Work Visa and SES Contracts: How to Avoid Being Suspected of Disguised Subcontracting

Introduction

In Japan’s IT industry, it is common for foreign engineers to work under SES (System Engineering Service) or subcontracting contracts. However, in the work visa screening process, if there is a mismatch between the “contract wording” and the “actual working style,” immigration may suspect disguised subcontracting (gisou ukeoi). Such suspicion can lead to visa refusals or rejection of renewals.

This article outlines typical patterns that are considered disguised subcontracting, the key points immigration officers check, and practical measures for drafting contracts and establishing internal structures.

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Work Visas and SES/Subcontracting Contracts

The work visa category (Engineer/Specialist in Humanities/International Services) requires that activities be based on a valid employment or outsourcing contract. Particular attention is given to cases where the employee belongs to one company but works onsite at another client location.

• Dispatch contracts: Employment is with the dispatching company, but instructions come from the client.
• Subcontracting contracts: Deliverables and completion are the purpose; the contractor decides how to perform the work.
• SES (quasi-delegation contracts): Work is provided onsite, but responsibility and supervision remain with the original employer.

While each type has its features, immigration places more emphasis on the actual working arrangement than on what is written in the contract.

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Typical Patterns Suspected as Disguised Subcontracting

Even if a contract is formally a subcontract, if the actual situation resembles a dispatch, it may be judged as disguised subcontracting. Common patterns include:

Contract Type	Actual Working Style	Risk
Subcontract	Client employees give daily instructions	High risk of being seen as disguised subcontracting
Subcontract	Attendance and leave approval handled by client	Considered equivalent to dispatch
SES (quasi-delegation)	No deliverables, only onsite work	Unclear chain of command
SES/Subcontract	Evaluation and reporting done by client	Double management, considered improper

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Key Points Immigration Reviews

During screening, immigration officers especially check:

• Who issues work instructions (employer vs. client)
• Where responsibility for work execution lies
• Whether the contract and actual work arrangements match
• Consistency among submitted documents (employment contracts, outsourcing contracts, company overview, etc.)

Any gap between contract and reality may trigger additional questions or even refusal.

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How to Draft Safer Contracts

The contract is one of the most critical documents in visa screening. Careful drafting can significantly reduce risks.

• For subcontracting contracts
  • Clearly define deliverables, deadlines, and compensation
  • Include clauses stating that client employees will not directly supervise
• For SES (quasi-delegation) contracts
  • State that responsibility lies with the employer
  • Specify scope of work and reporting methods

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Building the Right Internal Structure

Contracts alone are not enough; company systems must also support compliance.

• Work instructions should come only from the employer
• Attendance and leave should be managed internally by the employer
• Final performance evaluation should remain with the employer
• Ensure consistency with documents submitted to immigration (employment contracts, company overviews, etc.)

By structuring operations this way, suspicions of disguised subcontracting can be minimized.

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Practical Measures to Avoid Refusal

• Always align contract wording with actual working practices
• Prepare organizational charts or workflow documents in case immigration requests clarification
• When explaining onsite arrangements, emphasize:
  • “Work instructions are issued by the employer”
  • “Attendance management is also handled by the employer”
• Consider consulting an administrative scrivener (gyoseishoshi) to review contracts and prepare supplementary documents

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Conclusion

When applying for a work visa under SES or subcontracting contracts, the most critical point is ensuring that contracts and actual working arrangements are consistent. Careful attention to contract clauses and internal systems can greatly reduce the risk of refusal.

Key takeaways:

• Immigration focuses more on actual practice than on written contracts
• Avoid common patterns that resemble disguised subcontracting
• Contracts should clearly state the chain of command and responsibility
• Attendance and reporting should be managed by the employer, not the client
• Professional support can help ensure proper documentation and reduce risks

Before applying for a work visa, take a moment to confirm whether your contract type and actual working conditions are fully aligned.

Ishinagi Administrative Scrivener Office

If you would like to renew or change your work visa quickly and reliably, or if you feel uncertain about the application process, please feel free to consult with our office in Yodogawa-ku, Osaka. We provide support for clients from all over Japan, making use of our extensive experience in dealing with the Immigration Bureau.

If you wish to proceed with your work visa renewal or change of status smoothly and with confidence, please do not hesitate to contact us.

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