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If the overseas-resident representative of a Japanese company in negative equity applies for the 「経営・管理」 visa, can permission be possible without concrete evidence of increased sales?

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 himself about coming to Japan under 在留資格「経営・管理」 (Business Manager) as the representative of a Japanese company with poor results.

Answer

Even in a state of negative equity, there is considered to be a possibility of permission. However, the decision seems likely to depend on whether you can show that not only sales but also the financial position will improve going forward. For that reason, a business plan and income and expenditure forecast (with certification by an expert) are essential, and the feasibility and persuasiveness of the business plan matter even more than in the usual application of a newly established company. It is advisable to prepare, as far as possible, documents such as contracts showing new orders.

What is this enquiry about?

An enquiry from the applicant himself about coming to Japan under 在留資格「経営・管理」 (Business Manager) as the representative of a Japanese company with poor results.

Can a company in negative equity still obtain permission under 「経営・管理」?

A possibility is considered to exist, but the decision seems likely to depend on whether you can show that sales and the financial position will improve going forward.

A possibility is considered to exist. However, the decision seems likely to depend on whether you can show that not only sales but also the financial position will improve going forward. The key point is not only to improve the financial figures by increasing capital, but also whether you can show a prospect that the business will recover afterwards.

What should I focus on to raise the chance of permission?

Raise the precision of the business plan. Its feasibility and persuasiveness matter even more than in the usual application of a new company.

First, raise the precision of the business plan. The feasibility and persuasiveness of the business plan matter even more than in the usual application of a newly established company. For that purpose too, it is advisable to prepare, as far as possible, documents such as contracts showing new orders.

If I cannot obtain contracts, can a business plan and the like serve instead?

A business plan and income and expenditure forecast (with certification by an expert) are essential, and it is important to make their feasibility persuasive.

A business plan and income and expenditure forecast (with certification by an expert) are essential. On top of that, how persuasive you can make the feasibility of those documents is considered important. Documents such as contracts for new orders are advisable to prepare as far as possible, as materials that back up that persuasiveness.

Frequently Asked Questions

Can 在留資格「経営・管理」 be permitted even to the representative of a company in negative equity?

A possibility is considered to exist, but the decision seems likely to depend on whether you can show that sales and the financial position will improve going forward.

Is increasing capital through a debt-equity swap enough by itself?

In addition to improvement of the finances, you are required to show a prospect that the business, including sales, will improve. The feasibility and persuasiveness of the business plan matter even more than for a usual new company.

What should I do if I have no contracts for new orders?

A business plan and income and expenditure forecast (with certification by an expert) are essential, and it is important to make their feasibility persuasive. It is also advisable to prepare documents such as contracts as far as possible.

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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.