[Local Japanese] Gijinkoku vs Intra-Company Transferee? A Complete Guide to Japan Expat Visas

This article is written by a Japanese local.

When sending foreign staff from an overseas affiliated company to a corporate branch in Japan, the most critical decision HR managers and expatriates face is choosing the right visa status.

In practice, the choice narrows down to two options: the “Engineer/Specialist in Humanities/International Services (Gijinkoku)” visa or the “Intra-company Transferee” visa. While both allow you to work in Japan, the immigration screening criteria by the Immigration Services Agency, career restrictions, and legal implications upon resignation are completely different.

This article provides a defensive, practical comparison of both visas from the perspectives of the employer (HR) and the employee (expatriate), helping you prevent irreversible application errors.

1. Comparison Matrix: Gijinkoku vs. Intra-company Transferee

First, here is a comparison table to logically grasp the fundamental differences between the two. Please check the overall picture to see which fits the situation of your company and the expatriate.

Criteria	Intra-company Transferee	Gijinkoku
Biggest Advantage	No university degree required	Freedom to change jobs in Japan
Past Work Experience	1+ years of continuous work at an overseas affiliated company right before the transfer	Relevant work experience (3-10 years if no university degree)
Educational Background	Not required	A university degree (or equivalent) related to the job duties
Scope of Work	Must fall under Gijinkoku-equivalent duties (No simple labor)	Duties strictly matching university major
Salary Payer	Can be paid by the Japan entity, overseas HQ, or a combination	In principle, paid by the Japan entity
Upon Resignation	Visa basis is lost (Must return home or change visa)	Can stay and work for another company within the visa’s valid period
Dependent Family	Allowed (Spouse/Children)	Allowed (Spouse/Children)

2. Realities of the “Intra-company Transferee” Visa

The “Intra-company Transferee” visa is a specialized visa strictly intended for transfers between a parent company, subsidiary, or branch offices overseas.

Pros & Cons for the Employer (HR)

• [Pro] Calling highly skilled staff without degrees: Even if a candidate only has a high school or vocational diploma, they can be transferred to Japan as long as they have worked diligently at the overseas branch for over a year and proven their practical skills.
• [Pro] Preventing talent drain: This visa strictly requires the holder to belong to the current corporate group. If the expat tries to change jobs in Japan, they must start from scratch to get a new Gijinkoku visa. This acts as a strong deterrent against poaching (lock-in effect).
• [Con] The strict “1-Year Rule”: You cannot hire someone overseas and send them to Japan immediately. Clear proof of continuous employment at the overseas entity for the past 12 months (e.g., pay slips, employment certificates) is mandatory.

Pros & Cons for the Expatriate (Employee)

• [Pro] Bypassing educational hurdles: You can engage in global business at the Japanese HQ even without a university degree from your home country.
• [Con] Heavy reliance on the company: If the workplace in Japan does not suit you and you resign, it is extremely difficult to find another job domestically (especially without a degree). You will likely have to return to your home country.

3. Realities of the “Gijinkoku” Visa

The most standard working visa in Japan is the “Engineer/Specialist in Humanities/International Services.” Even expats can enter using this visa if they meet the requirements.

Pros & Cons for the Employer (HR)

• [Pro] Immediate dispatch after hiring: Unlike the Intra-company Transferee visa, there is no “1-year overseas work” rule. You can bring a fresh overseas university graduate straight to Japan without them passing through a local subsidiary.
• [Con] High screening hurdles & poaching risks: Proving the logical match between the candidate’s university major and their job duties in Japan takes time. Furthermore, since they can easily change jobs, there is a risk of losing them to competitors once their market value increases in Japan.

Pros & Cons for the Expatriate (Employee)

• [Pro] Ultimate career freedom: This visa’s biggest appeal is that it is tied to the individual. Even if you resign, you can freely change jobs within the same professional field in Japan during the visa’s valid period. It is ideal for long-term residency aiming for Permanent Residence.
• [Con] Strict job scope: A literature major cannot easily get a Gijinkoku visa to work as an IT engineer in Japan unless they have 10 years of specific work experience.

