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If a lyricist and composer residing under the 芸術 visa holds a concert, are 資格外活動許可 or the 興行 visa required?

Foreigners Employment Support Organization (FESO) / Published  / Supervised by 五十嵐 博幸 行政書士・社会保険労務士

This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original(日本語版を読む)

Who this article is forAn enquiry from the applicant herself about holding concerts and selling goods while engaging in activities under 在留資格「芸術」 (Artist).

Answer

In light of activities under 「芸術」 centred on writing lyrics and composing, the idea of obtaining 資格外活動許可 (Permission to Engage in Activity Other Than That Permitted) for concert activities falling under 「興行」 is considered reasonable. For merchandise sales, the judgment differs depending on the products and how they are sold: selling your own albums and the like at live venues is easy to explain as incidental to artistic (or entertainment) activities, whereas activities that exclusively sell apparel and other goods on websites or e-commerce sites are considered to take on a stronger character of 「経営・管理」. In either case, the key point is explaining that the original artistic activities are not being hindered.

What is this enquiry about?

An enquiry from the applicant herself about holding concerts and selling goods while engaging in activities under 在留資格「芸術」 (Artist).

Is 資格外活動許可 required to hold a concert?

The idea of obtaining 資格外活動許可 for concert activities falling under 「興行」 is considered reasonable.

This is a case where the line is hard to draw, but in light of activities centred on writing lyrics and composing as 「芸術」, the idea of obtaining 資格外活動許可 for concert activities falling under 「興行」 is considered reasonable.

Which status of residence covers merchandise sales at live venues or on a website?

Selling your own albums at live venues is easy to explain as incidental to artistic (or entertainment) activities, while selling goods on websites takes on a stronger character of 「経営・管理」.

For merchandise sales, the judgment differs depending on the products and how they are sold. For example, it is considered that selling your own albums and the like at live venues is easy to explain as incidental to artistic (or entertainment) activities. On the other hand, activities that exclusively sell apparel such as T-shirts and other goods on websites or e-commerce sites take on a stronger character of 「経営・管理」 as a sales business.

Does producing a fan app fall under 「経営・管理」?

Leaning towards forgoing it is reasonable, but depending on how it is made, it does not necessarily fall under 「経営・管理」.

Thinking in the direction of forgoing it is reasonable, but it cannot be said across the board to be 「経営・管理」 either. If she were to set up an app business company herself, it would be more likely to fall under 「経営・管理」; but if, strictly as part of her artistic activities, a content app providing her songs, videos and the like to fans is produced by an outside contractor and she does not herself run an app business, it is considered not necessarily to fall under 「経営・管理」. However, monetisation needs to be considered carefully.

Should I confirm by consulting at the counter or with a 就労資格証明書?

Since a definite answer is hard to obtain at the counter, using a 就労資格証明書 or seeking a judgment within the examination of 資格外活動許可 can be considered.

Since it seems that no definite answer will be obtained at the counter after all, using a 就労資格証明書 is possible. However, in Tokyo it seems that it is rarely issued even when applied for, so it depends on the balance with the remaining period of stay. If it is issued, whether the activities fall under artistic activities is shown in detail, so when applying it is recommended to list specifically the activities you want certified. Considering the time it takes, the view has also been expressed that it may be better to seek a judgment within the examination of 資格外活動許可 from the outset.

Can I obtain 資格外活動許可 for activities falling under 「経営・管理」, or multiple permissions?

Under the system they can be subject to individual 資格外活動許可. Obtaining multiple permissions is not in itself considered to adversely affect renewals.

Activities falling under 「経営・管理」 can also, under the system, be subject to individual 資格外活動許可. In this case, there is no need to meet the new standards for 「経営・管理」, and the 28-hours-a-week limit does not apply. Whether it will be granted smoothly is unknown, but the key point is proving that the original artistic activities are not obstructed. Also, obtaining multiple 資格外活動許可 is not in itself considered to adversely affect renewals, but here too the key point is considered to be explaining that the artistic activities are not being hindered.

Frequently Asked Questions

What is required to hold a concert under 在留資格「芸術」?

In light of artistic activities centred on writing lyrics and composing, the idea of obtaining 資格外活動許可 for concert activities falling under 「興行」 is considered reasonable.

May I sell my own CDs and goods at live venues?

Selling your own albums and the like at live venues is easy to explain as incidental to artistic (or entertainment) activities, while activities that exclusively sell apparel and the like on websites or e-commerce sites take on a stronger character of 「経営・管理」.

Will obtaining multiple 資格外活動許可 put me at a disadvantage in renewals?

Obtaining multiple permissions is not in itself considered to have an adverse effect, but the key point is explaining that the original artistic activities are not being hindered.

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This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Because it is a translation, the meaning may differ from the original in places. Where something affects a decision you are making, please check the Japanese version or ask us. The supervision by a 行政書士 is of the Japanese version.