Hiring a foreigner for the first time: 5 points to note regarding Japanese spouse visa

This column is for those in charge of companies who are considering hiring foreigners for the first time, such as to alleviate labor shortages. Therefore, we will focus on explaining the basics.

First of all, foreigners staying in Japan are givenStatus of residence(herevisa) is recognized.
In this column, assuming a case where the type of visa for the foreigner being hired is "Japanese spouse, etc.," we will discuss what a company's hiring and labor personnel should check, as a visa specialist. An administrative scrivener will provide easy-to-understand explanations.

XNUMX. XNUMX.What kind of foreigner is a Japanese spouse visa given to?

First, let's talk about what kind of foreigners are eligible for Japanese spouse visas.

This status of residence literally means “Foreigner married to JapaneseThis is the visa given to.To add a little more, "with Japanese peopleMarriage is actually going on"Foreigner".
Therefore, in the event that the marriage relationship cannot continue, such as separation, divorce, or the death of a Japanese spouse, the residence status of the Japanese spouse visa will no longer apply, and a different residence status will be applied. Unless you can change your status, you will basically have to return to your home country.
What will happen to the Japanese spouse visa in the event of divorce or separation? Regarding the questionIs it okay for a Japanese spouse visa to "separate"? What happens if you "divorce"?Frequently Asked QuestionsPlease see the article.

Also, regarding the Japanese spouse "etc." visa, I would like to explain what this "etc." means.
As mentioned above, this status of residence is granted to foreigners who are the spouses of Japanese nationals, but in addition to that, the meaning of "etc."Japanese biological child or special adopted child"there is.
This is a foreign national who was born as a child of a Japanese person, and a Japanese person.*Special adoptionIt means a person of foreign nationality who has done the following.

If the residence status of the foreigner you are trying to hire is a “Japanese spouse, etc.” visa,spouseIs it?Biological child/Special adopted childIt would be a good idea to easily check if this is the case.
If the spouseIf the marriage does not continue, the residence status will not be maintained.Therefore, you need to make sure that your visa is renewed even after you are hired. On the other hand, biological children/specially adopted children do not lose their status, so they are considered to have a stable status of residence.

*Special adoption

This refers to an adoption in which the parent-child relationship with the biological parents is severed and the child is adopted as an adopted child, and the child is treated the same as the biological child of the adoptive parents. In principle, children under the age of 6 were supposed to be adopted, but due to a legal amendment, from April 2020 this was changed to a child under the age of 4 in principle. Adoption is the most common type of adoption).

2. What activities are permitted under a Japanese spouse visa? Can I work?

So what kind of work can foreigners who have visas, such as Japanese spouses, actually take charge of?

▼ Are there any restrictions on activity content?

Japanese spouse visaThere are no restrictions on activity content..
For example, if you have a student visa, the activity content is "going to school and studying," so other activities are not allowed in principle, but there are no such restrictions with a Japanese spouse visa. .

▼ Are there any restrictions on working?

Japanese spouse visaThere are no restrictions on work..
Generally speaking, a working visa does not allow you to do anything other than specific work (as approved by immigration authorities) at a specific company.
For example, if you are granted a visa (engineer/specialist in humanities/international services) for marketing or public relations for a restaurant, you are not allowed to work in customer service or cooking at the restaurant.
If your work visa and job content do not match, you will not only be unable to meet the approval standards for your work visa;Illegal workAs such, criminal penalties will be imposed on both the foreigner and the employer.

However, there are no such work restrictions for Japanese spouse visas. You can do any job at any company. There are no restrictions on employment types such as part-time or full-time employment.
If your company hires a foreigner with a Japanese spouse visa, you can rest assured that you will not have to worry about getting permission for the work.

3. Things to be careful about when hiring foreigners with a Japanese spouse visa

▼ Check your residence card

First of all,Show your "Residence Card" at the time of the interview.
There are two points to check.

XNUMX. XNUMX.Period of stay

The period of stay is expressed in years, such as 1, 3, or 5 years. If it has been one year, it may be because it has been a short time since you got married and got your visa. If the marriage is stable and has lasted for a long time, a long-term visa such as 1 or 3 years will be granted.

XNUMX. XNUMX.Period of stay

The period of stay is the expiry date of your current visa, so you must apply for visa renewal before that expiration date. As with the first certification,Strict examination at immigration even at the time of renewalTherefore, it is a good idea to check with the person in question whether the update was successful.

A common problem is "I can't renew because my husband and wife aren't getting along well and I'm living separately now.” is the case.
In principle, you cannot renew your visa if you are living separately, so ifIf you are unable to renew, you will not be able to continue employing that foreign worker..Japanese spouse visas need to be careful when renewingIt is necessary to keep in mind that.

By the way, here is an app that allows you to check if it is a forged residence card.Immigration Bureau of Japan page, and you can download it.
You may use it just in case.

▼ Check your academic background during the interview

In addition to confirming the period of stay and expiration date during the interview,Educational History,Qualifications (especially those related to Japanese language proficiency)It would be a good idea to check as well.
If you are unable to renew your Japanese spouse visa, you may be able to change to another status of residence if you have the academic background and qualifications.

If your educational background is a university graduate or higher in your home country, or a vocational school, junior college, or university graduate in Japan, you may be able to obtain a work-related visa.
Additionally, if you have graduated from a Japanese university and passed the Japanese Language Proficiency Test Level 1 (N1: often abbreviated as N-ichi), you may be able to handle a wide range of work.
When interviewing for a job, it's a good idea to check your educational background just in case.

▼ Check if there are any changes in your personal life such as separation or divorce

This article assumes that you have been hired and that the employment relationship continues to some extent.
Once you hire an employee, you want them to work for you for a long time, whether they're Japanese or foreign. However, if you are hiring a foreigner, your continued employment will depend on their visa status.
Even after hiring, the same as mentioned in the previous sectionAre there any personal changes that could affect your visa renewal?It would be a good idea to check.

▼ It is better to know when you can apply for permanent residence.

Having a Japanese spouse visa relaxes the requirements for applying for permanent residence.

Generally, you must have lived in Japan for at least 10 years to apply for permanent residence (other conditions apply).
HoweverForeign nationals with a Japanese spouse visa can apply for permanent residence in one year..
However, the conditions are that you have been living together in a married life and have been living in an actual married life for at least three years, and that you have continued to stay in Japan for at least one year out of those three years.

After applying for permanent residence and receiving permission,No need to renew visa(You will need to renew your residence card every 7 years) and will be able to live stably in Japan.
From the employer's perspective,visa issuesIt would be an advantage to not have to worry about (such as suddenly losing an employee due to deportation, or hiring someone while in the country illegally because their visa could not be renewed, resulting in a crime of promoting illegal employment).

Summary

The following are five points to keep in mind when hiring foreigners with a Japanese spouse visa.

1. XNUMX. XNUMX.Check if you are a Japanese spouse or not
2. XNUMX.Check visa age and expiration date
3. 3. Check with the person to see if the visa can be renewed.
4. 4. Check your academic background in preparation for changing your visa.
5. 5. Check when you can apply for permanent residence

If you have questions about employee visas, please consult an administrative scrivener specializing in visas.

Japanese spouse, etc. of employed foreign employeesVisa renewal does not work,May not be updated, if you are concerned,Climb Immigration Lawyer OfficePlease consult

At Climb, an administrative scrivener corporation, we have had trouble renewing Japanese spouse visas in the past, and we are considering whether there is a possibility of changing to another status of residence.Achievements of successfully obtaining permission.
Please use the free consultation that tells you the situation and tells you the direction of the response.

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