Japan Dependent Visa: The Renewal Denial Risks of a Spouse Becoming a “Freelancer” and Defense Practices

This article is written by a Japanese local.

It is common for the spouses of expatriates or foreign workers staying on a “Dependent” (Kazoku Taizai) visa to obtain “Permission to Engage in Activity Other Than That Permitted” and work in Japan. While managing working hours for hourly part-time jobs (like at convenience stores or restaurants) is relatively simple, there is a rapid increase among the spouses of elite professionals working as IT engineers, designers, or consultants, taking on projects as “freelancers” (sole proprietors) or “independent contractors.”

While location-independent remote work has become possible, combining a “Dependent Visa” with “Freelance Work” is a legal minefield that carries fatal risks for your next visa renewal under Japan’s Immigration Control Act. This article thoroughly explains the legal red lines heavily scrutinized by Immigration and the defense/transition approaches required to conduct business legally.

1. The Fatal Incompatibility Between the Work Permit and “Independent Contracting”

The absolute rule for working on a Dependent visa—”working up to 28 hours a week”—is strictly applied whether you are under an employment contract (part-time) or working as an independent contractor (freelancer). However, freelancers are placed at an extreme disadvantage in immigration screenings for the following reasons.

The Despairing Wall of “Objective Proof” for Working Hours

If you are an employed part-timer, a third party can easily prove that you work “under 28 hours a week” using time cards, shift schedules, and salary slips issued by the company. However, an independent contracting agreement is based on remuneration paid for “deliverables,” and managing the actual working hours is left entirely up to the worker.

When the Immigration Bureau suspects, “Are you really able to complete this work (deliverable) within 28 hours a week?”, providing objective proof becomes extremely difficult. If you cannot present a clear log of your working hours, you will be deemed to be “engaging in illegal labor exceeding 28 hours,” and your visa renewal will be denied.

“Waiting Time” and “Research Time” Are Counted as Labor

What is even more dangerous is the definition of working hours. Not only the time spent writing code or designing, but also the time spent emailing clients, having meetings, and researching projects are all counted as “working hours.” Strictly adding these up to ensure they are “always under 28 hours within any arbitrary 7-day period” is practically an impossible feat for a freelancer.

2. Immigration’s Suspicion of “Deviation from Dependency” and Visa Loss

In addition to the working hours issue, there is a severe risk regarding income. The “Dependent Visa” is granted on the strict premise that you are “living under the financial support” of your spouse (the primary work visa holder).

The Risk the Moment Your Income Matches the Primary Earner

If your freelance business takes off and your income matches or exceeds that of the primary visa holder, the Immigration Bureau will judge that “you no longer need financial support (you are making an independent living).” Once you fall into this state, you no longer meet the fundamental requirement of the Dependent visa (to be supported), and your renewal will be denied.

[Warning] Can Receiving Money in an Overseas Account Hide It?

The assumption that “because I contract with an overseas company and receive my remuneration in my home country’s bank account (in dollars or local currency), Japanese Immigration and tax offices won’t find out” is completely broken.

Remuneration for labor performed while residing (staying) in Japan is subject to Japanese taxation, even if the payer is overseas. In this era, the flow of funds in overseas accounts is captured through international tax information exchange frameworks like CRS (Common Reporting Standard) and the MyNumber system. If non-declaration is discovered, you will face double penalties for tax evasion and immigration violations, forcing your deportation from Japan.

3. “3 Defense and Transition Approaches” to Conduct Business Legally

To develop and expand your business legally and safely, the spouse must take one of the following approaches depending on the scale and style of the business.

Approach 1: Thorough Log Management of Working Hours (Status Quo)

If you continue freelance work on a Dependent visa, you must record your daily working hours (including ancillary tasks like research and emailing) down to the minute using time-tracking tools. Always keep objective logs proving you are “under 28 hours a week.” Additionally, you must control the volume of orders so that your income does not exceed the primary visa holder’s income.

Approach 2: Change to an Independent “Work Visa”

If your main client is a specific Japanese company and you continuously earn sufficient remuneration (typically over 200,000 JPY per month), you may be able to change to a work visa such as “Engineer/Specialist in Humanities/International Services,” even as a freelancer (sole proprietor). This requires a university degree or higher and that the expertise of the work matches your major.

Approach 3: Transition to a “Business Manager Visa” via Incorporation

If your business develops into a full-scale operation receiving orders from multiple clients, and your business income exceeds the primary earner’s income, the most certain path is to establish a Kabushiki Kaisha (K.K.) or Godo Kaisha (G.K.) in Japan and change your visa status to a “Business Manager” (Keiei Kanri) visa. You must meet strict requirements, including a capital investment of 30,000,000 JPY, but once approved, all restrictions on working hours are completely lifted.

4. Practical Q&A on Dependent Freelance Work

• Q: Can I work as a food delivery driver for Uber Eats?
  A: This is an extremely high-risk way of working. Not only the time you spend delivering, but also the “time you spend waiting online on the app” is highly likely to be counted as working hours. It is an industry where you are easily judged to have exceeded the 28-hour weekly limit.
• Q: Is it illegal to earn income by selling items on Mercari or cross-border e-commerce sites?
  A: Selling unneeded personal items occasionally is fine. However, repeatedly buying and selling items for profit is considered a “business.” In this case, proving it fits within the 28-hour limit is difficult, and since it requires a separate legal license (such as a secondhand dealer license), you will be strictly scrutinized during visa screenings.
• Q: I am a remote worker who deals entirely with overseas clients. Do I need permission?
  A: Yes, absolutely. Even if your clients are overseas companies, as long as you yourself are “operating and earning remuneration within Japan,” you are subject to the restrictions of the Immigration Control Act (under 28 hours a week). Operating without permission is illegal employment.

Becoming a sole proprietor on a Dependent visa carries the structural weakness of having to prove your working hours, making it an area prone to legal trouble. Discard the naive assumption that “they won’t find out because it’s an overseas project,” and make objective judgments to shift to the appropriate visa status as your business grows. If you are uncertain about the procedures, disclose your business realities to a qualified professional (such as a legal expert) to receive a legality diagnosis before expanding your business.