Work Visa in Japan｜Legal Differences Between Full-time, Contract, and Outsourced Employment

Work Visa in Japan｜Employment Types Explained: Regular, Contract, and Outsourced Work

Did you know that the type of employment contract you have can significantly affect your eligibility for a work visa in Japan?
Whether you are employed as a full-time (regular) employee, fixed-term (contract) employee, or freelancer/independent contractor, the Immigration Bureau evaluates your situation differently depending on the nature of your work.

In this article, the Ishinagi Immigration Office (行政書士いしなぎ事務所) explains — based on real visa application cases — how the legality of different work arrangements is judged and what the Immigration Bureau truly looks for in each situation.

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Why Employment Type Matters for a Work Visa

In immigration screening, the actual work situation is more important than what the contract says on paper.
Even if the document is labeled as a “business outsourcing contract”, if the person works under the employer’s direction, keeps fixed working hours, and performs duties like a regular employee, immigration may determine that an employment relationship exists.

On the other hand, even for fixed-term or dispatched (派遣) employees, if the employer is clearly defined and working conditions are stable, approval is often granted without issue.
In short, the Immigration Bureau focuses not on the label of the contract, but on the substance of the working relationship.

Key Points:

• Actual working conditions are prioritized over formal titles.
• Even if labeled “outsourcing,” if it functions like employment, it is treated as such.
• Conversely, if a contractor works under employee-like control, it may be deemed non-compliant.

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How Each Employment Type Is Treated Under Work Visa Rules

1. Regular (Full-time, Permanent) Employment

A permanent employee is employed under an indefinite-term contract, which the Immigration Bureau regards as the most stable form.
When the company’s business condition and job description are clear, applicants may receive a 3- or 5-year visa.

However, immigration also reviews the company’s financial and operational stability.
For new or small companies, it is advisable to supplement with evidence such as the company registry, financial statements, or a business plan.

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2. Contract Employment (Fixed-term)

A contract employee is hired under a fixed-term agreement, and the visa duration often matches the contract term.
If the employment contract is for one year, the granted period of stay is likely to be one year as well.

To demonstrate stability, include documents such as:

• A statement from the employer noting “renewal expected”
• A written intention for multi-year renewal

These help show the employment is continuous and reliable.

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3. Dispatched Employment

In dispatch arrangements, the employer (派遣元) is the dispatching company, but the actual workplace is the client company (派遣先).
Immigration pays close attention to this structure.

Include the following in your application:

• Dispatch contract
• Copy of dispatch company license
• Explanation of actual work duties at the client site

These clarify the three-party relationship between dispatch company, worker, and client.

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Freelance / Outsourcing Contracts: Not Employment

An outsourcing agreement is based on independent work — payment for the result of the task, not for labor hours.
Therefore, visas that require a formal employment relationship, such as Engineer/Specialist in Humanities/International Services (技術・人文知識・国際業務), generally cannot be granted for this arrangement.

This misunderstanding is common and often leads to visa refusals.

Typical Rejection Examples:

• Receiving payments from multiple clients under outsourcing contracts
• Fixed working hours and direct supervision, resembling employment
• Using company-owned equipment and systems on a daily basis

In such cases, the applicant should consider switching to a status that allows independent activities, such as Business Manager or Highly Skilled Professional.

Note: In IT, design, and creative industries, freelance contracts are common. Foreign nationals in these fields should consider visa types that do not require an employment relationship.

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How to Prove the Existence of an Employment Relationship

Regardless of contract type, immigration judges based on the actual working reality.

Key Evidence Includes:

• Who pays your salary (check the payer name on bank statements)
• Who manages your working hours and holidays
• Whether a supervisor or reporting chain exists

Supporting documents such as payslips, attendance records, and performance evaluations strengthen your case.
For remote work, include a work activity report to clarify your working conditions.

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Three Main Points Immigration Focuses On

1. Contents of Employment Contract – duration, duties, and pay consistency
2. Business Reality of Employer – company registration, office, staff size, and finances
3. Consistency Between Labor Conditions and Visa Type – side jobs, telework, or multiple roles

If compensation or duties appear unreasonable, attach a written explanation or statement of reason to address potential concerns proactively.

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Common “Gray Area” Cases and How to Handle Them

① Applying as “Employee” While Under an Outsourcing Contract

Simply renaming the contract to “Employment Agreement” does not work.
The payment structure and supervision system must reflect a genuine employment relationship.

② Visa Period Shortened at Each Renewal

If your contract renews yearly, immigration may view it as unstable.
A written statement from the employer confirming intent to continue employment helps maintain longer visa periods.

③ Asked to Prove Employment Relationship

Submit a document describing working days, hours, and payment method.
For dispatch or multiple employers, a relationship diagram clarifies the structure.

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Conclusion: Explain Your Actual Work, Not Just the Contract Label

For Japanese work visas, the substance of your job outweighs the name of the contract.
Immigration authorities evaluate the stability of employment, appropriateness of duties, and continuity of the company based on your submitted documents.

When in doubt, start by organizing your actual work structure.
Consulting a licensed professional such as an administrative scrivener (gyoseishoshi) can help identify the most suitable visa and supporting evidence.

By focusing on reality over formality, you strengthen the credibility of your application and improve your chances of success.

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.

▶ Click here to see our fee schedule

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