Conditions and restrictions for working with a family stay visa ・ What happens if I work too much?

Who is the family stay visa for?

A family stay visa is a status of residence given to a spouse and children who are dependent on a foreigner working in Japan with a work visa.
Human exchanges were temporarily suspended due to the Korona-ka, but the number of foreigners coming to Japan who want to work in Japan is increasing year by year due to the effects of globalization and other factors.
When such a foreigner comes to Japan with his / her family, the family must obtain a family stay visa.
In other words, a dependent visaWork status for family members supported by workers

The length of a family stay visa varies from person to personUp to 5 yearsVisa expiration date will be given.
I want to be carefulDependent visas are linked to the dependent's period of stay.It is a point.
Therefore, even if a dependent's work visa has expired, it is not possible to renew the period only for a family stay visa.
If you do not complete the renewal procedure, the set period will expire.

You can also get a family stay visa if you can prove your family relationship, even if your child is adopted.
Of course, it is assumed that the family relationship is ongoing, so if you are engaged or have a common-law marriage, you cannot apply.
Let's watch out.

Can foreigners with family stay visas work in Japan?

Many foreigners who have a family stay visa will want to work in Japan.
However, as a general rule, family stay visas are not allowed to work because it is a major premise to live while receiving dependents.
Financial dependence on dependents is a condition of a family stay visa.
However, it is not completely prohibited.

1. XNUMX. XNUMX.What is a comprehensive permit for activities outside the status of qualification?
2. XNUMX. XNUMX.What is an individual permit for activities outside the status of qualification?
3. XNUMX. XNUMX.Are there any restrictions on income or work place?

From here, I will explain in detail the above three items that you need to know in order to work with a family stay visa.

XNUMX. XNUMX.What is a comprehensive permit for activities outside the status of qualification?

For foreigners who have a family stay visa, "Allowance for activities outside your statusYou will be able to work by applying for.

There are two types of permits, and it is OK to recognize that a comprehensive permit is one of them.
In the case of a blanket permit, the work ban is relaxed and people with dependent visas canWithin 1 hours within a weekYou will be able to work or run a business.

The following applies to this "activity to operate a business".

• ● Activities as an administrator, etc., where the time to engage is clear according to the employment contract, etc.
• ● As a sole proprietor, this is an activity that receives orders for delivery, etc. and receives rewards according to daily life, and can objectively check the operating hours.

In other words, Only work that allows objective confirmation of working hours is permittedIs a comprehensive permit.
Therefore, getting a comprehensive permit is very easy, just submit an application.
However, it is not possible to work in all jobs, and not only jobs that do not violate laws and regulations, but also jobs such as entertainment business are prohibited.
If you are unsure whether or not you can work in a job, it is a good idea to contact the Immigration Bureau.

XNUMX. XNUMX.What is an individual permit for activities outside the status of qualification?

Individual permission for activities outside the status of qualificationActivities that cannot prove business hours within 1 hours in a weekRefers to.
This is a work permit that you apply for when you want to do activities other than the comprehensive permit.
You can also work as a sole proprietor, so if you want to work more freely, you should get an individual permit.

On the other hand, although individual permits have a higher degree of freedom, they have stricter conditions than blanket permits.

1. XNUMX. XNUMX.Conform to each requirement of the requirement (general principle) of permission for activities outside the qualification
2. XNUMX. XNUMX.The period of engagement in the activity does not exceed the majority of the period of stay pertaining to the determined status of residence.
   　*If it is determined that the purpose of residence has substantially changed based on the activities and contract details, it is necessary to take the procedure for permission to change the status of residence.

If it is determined that both of the above requirements apply, you can receive individual permission after submitting the necessary documents.
In addition to the above, individual permission is also required when working as a sole proprietor.

One thing to keep in mind is when you set up a new corporation or hire employees.
In this case, you will have to change from a family stay visa to a "business / management" visa in order to set up an office and work.
Also, if your income increases, you may need to change to management/management.
Let's watch out.

