Japan Work Visa: What to Do When the COE Misses the Start Date

This article is written by a Japanese local.

When hiring foreign nationals in Japan, the immigration screening process can sometimes take longer than anticipated. Consequently, cases frequently arise where the Certificate of Eligibility (COE) is not issued in time for the scheduled start date.

When such irregular situations occur, if a company panics and gives incorrect instructions, it can directly lead to serious compliance violations, such as encouraging illegal employment. This article explains the legally compliant procedures that both the company and the prospective employee should take when a COE delay is confirmed.

1. Strictly Prohibited: Pre-entry or Working on a Tourist Visa

The most common and severe mistake companies make is deciding to “bring the employee to Japan on a tourist visa (Temporary Visitor) for the time being to start internal training or practical work.”

Until a work visa is officially approved and landing permission is granted at the port of entry, working in Japan under any circumstances is strictly prohibited by law. Even under the guise of “unpaid training” or “observation,” if the individual is actually engaged in operations under the company’s command, it is highly likely to be deemed illegal employment. In the worst-case scenario, not only the individual but also the company will be subject to criminal penalties. You must never allow them to perform any work in Japan until the COE is issued and the proper status is secured.

2. Amending the Start Date and Executing a Memorandum of Understanding (MOU)

When a COE delay becomes certain, the first practical step to take is to modify the commencement date in the employment contract.

Do not leave the situation unaddressed where the employee cannot start work despite the arrival of the original start date. Instead, promptly execute a Memorandum of Understanding (MOU) or an agreement with the prospective employee stating that “the start date will be postponed to the day the individual enters Japan after obtaining the work visa.” By following this procedure, the company can protect itself from being held liable for breach of contract, and the candidate can wait for the visa issuance with peace of mind. This also serves as proof to the Immigration Services Agency that appropriate labor management is being conducted.

3. Pitfalls in Hiring International Students Already in Japan

Strict attention is also required when a student already in Japan is applying to change their status from a “Student Visa” to a “Work Visa,” and the original start date (such as April 1st) arrives before the approval.

Full-Time Employment is Prohibited During the Special Exception Period

If the application for a change of status is submitted before the expiration date of the current stay, a “Special Exception Period” of up to two months is granted to remain legally in Japan while the application is being processed. However, working full-time as a regular employee is not permitted until the new work visa is officially approved.

Continuing Part-Time Work After Graduation is Generally Illegal

It is also extremely dangerous to think, “We will have them work as a part-time employee (within 28 hours per week) as before until the visa is granted.” Once an international student graduates or leaves school, the actual status of “study,” which is the original purpose of the stay, ceases to exist. Consequently, the “Permission to Engage in Activity Other Than That Permitted Under the Status of Residence Previously Granted” (part-time work permit) is also interpreted as invalid. Allowing them to work while waiting for the visa after graduation directly constitutes illegal employment.

4. The Alternative: Remote Work from Abroad

If it is absolutely necessary for the prospective employee to be involved in operations from the scheduled date, there is an approach where the individual “does not enter Japan but performs work remotely while staying in their home country.”

While the individual is physically outside of Japan, the Japanese Immigration Control Act (provisions regarding illegal employment) does not apply. However, in this case, instead of handling it under a standard Japanese “employment contract,” it is necessary to logically reorganize the arrangement, such as temporarily rewriting it as a “service contract” (independent contractor agreement) for an overseas individual. Because tax treatments and the scope of local labor laws become complex, careful institutional design is required if you implement this option.

5. Stance and Management During Prolonged Visa Screening

The processing period at the Immigration Services Agency varies greatly depending on the timing of the application (busy seasons like spring) and whether additional documents are requested, often taking two to three months or more. Excessively urging the immigration office with inquiries will not have a positive impact on the screening process.

The most reliable stance for a company is to maintain close communication with the prospective employee to alleviate any anxiety, and to strictly maintain the legal boundary of “never allowing them to engage in work until the visa is approved.” Thorough adherence to compliance is the very first step toward stable, long-term employment of foreign talent.