4. Defensive Strategies to Avoid Rejection (Fatal Pitfalls)

After deciding on the visa type, here are three fatal pitfalls many companies fall into during the application process, along with their workarounds.

Pitfall 1: Failing the “Japanese Salary Standard”

Both visas share an absolute rule: The foreigner must receive “equal to or more than the salary a Japanese national would receive for the same duties.” Applying with a low overseas salary scale (e.g., 80,000 JPY/month) will result in a 100% rejection.

[Solution] Naturally, it must exceed Japan’s minimum wage. Construct a salary structure comparable to your Japanese employees of the same age and role. For Intra-company Transferees, adding an “expat allowance” from Japan to meet the standard is acceptable as long as you prove the total amount.

Pitfall 2: Suspicion of “Simple Labor”

Both visas only permit “duties requiring highly specialized knowledge (white-collar).” Working in restaurants, factory lines, or hotel bed-making under the guise of “field training” for long periods is considered illegal labor.

[Solution] Provide a highly detailed daily schedule in the employment contract and statement of reasons, logically proving the professional nature of the tasks (e.g., marketing, translation, system development).

Pitfall 3: Lack of Capital Ties (Intra-company Transferees)

Intra-company Transferee visas require a solid capital relationship (parent-subsidiary or branch) between the foreign entity and the Japanese entity. Mere business partners or franchise agreements do not qualify.

[Solution] Thoroughly prepare financial statements, shareholder registries, and organizational charts to visually and objectively prove the group relationship through front-loading (advance preparation).

5. Optimal Application Timeline

Inviting someone from overseas (Certificate of Eligibility application) takes much longer than a domestic visa change. Delays will fatally impact your business start or project.

1. 4-5 Months Before Transfer: Finalize the visa type. Begin collecting the expat’s degree certificates and overseas employment proofs (obtaining and translating documents from overseas takes the most time).
2. 3 Months Before Transfer: Submit the application documents to the regional Immigration Bureau.
3. 1 Month Before Transfer: Issuance of the Certificate of Eligibility (COE). Mail the original to the expat (electronic COEs are also becoming common).
4. 2 Weeks Before Transfer: The expat presents the COE at the local Japanese Embassy/Consulate to receive the visa in their passport.
5. Arrival & Start: Enter Japan, receive the Residence Card at the airport, and begin duties.

6. Q&A: Common Inquiries

Q. Can I initially enter on an “Intra-company Transferee” visa and change to “Gijinkoku” after a few years in Japan?
A. Yes. However, it is an absolute condition that the individual meets the Gijinkoku requirements: either a “university degree” or “10+ years of practical experience (3+ years for international services like translation).”

Even without a degree, if you combine your work period overseas with your work period in Japan under the Intra-company Transferee visa to reach the required 10 (or 3) years, it is legally possible to switch to a Gijinkoku visa and change employers. Please note that you will face the practical hurdle of obtaining official “Certificates of Employment” from all past employers to objectively prove those years.

Q. Can the spouse of an Intra-company Transferee work in Japan?
A. Yes, conditionally. Spouses of both Gijinkoku and Intra-company Transferee holders are issued a “Dependent” visa. By applying for “Permission to Engage in Activity Other Than That Permitted,” they can legally work part-time up to 28 hours per week.

Q. What is the ultimate criterion for deciding which visa to apply for?
A. Mechanically divide it by the “individual’s educational background” and “tenure at the overseas entity.”
If they have a relevant university degree, Gijinkoku is highly recommended for future flexibility. If they lack a degree, or if HR strongly intends to “lock them into our company,” choosing the Intra-company Transferee visa is the most streamlined approach.

7. Conclusion

The choice between “Gijinkoku” and “Intra-company Transferee” is not about which is superior, but a system to be utilized based on the objectives: “how the company wants to utilize foreign talent” and “what kind of career the individual wants to build in Japan.”

Mismatches in requirements or salary setting errors will invite strict reprimands from immigration authorities and, in the worst case, remain on record as a formal rejection. Accurately grasp the differences and build a secure scheme that poses no risk to your company or the expat, genuinely contributing to your business.