An increasing number of foreign investors are acquiring a “Business Manager Visa” and starting businesses by joining famous franchises (FC) in Japan, such as convenience stores and restaurants. While an FC with an established business model may seem advantageous for the screening at first glance, there is actually an endless number of cases where applicants face the fatal suspicion of “lacking management independence (just being a hired store manager)” during the immigration screening, leading to rejection. This article explains the legal strategy to be recognized by Immigration as a “true business manager” under the special format of joining an FC.
1. The Biggest Minefield: The Risk of Being Deemed a “Mere Store Manager (Worker)”
The Business Manager Visa is only granted to top-level individuals who perform the “management and administration” of a business.
However, in a typical FC contract, everything from business hours, sales prices, and suppliers to part-time recruitment manuals is placed under the strong control of the FC headquarters. Seeing this, the immigration examiner determines: “This foreigner is merely operating as instructed by the headquarters and has no managerial discretion = they are not a business manager, but merely an on-site worker (store manager).” The moment this “worker” designation is made, the visa is rejected.
2. Three Legal Approaches to Prove “Management Independence”
To refute this strong suspicion, you must carefully examine the contract with the FC headquarters and objectively prove that the applicant is in a position to “make independent management decisions.”
① Clarifying the Locus of Discretion (Examining the FC Contract)
It is dangerous to submit the FC contract vaguely. You must pick out clauses that leave a “degree of management freedom” independent from the headquarters, such as “Are original marketing measures tailored to local characteristics allowed?” or “Does the applicant have the authority to determine personnel evaluations and the salary structure?” and strongly appeal these points in your statement of reasons.
② Complete Separation of On-Site Work (Manual Labor) and Management Duties
When an FC store first opens, owners tend to do the cash register and cooking (on-site work) themselves, but this is a direct flight to being deemed a “worker.” In the business plan, you must prove that “a sufficient number of part-time and full-time employees will be hired, and a system is in place for the applicant to concentrate solely on ‘management duties’ such as shift management, financial analysis, and marketing.”
③ An “Original Business Plan” Not Dependent on the FC Headquarters’ Template
Do not submit the template business plan provided by the FC headquarters directly to Immigration. You must reconstruct the business plan by adding original management elements, such as the “applicant’s unique financing strategy” or “inbound customer attraction measures unique to foreigners,” to the nationwide uniform data provided by the headquarters.
Conclusion: The Name Value of the FC Headquarters Alone Will Not Pass the Screening
The idea that “the visa will be easily granted because it’s a major brand” is the most dangerous illusion in immigration practice. The screening for a Business Manager Visa in an FC business can be more difficult than starting a business from scratch in terms of “proving independence.” The deciding factor is how well you can assert your “unique management rights” within the rigid system of a franchise.
For more detailed requirements for company establishment through FC affiliation and other preliminary preparations, please check the requirements guide portal below.