XNUMX. XNUMX.Are there any restrictions on employment or work place?

If you get a permit on a family stay visa, you should be aware of work and work restrictions.
In principle, there are no clear restrictions on income for both comprehensive permits and individual permits, but there are restrictions on working hours.
Since it is 1 hours a week, I can only work about 28 hours a month.
You will naturally settle into employment forms such as part-time jobs and part-time jobs.
Therefore, it is natural that the income will reach a certain level.

Another thing to keep in mind is that there are some activities that are prohibited.
In addition to activities that are recognized as violating the law, we are also engaged in customs sales, store-type sex customs special sales, store-type customs special sales, video transmission-type sex customs special sales, store-type telephone heterosexual introduction, and non-store-type telephone heterosexual introduction sales. you can't.
It means that you shouldn't do work that violates the law or disturbs public customs.

Dependent visas have restrictions on working hours to ensure that the person does not become financially dependent on his or her dependents.
If you want to work without being subject to this restriction, you must switch from a dependent visa to a work visa.
Also, be aware that if you work with a comprehensive permit or individual permit under a dependent visa, there will be restrictions on where you can work and where you can work, such as not being able to engage in entertainment business.

Visa change required to work full time

As mentioned above, with a dependent visa, you are only allowed to work 1 hours a week even if you obtain comprehensive permission.
If I worked every day for a week, I would work four hours a day, which is far from full-time work.
If you consider working full-time, 1 hours per day means 8 hours per week, which is significantly more than the time allowed under the blanket permit.
Therefore, if you have a dependent visa and want to work full time, you need to solve the problem from the ground up.
In other words, change your visa.

At that time, there are five main visas that allow you to work full-time.

● Specific activities

Internships, domestic servants for foreign service officers, etc.

● Highly professional

A person who works in a profession that meets certain standards

● Technology / Humanities / International Business

People who mainly engage in desk work, etc.

● Study abroad

As an exception, you may be allowed to work only during long vacations.

● Specific skills

You can work in 14 specific industrial fields.

Of the above, if you can meet the requirements, the most realistic visa is a highly skilled professional visa.
In addition, the "Engineer/Specialist in Humanities/International Business Visa" is a status of residence for those who work in sales or desk work at a company, so it may be relatively easy to change.
However, "Technology/Specialist in Humanities/International Services" requires requirements such as academic background, so if you do not have an academic background, it is better to aim for "Specific Skills" which can be changed by anyone by passing the exam.

You will be required to submit various documents to change your visa, so be sure to prepare all of them.

What if I work more than 1 hours a week on a family stay visa?

One thing to be concerned about when working with a dependent visa is, ``What if I end up working more than 1 hours a week?''
Because you have to keep working hoursIf it exceeds 28 hours, it is a violation of permission to engage in activities other than that permitted under the status of residence previously granted.is recognized.

• ● Imprisonment or imprisonment for up to 3 years
• ● Fine of 300 million yen

Either or both of the above will be imposed.
In the worst case scenario, if you receive a penalty,Cancellation of status of residenceIt is also possible.
In addition, if you have already received a penalty, for example, if you switch from a dependent visa to a work visa and are trying to work full-time as a regular employee, there is a possibility that your job offer will be canceled.

There is a good chance that you will not be able to work as much as you would like since you have broken the 1-hour work limit per week.
Therefore, we strongly recommend that you strictly adhere to your working hours.

Summary

As a general rule, family stay visas do not allow you to work, so even if you want to work, you cannot.
Those who wish to work must apply to the Immigration Bureau and obtain either a "blanket permit" or an "individual permit."
With a comprehensive permit, you are allowed to work 1 hours a week, so you can work in a part-time or part-time employment format.
As long as you are allowed to stay on a family stay visa, you can earn about 1 yen a month, so if your life is difficult even with the income of your dependents, consider switching visas.
If you try to work more than 28 hours, you will be penalized, so if you want to work full time, we recommend changing your visa.

For inquiries regarding dependent visas, please contact Climb.
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