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How much part-time work is allowed on a 家族滞在 visa?

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. Read the Japanese original(日本語版を読む)

Answer

「家族滞在」 is a status of residence that does not in principle allow you to work. However, if you obtain 資格外活動許可 from the 地方出入国在留管理局 (Regional Immigration Services Bureau), you may do part-time work of up to 28 hours in any 1 week as a general rule. Doing paid work without permission is 不法就労 (illegal work), so always obtain permission in advance.

What is this enquiry about?

This article explains the rules and the procedure for part-time work in Japan for people living here on 家族滞在.

Can I really not work on 家族滞在?

Work is not allowed in principle, and working without permission is 不法就労.

The first thing to understand is this. As the name suggests, 「家族滞在」 is a status of residence for staying in Japan as a family member of a foreign national living here, and work is not allowed in principle.

If you work without permission while on 家族滞在, that is 不法就労. You may become subject to 退去強制 (deportation), and you may also be barred from entering Japan in future. You must not work without permission on a casual impulse.

What kind of system is 資格外活動許可?

It is a system for allowing, as an exception, activity outside the activity of your own status of residence.

For a person on 家族滞在 to do part-time work or other paid activity as an exception, they must obtain 資格外活動許可 from the 地方出入国在留管理局.

資格外活動許可 is a system that permits activity other than the activity belonging to the status of residence you hold, which would not otherwise be allowed. A person on 家族滞在 who wants to work part-time must obtain this permission.

What are the requirements for the permission?

The main requirements are that there is no problem with your residence situation, that the work is not in 風俗営業, that it does not interfere with the activity of the person supporting you, and that it is up to 28 hours per week.

  1. You must lawfully hold your current status of residence (家族滞在)
    Your 在留期間 (period of stay) must still be running, and there must be no problem with your residence situation.
  2. The activity must not be work in 風俗営業等
    Work in industries regulated by the 風俗営業法 (Act on Control and Improvement of Amusement Business), such as pachinko parlours, hostess clubs and sex-related businesses, is not permitted.
  3. It must be found that there is no interference with the status of residence or the activity of the person supporting you
    家族滞在 is built on being supported, so your part-time work must not have a bad effect on the activity or the daily life of the person supporting you. If you spend too much time on part-time work and neglect housework or childcare, the permission may not be granted.
  4. Your working hours in any 1 week must be 28 hours or less
    The working hours allowed as 資格外活動 are set at up to 28 hours in any 1 week as a general rule. Working beyond that is 不法就労.
  5. You must meet any other requirements the 地方出入国在留管理局 sets in your case
    Depending on your circumstances, requirements other than those above may be asked of you.

People on 在留資格「留学」 may in some cases be allowed to work up to 40 hours in any 1 week, but only during periods that the 教育機関 (educational institution) they attend treats as long vacation periods. This exception does not in principle apply to 家族滞在.

What documents are needed for the application?

The basics are the application form, your passport and 在留カード (Residence Card), and documents about your workplace.

You apply for 資格外活動許可 at the 地方出入国在留管理局.

Gather and prepare the documents, then submit them at the counter of the 地方出入国在留管理局. After you apply, your case is screened and you are notified of the result, either permission or denial. Screening takes some time, so it is important to apply well before you start working.

Applying does not always mean permission is granted. It may not be granted where the residence situation of the person supporting you is unstable, or where you have worked illegally in the past.

What should you watch out for once you start working?

As well as keeping strictly to your working hours, watch out for changes of workplace, extension of your 在留期間, tax and social insurance.

  1. Keep strictly to your working hours
    Keep within the permitted working hours, which as a general rule are up to 28 hours in any 1 week. Going over them is 不法就労, and you may become subject to revocation of your 在留資格 or to 退去強制.
  2. No work in 風俗営業等
    You cannot do part-time work in jobs connected with 風俗営業.
  3. Avoid affecting the activity of the person supporting you
    Take care not to become so absorbed in part-time work that you neglect housework or childcare, or get in the way of the work or studies of the person supporting you.
  4. Notification when you change workplace
    If you hold individual permission that names your workplace, you must in principle notify the 地方出入国在留管理局 in advance when you change workplace. If you change without telling them, the permission may be revoked.
  5. Extension of your 在留期間
    資格外活動許可 is valid only within the 在留期間 of your 家族滞在. When your 在留期間 is about to expire, you need to go through the extension procedure.
  6. Tax and social insurance
    Depending on your part-time income, you may have an obligation to pay income tax and other taxes. Where certain conditions are met, you may also need to join health insurance and the employees' pension. Please check with your workplace or the tax office.

Frequently Asked Questions

Can I work just for a short time without 資格外活動許可?

No. Even for a short time, doing paid work without 資格外活動許可 is 不法就労. Always obtain 資格外活動許可 in advance.

If the person supporting me is on 「留学」, can I work up to 40 hours per week during long vacation periods?

No. The special rule on working hours during long vacation periods, which applies to people on 在留資格「留学」, does not in principle apply to 家族滞在. The general rule is up to 28 hours in any 1 week.

Do I need 資格外活動許可 if I work online for a company overseas?

Yes. Paid activity carried out while you live in Japan needs 資格外活動許可 in principle, even where the payment comes from overseas.

Do I need 資格外活動許可 for volunteer work?

In principle, unpaid volunteer work is not covered by 資格外活動許可. However, permission may be needed where you are in effect being paid, or depending on what the activity involves, so please check in advance.

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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. Where the two differ, the Japanese version prevails.