This article is written by a Japanese local.
It is common for the spouse of a foreign expatriate or worker to stay in Japan on a “Dependent Visa” and work after obtaining “Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted.” While working part-time for an employer is relatively straightforward, a rapidly increasing trend is spouses working as “sole proprietors (freelancers)” or “outsourced contractors,” taking on projects from domestic or overseas clients.
While location-independent work styles have become possible for IT engineers, designers, and consultants, the combination of a “Dependent Visa × Sole Proprietor” under Japanese immigration law is a minefield carrying fatal risks during visa renewal. In this article, we explain the legal red lines.
1. The High Wall of “Objective Proof” for the 28-Hour Limit
The absolute rule of the permission for other activities, which is “working up to 28 hours a week,” strictly applies even to sole proprietors and independent contractors. However, the biggest problem is the “proof of working hours.”
If employed as a part-time worker, it is easy to prove that the hours are within 28 hours a week using time cards or pay slips issued by the company. However, in the case of freelance contracts, time management is self-regulated. If the Immigration Bureau suspects and asks, “Are they really keeping it under 28 hours a week?”, providing objective proof becomes extremely difficult. If you cannot present clear records of working hours or a time log based on deliverables, it will be deemed a violation of permitted activities (illegal labor), and the risk of the next visa renewal being rejected skyrockets.
2. The Fundamental Loss of Visa Status Caused by “Income Exceeding Dependency”
The “Dependent Visa” is a status of residence strictly predicated on the spouse “being supported by (dependent upon)” the main work visa holder.
If the freelance business gets on track and the spouse’s income equals or exceeds the income of the main worker, it will be judged that they “no longer need to be supported (are making an independent living).” Once falling into this state, the fundamental requirements of the Dependent Visa are no longer met, and the visa renewal will be denied.
3. Defensive Measures and Visa Changes for Lawful Business Operations
For a spouse to develop a business lawfully and safely, the following defensive measures must be taken according to the scale of the business and working style.
- Strict Time Management and Evidence Preservation: If continuing freelance work while on a Dependent Visa, record daily working hours (including incidental tasks like research and emails) down to the minute using tracking tools, and always keep objective evidence that it stays within 28 hours a week.
- Changing to an Independent “Work Visa”: If the contracting client is a Japanese company and the income and work details meet the standards, the spouse should change to a work visa such as “Engineer/Specialist in Humanities/International Services.”
- Changing to a “Business Manager Visa”: If expanding the business significantly, establishing a corporation, and running an independent business, change to a “Business Manager Visa” after satisfying requirements such as capital investment.
The assumption that “it won’t be found out by Japanese immigration because it’s an outsourced contract from an overseas company” is extremely dangerous. The flow of funds is completely tracked through bank transfers and tax declarations. To prevent legal trouble before it occurs, it is highly recommended to consult with a legal expert (such as an administrative scrivener or lawyer) and make a logical decision to shift to an appropriate status of residence aligned with business growth.