Will visa renewal be disallowed if international students work part-time for more than 28 hours a week?

XNUMX.Visa renewal and circumstances of “poor status of residence”

Renewal of visas such as "College Student" status of residence, "Technology / Humanities / International Business" status of residence, and "Family stay" visa is said to have a bad point in the past status of residence. It may not be accepted.
Poor residence statusrefers to various circumstances, but the most frequently pointed out is``I was working part-time beyond the scope of my permission to engage in activities other than that permitted under the status of residence previously granted.''This is the situation.

What is an activity other than that permitted under the status of residence previously granted?"Activities that involve operating a business that generates income that does not belong to the current status of residence or activities that receive remuneration, within the scope that does not interfere with the original resident activities."and permission to do this isAllowance for activities outside your statusis. (For information on activities other than that permitted under the qualification, please see this related article ⇒Apply for permission for activities outside your status of residence).

As a general rule, if you obtain permission for activities outside the status of qualification, "international students" residing in Japan for the purpose of studying and "family staying" foreigners residing in Japan for the purpose of living with your family will be accepted in a week You can work part-time within 28 hours.
This “range that does not interfere with the original activities”, that is,I ended up working part-time for more than 28 hours a week.There are stories of visas such as ``study abroad'', ``family stay'', and ``technical/specialist in humanities/international work'' being denied permission to renew visas due to overwork.

In such a case,Consulting with a professional will increase your approval rate rather than dealing with it yourself.Leads to

XNUMX.When visa renewal will be refused due to overwork

At what point does a visa renewal be refused due to overwork?There are three main reasons:

1. ➀ When renewing a “Student” visa
2. ➁ When changing or renewing a “Dependent Stay” visa
3. ③ When changing or renewing a work visa such as “Engineer/Specialist in Humanities/International Services” visa

Particularly common is ①.When renewing a “Student” visaand ③At the time of first renewal of "work visa".

Regarding the renewal of the "study abroad" visa in ➀, if the international student applying for the visa has permission to engage in activities other than that permitted under the status of residence previously granted, they will need to submit documents explaining the status of their part-time job to the Immigration Bureau.
At that timeIf the Immigration Bureau determines that there is a fact of overwork, it is likely that renewal of a "study abroad" visa will be denied..
To put it simply, this isImmigration takes a strict stance on the overwork of international studentsHowever, the reason behind this is that "study abroad" visas cause overwork and other problems.Hotbed of illegal employmentThe reality is that it has become.

③ "When the work visa is renewed for the first time" refers to the time when the foreigner who was originally an international student applies for the first renewal after changing to the "Engineer/Specialist in Humanities/International Services" visa, etc. There are many.
This is because in many cases when applying for renewal of a work visa such as an "Engineer/Specialist in Humanities/International Services" visa, the most recent"Taxation certificate"This is due to the submission of.The amount of income listed on this tax certificate is often the amount earned from part-time jobs when you were an international student.The amount of compensation for a part-time job while a student is too high.If there are circumstances such asI wonder if my part-time job when I was an international student was more than 28 hours a week?This leads to doubts.
In this way, it is thought that the taxation certificate submitted at the time of the first renewal of a work visa will be the clue to the discovery of past overwork.

Now, let's take a look at the case where a foreigner who was originally an international student is applying for the first renewal after changing to an "Engineer/Specialist in Humanities/International Services" visa, etc., and what is written on the taxation certificate that must be submitted. What should I do if my income is large?

XNUMX.Cases where overwork is suspected and how to deal with it

▼ If you worked part-time for 28 hours or less while you were an international student, but your income is high.

In this case, it is possible that the hourly wage of the part-time job at that time was simply high.
Violation of permission for activities outside the qualification in the sense of overwork is judged based on whether or not you have worked part-time beyond the "time limit" of 28 hours in principle.It doesn't matter if your income is just high because your hourly wage was high.

▼ If your income is high because you actually worked a part-time job that exceeded the limit of 28 hours or less.

So-calledOverworkIf you were doing

1. ➀ We will explain the status of your part-time job at the time (name of the company where you work part-time, company contact information, job content, period of part-time work, hourly wage, number of working days per week, hours worked per day, etc.) for each part-time job.
2. ➁ Submit a copy of the wage ledger at that time and the bank passbook to which your part-time job salary was transferred, as materials to support the contents explained in ①.
3. (XNUMX) After explaining the objective facts in (XNUMX) and (XNUMX), explain the restrictions and feelings of remorse that "in the future, we will not violate all norms such as the rules of the Japanese status of residence system". To do.

By submitting such a document,This does not necessarily mean that your visa application will be approved, but you may be able to expect certain results..

If you are worried that your visa renewal may be refused due to overwork, please contact us. Climb Immigration Lawyer Office Please consult