee (fixed-term) or a dispatch (temp) employee instead of a regular full-time employee?”
To state the conclusion, it is legally possible to obtain an “Engineer/Specialist in Humanities/International Services (Gijinkoku)” status of residence even if you are not a regular full-time employee. The Immigration Control Act does not make “indefinite employment (regular employee)” an absolute condition for visa issuance.
However, the hurdles during the screening process by the Immigration Services Agency for non-regular employment are completely different in nature from those for regular employees. This article thoroughly explains the immigration screening risks specific to non-regular employment and the objective contract design and practical processes needed to avoid denial.
1. Screening Requirements for Contract Employees (Direct Hire): Proving “Stability and Continuity”
For contract employees (fixed-term employment) directly hired by a company, the factor examiners are most cautious about and strictly check is the “stability and continuity of employment.”
If the contract period in the employment contract is stipulated as “1 year” or “6 months,” the period of stay granted will generally be tied to that contract period. The fatal flaw in the screening process here is the “presence or absence of contract renewal.” If the contract explicitly states “No Renewal” or includes clauses suggesting short-term termination, Immigration will judge that there is “no foundation to live stably and continuously in Japan,” resulting in a visa denial.
[Objective Risk Avoidance Measure]
The employment contract must explicitly include a renewal clause, such as “May be renewed based on work performance, attitude, and the company’s management situation.” It must be proven through physical documents that, even if it is fixed-term employment, the contract structure anticipates long-term employment.
2. The Biggest Risk for Dispatch Employees (Indirect Hire): “Double Screening” and Duty Suitability
For “dispatch employees” who belong to a staffing agency and work at a client company, the screening hurdles jump even higher. In a dispatch format, a “double screening” is conducted on both the “dispatching agency (employer)” and the “client company (where duties are actually performed).”
The dispatching agency is screened for its “financial status and business stability,” while the client company is strictly scrutinized down to the millimeter regarding the “expertise of the job duties and their logical link to the applicant’s educational background (major).”
Even if an applicant belongs to an IT dispatch company, if the actual duties at the client company are “simple labor” such as basic data entry or factory line work, they will not be recognized as an advanced professional, and the application will be immediately denied. Submission of a “Notification of Dispatch Working Conditions” or a “Worker Dispatch Contract” detailing the specific duties at the client company is required, and the expertise of the duties must be objectively proven.
3. Stricter Enforcement of the Absolute Condition: “Remuneration Equal to or Higher Than a Japanese National”
Regardless of the employment format, the absolute condition for a work visa is “receiving remuneration equal to or higher than what a Japanese national would receive for engaging in the same duties.” Treating foreign talent as “cheap labor” due to their non-regular employment status is strictly prohibited by law.
In the case of dispatch or contract employees, annual expected income tends to become unstable due to hourly wage systems or the lack of bonuses. If the expected monthly income (combining base pay and allowances) falls below the “living maintenance standard (generally around 200,000 JPY per month depending on the region),” the visa will be denied due to “inability to maintain an independent livelihood in Japan.” It must be clearly stated in the employment contract that the wage system is objectively equivalent compared to Japanese employees in the same duties and position.
4. Legal Risks Concerning the “Standby Period” Specific to Dispatch Employees
For registered dispatch workers, the “standby period” until the next client company is decided poses a massive compliance risk in immigration screening. If a worker remains on standby for a long period without pay or with an extremely reduced salary because there is no work, it falls under the condition of “not continuously engaging in the activities permitted under the status of residence for 3 months or more” under the Immigration Control Act, making them subject to visa revocation.
[Objective Risk Avoidance Measure]
The dispatching agency must sign a contract guaranteeing a certain “leave allowance (at least 60% of the average wage)” based on the Labor Standards Act even during standby periods when a client company has not been decided, and has the obligation to actually pay it. Proving in writing that “even during periods when the client is undecided, the economic foundation of life is legally guaranteed” is an essential condition for obtaining approval.
5. Timeline from Visa Application to Issuance for Non-Regular Employment
The standard practical process from the job offer to the start of work for contract and dispatch employees is as follows.
- Legal Scrutiny of Contract Conditions (At Offer): Create an employment contract (or dispatch contract) that complies with the Immigration Control Act, including renewal clauses, ability to maintain a livelihood calculated by hourly/monthly wages, and regulations for leave allowances.
- Check Consistency of Duties with Client Company (For Dispatch, Before Application): Scrutinize whether the duties at the client company are simple labor and whether they logically match the applicant’s university major (completed courses), and prepare documents such as the Notification of Dispatch Working Conditions.
- Application to the Immigration Services Bureau (1 to 3 months before work starts): Gather necessary documents (dispatch agency’s financial statements, client company overview/working condition notices, etc.) and undergo screening. Because it is a double screening, the processing time tends to be longer than for regular employees.
- Issuance and Start of Work: After the Certificate of Eligibility (COE) is issued or the change/renewal of status is completed, legally commence duties.
6. Practical Q&A on Visa Applications for Contract and Dispatch Employees
- Q: If I am hired as a contract employee with an employment period of “1 year,” is it possible to be granted a visa with a period of stay of “3 years”?
A: As a general rule, no. In practical terms, if the employment contract period is 1 year, the period of stay granted by Immigration will also be “1 year” to match it. If stability of employment is objectively recognized through repeated renewals, there is a possibility that 3 years will be granted at the next renewal. - Q: I work as a dispatch employee. Do I need to complete any procedures if my dispatch client changes?
A: Yes, it is necessary. Even if the dispatch agency (employer) remains the same, if the client company changes, the question becomes whether the job duties at the new client company fall under the scope of activities (specialized/technical duties) of the “Gijinkoku” visa. To prevent trouble at the next renewal, it is strongly recommended to apply for a “Certificate of Authorized Employment” to verify the legality of the duties at the new client company with Immigration in advance.
7. Conclusion: Precise Construction of “Contract Documents” Meeting Legal Requirements
Obtaining a work visa under non-regular employment formats such as dispatch or contract employees is entirely possible as long as legal requirements are met and the logical structure is precise. However, Immigration’s scrutiny regarding “employment stability” and the “expertise of job duties” is significantly stricter compared to regular full-time employment.
A single clause in a contract or a single detail in the condition notification with the client company can immediately trigger a denial. Please construct a rock-solid contract document and hiring plan that can prove all factual relationships with objective physical evidence, including the “possibility of renewal,” “treatment equal to or higher than Japanese nationals,” “leave allowance during standby periods,” and the “expertise of duties at the dispatch client.”