“It’s a transfer within the same corporate group, so an internal HR procedure should be enough.”
With M&A, subsidiary formation, and business transfers restructuring corporations in Japan, it is increasingly common for foreign employees holding an “Intra-company Transferee (ICT)” visa to change their affiliated company. However, concluding these legal procedures using only internal company rules is a fatal mistake under the Immigration Control Act.
The ICT visa is a highly specialized status of residence issued based on the “connection between specific legal entities.” You must accurately understand that a transfer involving a change in the affiliated legal entity threatens the very foundation of the visa’s existence.
1. Proving the Lifeline: “Continuity of Capital Relationship”
The absolute condition for an Intra-company Transferee visa to be recognized as legal is the existence of a strict “capital relationship” (parent company, subsidiary, affiliate, etc.) defined by the Immigration Act between the foreign office (sending company) and the Japanese office (receiving company).
If the affiliated corporation changes due to organizational restructuring or transfer, there is a legal obligation to immediately prove and notify the Immigration Bureau using objective documents (such as a shareholder registry showing investment ratios, corporate registries, and correlation diagrams) that this capital relationship has not been broken, or that a lawful connection exists with the new transferee company. If this chain breaks even slightly, from that moment on, working in Japan is considered “illegal labor.”
2. Re-verifying the Risk of Deviating from “Professional Expertise”
Even if the capital relationship with the new company is cleared, another trap awaits: the “deviation of job duties.”
The ICT visa only permits duties requiring university-level specialized knowledge (equivalent to Engineer/Specialist in Humanities/International Services). If the employee is assigned to simple manual labor, sales staff roles, or factory line work at the new subsidiary, it will immediately constitute a violation of engaging in activities other than those permitted. You must strictly redefine that the new duties after the transfer do not deviate from professional expertise and prepare a job description that logically explains this.
3. Strategic Alignment of “Notification of Change” and “Visa Renewal”
When the affiliated legal entity changes, the foreign employee is legally obligated to submit a “Notification Concerning the Contracting Organization” to Immigration within “14 days” of the change. Neglecting this will result in extremely disadvantageous treatment during the next visa renewal.
Furthermore, if the next renewal period is approaching, you must carefully construct a “renewal application” that simultaneously proves the fact of the organizational restructuring and the legality of the new job duties, alongside the notification. Aligning corporate management strategy (HR and restructuring) with the legal strategy for foreign talent (Immigration Act) is the definitive defensive measure to safely continue business in Japanese society.