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）
On what you have described, entry on a 短期滞在 visa is likely to be difficult. 在留資格「短期滞在」 (Temporary Visitor) covers short activities that do not involve remuneration, and a meal allowance or the company paying travel costs may be read as "consideration". If the activity is treated as work in substance, there is a risk that this will also count against next year's 在留資格認定証明書交付申請 (Application for Certificate of Eligibility) for 在留資格「技術・人文知識・国際業務」 (Engineer/Specialist in Humanities/International Services).
A company wants to bring someone who has a job offer to Japan for an internship before they start work. It asks whether this is possible on a 短期滞在 visa, and how it might affect next year's COE application.
On the internship as you have described it, entry on a 短期滞在 visa is likely to be difficult.
A 短期滞在 visa is granted where the purpose is a short activity that does not involve remuneration, such as tourism, business, visiting relatives or short training. Where the activity is seen as "an activity for which remuneration is received" or as "work in substance with future employment in view", it falls outside 短期滞在.
The following points are of concern in this plan.
A period of 2 weeks may also amount to training depending on what is done, and in that case the requirements for 在留資格「研修」 (Trainee) must be met.
A meal allowance, or the company paying travel costs, may be read as "consideration" where it goes beyond reimbursement of actual expenses.
Being unpaid is in itself in line with the conditions for a 短期滞在 visa. However, a meal allowance may amount to "an activity for which remuneration is received" if it goes beyond reimbursement of actual expenses, whatever the amount. There is no line of the kind "up to this amount is fine".
So please do not think that lowering the amount removes the problem. What is looked at is whether it stays within settlement of actual expenses, or goes beyond that and becomes consideration.
The company paying for the flight and the hotel may also be one reason for reading this as "a benefit provided on the basis of an employment relationship".
An internship for someone who already has a job offer is easily seen as "a preparatory activity for employment that is to come", that is, work in substance on the basis of a future employment relationship. Because it is settled that an application for 「技術・人文知識・国際業務」 will be made next year, there is a risk that the purpose of the 短期滞在 stay is judged to be unclear.
If it stays at a simple company visit or a short explanation, there is no problem. But where it involves work in substance — carrying out specific duties, doing tasks under instructions from someone in a supervising role, or producing deliverables — it is judged to go beyond the scope of 短期滞在.
If the way the person is received is judged not to be proper, there is a real possibility that it will count against next year's Certificate of Eligibility application.
Your concern is well founded. There are the following 2 risks.
There have been many past cases where a foreign national who entered on a 短期滞在 visa was made subject to deportation for having worked in substance, or where a later application for a status of residence was denied. Where the person already has a job offer and plans a long stay in future, screening tends to be carried out more carefully.
You need to remove anything that looks like consideration or like work, and limit the programme to company visits and exchange activities.
As a rule, an "internship involving work in substance" for someone who has a job offer is difficult on a 短期滞在 visa. If you still want to go ahead, you need to keep strictly to the following points and hold the risk to a minimum.
If you want to carry out proper training, you need to consider 在留資格「研修」. However, 「研修」 has its own strict requirements — its purpose, its period, consideration, and how the accepting organisation is set up — and it is not easy to obtain.
When you apply for the 短期滞在 visa, submit a 理由書 (written explanation) setting out in detail what the internship involves, how long it lasts, that it is unpaid, and that its purpose differs from the future COE application (for example, helping the person get used to Japanese culture before starting work, or exchange within the company).
They are limited to academic, international exchange and observation purposes, where any element of remuneration or of work is extremely low or absent.
In all of these, it is assumed that any element of remuneration or of work is extremely low or absent. An internship held for a "future employee" who already has a job offer is different in nature, so a more careful judgement is called for.
To avoid harming next year's Certificate of Eligibility application for 「技術・人文知識・国際業務」, we suggest not going ahead with this plan, or reviewing it substantially. The safest course is to call off the internship and concentrate on the COE application.
It may go beyond reimbursement of actual expenses and be seen as "consideration" or "remuneration" in substance. There is then a risk that it falls outside the conditions for a 短期滞在 visa, which assumes an activity without remuneration.
There is a risk of being seen as having applied for the 短期滞在 visa on a false purpose, that is, of having made a false application. This seriously damages the applicant's credibility in later applications for a status of residence. The company that received the person may also lose credibility.
Only where any element of remuneration or of work is extremely low or absent: unpaid observation and study on an exchange programme between universities, an unpaid international exchange programme run by an NPO or a similar body, or a purely observational company visit or industry study tour with no remuneration and no engagement in duties at all.
If you are carrying out proper training, you need to consider 在留資格「研修」. But it has its own strict requirements as to purpose, period, consideration and how the accepting organisation is set up, and it is not easy to obtain.
Tell us your situation and we will answer it directly. Available in Japanese and English.
Get a free consultationThis 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.