When foreign investors start a business in Japan, some of the most popular sectors are the “import/export of luxury brands and watches (Antique Dealer),” “inbound tourism business (Travel Agency),” and “restaurant operations.” However, these businesses require specific “business licenses (Kyōninka)” from Japanese administrative agencies. When intertwined with the Business Manager Visa screening, this creates an extremely complex legal puzzle. This article explains the strategy to break through the “chicken and egg dilemma” of being caught between Immigration and various administrative agencies.
1. The Desperate Dilemma: “Which Comes First, the Visa or the License?”
When applying for a Business Manager Visa for a business that requires a license, applicants inevitably hit the wall of Japanese bureaucracy. If you do not understand the following structure, your business will never get off the ground.
① Immigration’s Stance: “No Visa Without a License”
Immigration will not grant a visa unless you are in a “state where you can legally conduct business in Japan.” In other words, if your business plan states “I will operate as an antique dealer,” but the antique dealer license is not attached, they will reject the application, citing that “the business cannot be legally started (lack of business continuity).”
② Police/Public Health Center’s Stance: “No License Without a Visa”
On the other hand, the authorities issuing licenses—such as the Police Department (Antique Dealer), Public Health Center (Restaurants), and Prefectural Offices (Travel Agency)—require that “the applicant holds a mid-to-long-term resident status (resident register) in Japan.” As a non-resident, they will generally not even accept your license application.
2. “Three Legal Breakthroughs” to Destroy This Deadlock
To resolve this contradiction and legally launch your business, constructing a sophisticated legal scheme is necessary. You must select the optimal strategy for your situation, primarily from the following three approaches.
① Utilizing a Co-Representative (Local Japanese Partner) Scheme
Appoint a Japanese national or permanent resident who has a resident register in Japan as a “Co-Representative Director” or “License Manager (e.g., Certified Travel Services Manager).” This opens the most reliable and practical route: first, obtain the license under the partner’s name/qualifications, and then use that license certificate to apply for the overseas principal’s Business Manager Visa.
② “Conditional Application” and Records of Prior Consultation
Go for a prior consultation at the Police Station or the competent administrative agency and secure a commitment: “As soon as the visa is granted and a resident register is obtained, all requirements for the license to be issued (store facilities, capital, etc.) are already met.” Submit the consultation record and a statement of reasons drafted by an administrative scrivener to Immigration to strongly prove that “business can legally start the moment the visa is granted.”
③ Small Start with a “Business Not Requiring a License”
Establish a company and obtain a Business Manager Visa with the main business being “general trading” or “consulting,” which do not require special licenses initially. After successfully obtaining the visa and a resident register in Japan, you then acquire the antique dealer or travel agency license and add those business purposes to your company. This is a phased approach.
Conclusion: Professional Intervention to Navigate Administrative “Silos” is Essential
Obtaining a Business Manager Visa that involves administrative licenses will undoubtedly get stuck if you are not well-versed in both the Immigration Control Act and specific business laws (Antique Dealings Law, Travel Agency Act, etc.). To prevent the tragedy of “renting a store and doing interior work, only to withdraw because the visa was denied and the license couldn’t be obtained,” the intervention of a professional who designs the legal flow with a bird’s-eye view from the business planning stage is indispensable.
For starting a business with complex models or troubleshooting with administrative agencies, please check the guide portal below.