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If you started a business while a student and the business was already operating during your studies, how should this be explained in the application to change to the 「経営・管理」 visa?

Foreigners Employment Support Organization (FESO) / Published  / Supervised by 柳舘 亮一 行政書士

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 an application for extension of the 「経営・管理」 visa.

Answer

While showing that the income stated on the tax certificate (課税証明書) is executive remuneration from your own company, it is said to be advisable to explain in chronological order from when the executive remuneration of over 1 million yen per month (月額100万円超) arose, how you came to start and run the business, the actual state of your activities, and whether they hindered your studies. It is better to also touch on the legality of 資格外活動 (activities other than those permitted) as a student (within 28 hours per week), and in cases where the legal assessment is delicate, a written opinion (一筆) from a lawyer is also said to be effective.

What is this enquiry about?

An enquiry from the applicant themselves about an application for extension of the 「経営・管理」 visa.

How should the income for 2024 be explained?

Given the possibility that the legality of 資格外活動 during the student period is being checked, it is considered better to touch on that point in the explanation as well.

If you consider that the Regional Immigration Services Bureau's intention may be to check the legality of 資格外活動 during the student period, it is said to be better to touch on that point in the explanation as well.

While showing that the income for 2024 is executive remuneration from your own company, it is said to be advisable to explain in chronological order from when the executive remuneration of over 1 million yen per month arose, how you came to start and run the business, the actual state of your activities, whether they hindered your studies, and whether you were inactive between graduation and the change permission.

How should 資格外活動 as a student (within 28 hours per week) be explained?

Even for the period when executive remuneration was arising, it needs to be objectively verifiable that the work was within 28 hours per week.

It is said that even for the period when executive remuneration of over 1 million yen per month was arising, the activities needed to be such that it can be objectively verified that working hours were within 28 hours per week. In the chronological explanation, you are required to show that, between starting the business and the permission to change to 「経営管理」, you did not exceed the scope of 資格外活動.

Note that there were sales and executive remuneration (over 1 million yen per month) from right after starting the business (before the change was permitted), and all materials on the actual state of the business (financial statements, tax payment certificates, expense invoices, receipts, etc.) were submitted as additional materials at the time of last year's change application; however, business activities before the change was permitted constitute a violation concerning 資格外活動, so if something overlooked in the original examination has come to light, it will be evaluated negatively in the examination of the extension.

Is a written opinion (一筆) from a lawyer necessary?

In cases where the legal assessment of whether there was a violation concerning 資格外活動 is delicate, a written opinion from a lawyer is effective.

Based on the above explanation, in cases where the legal assessment of whether there was a violation concerning 資格外活動 is delicate, it is said to be effective to obtain a written opinion (一筆) from a lawyer on the legality.

Frequently Asked Questions

Is it enough to explain only that the income stated on the tax certificate is executive remuneration?

Rather than only showing that it is executive remuneration, it is said to be better to also take into account the legality of 資格外活動 as a student and explain in chronological order when the remuneration arose, how you came to run the business and the state of your activities.

How should you show that you stayed within the scope of 資格外活動 as a student (within 28 hours per week)?

Even for the period when executive remuneration of over 1 million yen per month was arising, the activities need to have been such that it can be objectively verified that the work was within 28 hours per week.

In what cases is a written opinion (一筆) from a lawyer effective?

In cases where the legal assessment of whether there was a violation concerning 資格外活動 is delicate, obtaining a written opinion from a lawyer on the legality is said to be effective.

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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.