Can Contract Employees Obtain a Work Visa? Requirements and Points to Note

Foreigners wishing to work in Japan must obtain a work visa. In addition to part-time and temporary work, non-regular employment in Japan also includes contract-based work. The question arises: Can contract employees, who are non-regular workers, obtain a work visa?

This article explains the requirements and points to note when applying for a work visa as a contract employee.

Is it Possible for Contract Employees to Obtain a Work Visa?

Yes, contract employees can apply for and obtain a work visa. The type of employment contract is less important than the actual job duties to be performed in Japan. Below, we will explain this in detail.

Foreign Contract Employees Can Stay in Japan with a Work Visa

As mentioned above, even contract employees can obtain a work visa. Regardless of the employment status, a work visa can be granted if there is a stable job contract in Japan.

However, short-term contracts, such as those lasting only three months, may be deemed unstable and are more likely to be denied.

On the other hand, long-term contracts with well-known companies are more likely to be trusted by immigration authorities, making it easier for contract employees to obtain a work visa.

Additionally, it is important that the job duties align with the applicant’s experience and educational background. If these conditions are met, even non-regular employees (contract employees) can qualify for a work visa and work in Japan.

Requirements for Obtaining a Work Visa

There are various conditions that must be met to obtain a work visa. Below, we explain these requirements.

Educational and Professional Background

To obtain a work visa under the “Engineer/Specialist in Humanities/International Services” category, the applicant must have acquired specialized skills or knowledge at a vocational school or university.

Furthermore, the degree must be relevant. In Japan, this means holding a “Specialist” qualification from a vocational school or a “Bachelor’s” degree or equivalent from a university.

For mid-career hires, depending on the field, having 3 to 10 years of practical experience may qualify the applicant for the “Engineer/Specialist in Humanities/International Services” visa.

Relevance of Job Duties

The applicant’s educational background and degree must be relevant to the job duties in Japan. If there is no connection between the job duties and the applicant’s degree or work experience, the work visa application may be denied.

For example, if a foreigner is to work as a cook, they must have studied cooking.

While stable employment conditions are important, the relevance between the applicant’s educational background and the job duties is a critical factor in the visa application process.

Stability and Continuity of the Business

As mentioned earlier, the stability and continuity of the employer’s business are also important factors in the visa application process.

Small companies may be deemed unstable, making it difficult to obtain a work visa. In such cases, a business plan may be required to prove the company’s ability to sustain operations.

On the other hand, well-established companies are more likely to be trusted to employ foreigners on a stable basis.

Compensation for Foreign Employees

The salary offered to foreign employees is also an important factor in the visa application process. If the salary is unfairly low, the work visa may be denied.

Employers must pay contract employees, including foreigners, a salary equivalent to or higher than that of Japanese employees.

Low salaries may raise concerns at the immigration bureau about the foreigner’s ability to sustain their livelihood in Japan, increasing the risk of visa denial.

What Happens if a Job is Not Found After the Contract Ends?

If a foreign contract employee cannot find a new job after their contract ends, they may apply for a “Designated Activities” visa to continue job hunting.

By submitting a resignation certificate from the previous employer to the immigration bureau, the foreigner can apply for this visa. If granted, they may work part-time for up to 28 hours per week.

If the contract period or the “Designated Activities” visa expires, the foreigner can apply for a short-term stay visa by declaring that they are actively seeking employment.

To avoid overstaying, foreign contract employees should ensure they apply for the appropriate visa status changes.

Points to Note When Employing Foreign Contract Employees

Japanese companies hiring foreign contract employees should be aware of the following points.

The Period of Stay is Limited to the Contract Period

For regular employees, work visas are often granted for long periods, such as three years or more. However, for contract employees, the period of stay is usually limited to the contract period, often one year.

For example, if the contract period is six months, the period of stay will also be six months. It is difficult to obtain a visa for a period longer than the contract.

The “5-Year Rule” for Converting Contract Employees to Regular Employees Also Applies to Foreigners

Under the amended Labor Contract Act (effective April 1, 2013), contract employees who renew fixed-term contracts with the same employer for five years or more may request conversion to an indefinite-term labor contract.

This “5-year rule” applies not only to Japanese employees but also to foreign workers on work visas.

Employers must respond to requests for conversion to indefinite-term contracts (i.e., becoming a regular employee) from foreign contract employees in the same manner as they would for Japanese employees.

Conclusion

Even contract employees or those on fixed-term employment contracts can obtain work visas. However, for visas under the “Engineer/Specialist in Humanities/International Services” category, the applicant’s educational background and work experience must be relevant to the job duties in Japan.

Additionally, long-term contracts are more likely to be approved. If the contract period is long, the “5-year rule” may require consideration of converting the employee to a regular position.

Foreign contract employees should ensure they apply for appropriate visa status changes, such as short-term stay visas or designated activities permits, if they wish to continue job hunting after their contract ends.