I ended up working more than 28 hours per week. Will this affect my extension?
Foreigners Employment Support Organization (FESO) ／ Published ／ Last updated
This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails.
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Answer
Working more than 28 hours per week goes beyond the scope of your 資格外活動許可, and it may be treated unfavourably at your next 在留期間更新 or in a future 永住許可申請. That said, you do not lose your 在留資格 straight away. The basic response is to bring your working hours back within the permitted range, declare the facts honestly, and explain them in a 理由書.
What is this enquiry about?
An enquiry from someone working part-time on 家族滞在, who had a period of working more than 28 hours per week.
Subject: status of residence (visa)
Application type: 在留期間更新許可申請 for 家族滞在 / 永住許可申請
Situation: Vietnamese national, female, 32 years old. Her husband is in Japan on 在留資格「技術・人文知識・国際業務」 (Engineer/Specialist in Humanities/International Services). She is in Japan on 「家族滞在」. She obtained 資格外活動許可 and started part-time work last year. Because of her shift schedule, there were several months in which she worked more than 28 hours per week.
Question: If I have worked beyond the limit of 28 hours per week, will this affect my future 在留期間更新 or 永住許可申請? If it does, how should I respond?
What happens if you work more than 28 hours per week?
It counts as activity beyond the scope of your 資格外活動許可, and is treated as a problem under 入管法 (Immigration Control and Refugee Recognition Act).
「家族滞在」 is a status of residence built on living with the support of the person supporting you in Japan. On its own, it does not allow you to work. To work part-time, you must obtain 「資格外活動許可」 in advance.
And where the permission is blanket permission, it comes in principle with a limit on activity of "up to 28 hours per week". If you work beyond that limit, that is activity beyond the permitted scope. It is treated under 入管法 as a breach of the rules on 資格外活動 (activity other than that permitted under the status of residence).
Even if it was not intentional, and happened because of your shift schedule, the fact that the hours were exceeded remains. It is better not to assume that "there was no bad intent, so it will not be a problem".
How does this affect the 在留期間更新 for 家族滞在?
There is a possibility of denial. Even if it is granted, the 在留期間 may be shorter.
Your extension may be denied A breach of the rules on 資格外活動 is a breach of 入管法, so your next 在留期間更新 may be denied. The risk is higher where the period over the limit was long, where it happened often, or where it is judged to be serious.
You may be granted a shorter 在留期間 Even where it is not denied, you may be granted a shorter 在留期間 than before: for example 6 months or 3 months, where you previously had 1 year. This is also a sign that the 地方出入国在留管理局 (Regional Immigration Services Bureau) is giving you a warning and asking you to improve your conduct.
Your conduct is assessed less favourably Screening for 在留期間更新 looks at the applicant's conduct. Going over the hours allowed for 資格外活動 is a negative factor here.
How does this affect a future 永住許可申請?
It affects the assessment of good conduct, one of the requirements for 永住許可.
One of the important requirements for 永住許可 is good conduct (素行が善良であること). Going over the hours allowed for 資格外活動 is treated as a matter that bears directly on this assessment of conduct.
Where you have a record of breaching 入管法, that point is looked at carefully in screening for 永住許可
Even where permission is granted in the end, it is thought that you will need a period in which you have put the breach behind you and built up a record of living in line with the law
永住許可 is permission to live in Japan permanently, and screening is strict. Even a breach that looks minor can be an obstacle when you apply
How much of an effect it has is judged case by case, from how long and how far you went over the limit and what you did afterwards. You do not need to conclude that "I went over the limit in the past, so 永住 is out of the question".
What should you do after going over the limit?
The basics are to bring your hours back within the permitted range, set out the facts, and explain them honestly.
Bring your hours back promptly First, stop work that goes beyond the limit at once. Return to activity of up to 28 hours per week, or stop working entirely for the time being.
Set out the facts From when to when, and by how much, did you work over the limit? How many hours did you actually work in that period, and how much were you paid? Write down and organise the reasons it happened: that it was not intentional, family circumstances, mistakes in arranging shifts, and so on.
Write a 理由書 and submit it When you apply for 在留期間更新 or 永住許可, declare the facts honestly and hide nothing. Show that you regret what happened. Set out what happened and why, state that you will not breach the law in future, and describe the steps you will take to prevent it happening again, such as managing your shifts carefully and confirming the limit of up to 28 hours per week again with your employer.
Check your tax obligations and meet them Income from part-time work carries an obligation to pay income tax and resident tax, however many or few hours you worked. Make the necessary filings, and make sure you can prove that you have paid. Always keep documents such as your 源泉徴収票 (withholding tax slip).
Show that your household is financially stable Show that your household can support itself, using the stable income of the person supporting you and the couple's savings. Explain that you are not in a position where you need to work excessive part-time hours. It is also a positive factor if the residence situation and the conduct of the person supporting you are good.
Once there is any record of a breach, later screening becomes more complicated. You can apply yourself, but if you are worried, please consult a specialist early.
Frequently Asked Questions
How many hours can I work under the 資格外活動許可 for 家族滞在?
With blanket permission, in principle up to 28 hours per week. If you work beyond that range, it is treated as going beyond the scope of the permitted activity.
If I have worked more than 28 hours per week, will my 在留資格 be revoked straight away?
It is not revoked straight away. However, your next 在留期間更新 may be denied, or you may be granted a shorter 在留期間 than before.
Should I declare that I went over the limit when I apply?
We recommend declaring it honestly rather than hiding it. The basic response is to set out what happened, why, and the steps you will take to prevent it happening again, in a 理由書.
Do I need to do anything about tax on my part-time income?
Yes. An obligation to pay income tax and resident tax arises however many or few hours you worked. File properly, and make sure you can prove that you have paid.
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. Where the two differ, the Japanese version prevails.
