Japan Work Visa: COE Application Preparation and Legal Steps Right After Hiring Overseas Talent

This article is written by a Japanese local.

For a company that has successfully issued a job offer to outstanding foreign talent living overseas, the next major hurdle is the procedure to obtain a “COE (Certificate of Eligibility).”

Leaving the application entirely up to the individual by assuming, “Since we gave them an offer, they will just get the visa and come to Japan,” or delaying the company’s initial actions, poses significant risks. Not only will the candidate miss their scheduled start date, but in the worst-case scenario, the hiring process itself may be cancelled. This article thoroughly explains the systematic preparation process the company should lead immediately after making an offer, as well as the practical procedures to avoid legal pitfalls.

1. Overall Timeline: From COE Acquisition to Arrival in Japan

When bringing in talent from overseas, the process involves obtaining the COE from the regional Immigration Services Bureau in Japan, sending it to the individual overseas, and then having them obtain a visa at the local Japanese Embassy or Consulate. It is necessary to anticipate a lead time of at least 3 to 4 months from the job offer to the start date.

• 1. Document Collection and Application Prep (Approx. 2 weeks): Both the company and the prospective employee gather necessary documents and draft the application.
• 2. COE Screening at Immigration (Approx. 1-3 months): The screening period varies greatly depending on the season and the size of the company. It will be further extended if additional documents are requested.
• 3. Sending the COE and Local Visa Application (Approx. 1-2 weeks): The issued COE (original or electronic data) is sent to the individual, who then receives a visa issuance from the local Japanese Embassy.
• 4. Arrival and Joining the Company: The individual presents their visa and COE at the airport immigration control, receives landing permission (work visa), and is issued a Residence Card.

2. The “Start Date” Trap and How to Draft the Employment Contract

Companies that do not account for prolonged COE screening periods often fall into disputes regarding the “start date” on the employment contract.

[Absolutely Unacceptable Contract Example]
Signing an employment contract at the time of the offer that only states a fixed date, such as “Start Date: April 1st.” If the COE issuance is delayed, the company risks falling into a state of “default” or “breach of labor contract.”

To prevent this, it is a strict legal rule to always include the following “condition precedent” in employment contracts or offer letters with overseas talent.

“This contract shall come into effect on the condition precedent that the employee obtains permission for a working status of residence (COE and Visa) from the Japanese government and legally enters the country. The official start date will be determined by mutual agreement after the visa is acquired.”

3. The Critical Check: Matching “Educational Background” and “Job Duties”

Issuing a job offer does not guarantee that a COE will be granted. The foundation of the immigration screening is verifying whether there is a logical match between the foreign national’s “major field of study (academic background)” at a university and the “actual job duties” they will perform at the company.

Immediately after issuing an offer (ideally before the final interview), the company must promptly request the candidate’s “Academic Transcript (list of completed courses)” and objectively verify whether there is an academic relevance to the assigned position. If the relevance is weak or likely to be disputed, drafting a detailed “Statement of Employment Reason” to convince immigration authorities becomes indispensable.

4. Collecting Required Documents Based on the Company’s “Category”

As a general rule, the company in Japan (e.g., a staff member of the accepting organization) acts as a proxy to submit the COE application to the Immigration Services Agency. The volume of documents required varies significantly depending on the company’s size (Categories 1 to 4).

For Category 1 & 2 (Listed Companies, Large & Mid-sized Enterprises)

If the withholding tax on employment income for the previous year is 10 million JPY or more, or if the company is listed, the stability of the company is recognized, and many documents are waived. Generally, only the “Application Form,” “Photograph,” and “Academic Transcript (if graduated from a vocational school)” are sufficient.

For Category 3 & 4 (SMEs and Newly Established Companies)

For newly established companies or SMEs where the withholding tax is less than 10 million JPY, a comprehensive set of documents must be prepared:

• Documents Prepared by the Company: Copy of the statutory report total table for the previous year (with a receipt stamp), employment contract, corporate registry certificate, copy of the latest financial statements, company brochure detailing business activities, statement of employment reason, etc.
• Documents Requested from the Candidate: University graduation certificate and academic transcript (originals), detailed resume/CV, ID photograph (4cm x 3cm), copy of passport, documents proving Japanese proficiency (such as JLPT certificate).

*When submitting documents written in a foreign language (such as certificates), it is legally required to attach a “Japanese translation” for all of them.

5. Strictly Prohibited: Entering Early on a Tourist Visa (Temporary Visitor)

There are rare cases where companies, seeing that the COE screening is taking too long to meet the start date, attempt the approach: “Let’s have them come to Japan on a tourist visa (Temporary Visitor) for now, and apply for a change to a work visa while in Japan.” Under the Immigration Act, this is generally not permitted.

A change from a Temporary Visitor status to a mid-to-long-term residence status is only approved under “exceptional circumstances,” and mere company convenience does not qualify. Furthermore, conducting internal training while the individual is on a tourist visa poses the risk of being charged with illegal employment. Always wait for the COE issuance in their home country and ensure they obtain a proper visa through the official procedures.

In hiring overseas talent, initial delays or document deficiencies result in massive opportunity losses for the company. If there are any concerns about document flaws or the alignment between academic background and job duties, implement an objective legal audit by a qualified professional at the employment contract stage. Building a logical process is essential to securing a reliable approval.