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What should a foreign national working under 「技術・人文知識・国際業務」 (Engineer/Specialist in Humanities/International Services) be careful about when applying for 資格外活動 (individual permission) to run a sole proprietorship as a side job?

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 themselves about permission to engage in activity other than that permitted (資格外活動許可) for a side job.

Answer

We think it is best to attach a written explanation of the reasons for the side job in addition to the 4 documents you plan to submit. Under individual permission, activity hours are in principle not restricted as long as they do not interfere with the original activity (main job). As for income, too, there is no uniform standard that it must not exceed the income from the main job. What matters, however, is that the side job does not interfere with the activities of the main job, and that the purpose of stay and the content of activities have not been reversed from the original ones. If they are reversed, or are likely to become reversed, you need to consult the Regional Immigration Services Bureau (地方出入国在留管理局) and respond accordingly.

What is this enquiry about?

An enquiry from the applicant themselves about permission to engage in activity other than that permitted (資格外活動許可) for a side job.

What other documents should I submit with the application?

We think the documents you plan to submit are generally fine.

We think the documents you plan to submit are generally fine. In addition, we think it would be better to attach a written explanation of the reasons for the side job.

May I work more than the activity hours I applied for?

Your understanding is correct and there is no problem.

Your understanding is correct and there is no problem. Under individual permission, activity hours are in principle not restricted as long as they do not interfere with the original activity.

Is there an upper limit on side-job income?

Under individual permission, there is no uniform standard that income must not exceed the income from the main job.

Under individual permission, there is no uniform standard that income must not exceed the income from the main job. What matters, however, is that the side job does not interfere with the activities of the main job, and that the purpose of stay and the content of activities have not been reversed from the original ones. If they are reversed, or are likely to become reversed, you need to consult the Regional Immigration Services Bureau and respond accordingly.

Is there anything else to be careful about?

Even an activity carried out as a sole proprietor may fall under 「技術・人文知識・国際業務」 if it is based on a contract with an organisation in Japan, and in some cases it is then not 資格外活動.

Even an activity carried out as a sole proprietor may fall under 「技術・人文知識・国際業務」 if it is based on a contract with an organisation in Japan, and in some cases it is then not 資格外活動. We recommend checking carefully the counterparty and the content of the side-job contract.

Frequently Asked Questions

When doing a side job under 技人国, what should I attach to the application for permission to engage in activity other than that permitted?

In addition to the application form, a business plan, a weekly activity schedule, and a written permission for the side job from the main employer, we think it is best to attach a written explanation of the reasons for the side job.

Under individual permission for 資格外活動, may I do the side job for more hours than I applied for?

Under individual permission, activity hours are in principle not restricted as long as they do not interfere with the original activity.

May the income from the side job exceed the income from the main job?

There is no uniform standard that it must not exceed the income from the main job. What matters, however, is that the side job does not interfere with the activities of the main job, and that the purpose of stay and the content of activities have not been reversed from the original ones. If they are reversed, or are likely to become reversed, you need to consult the Regional Immigration Services Bureau and respond accordingly.

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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.