The Hidden Risks of the “Affidavit of the Representative of the Sponsoring Organization” — Why Signing It Can Lead to Criminal Charges
[2026 Update] The True Meaning of the “Affidavit of the Representative of the Sponsoring Organization” — Why One Signature Can Lead to Serious Legal Liability
For visa applications submitted from April 2026 onwards, companies in Category 3 and 4 must submit the “Affidavit of the Representative of the Sponsoring Organization” for “Engineer/Specialist in Humanities/International Services” visas.
If you look at the document, it is surprisingly simple. It only asks for basic info: nationality, residence card number, and names. It takes mere minutes. However, behind this simple form lies the Immigration Services Agency’s unprecedented scrutiny toward SMEs.
As an administrative scrivener in Osaka, I will explain the true background and the “legal landmines” you must understand before signing.
1. Why Is the “Affidavit of the Representative” Necessary Starting in 2026?
The Goal: Eradicating “Manual Labor” Under White-Collar Visas
The authorities are cracking down on cases where foreigners on “specialist” visas are actually performing manual labor (cleaning, waitstaff, factory lines). This affidavit was introduced to catch “intentional fraud” by management at the entry point.
Why Category 3 & 4 Are Targeted: A Paradigm Shift in Screening
Compared to listed companies, SMEs (Category 3 & 4) are under stricter surveillance. The paradigm has shifted: it is no longer just about the “Employment Contract.” Now, the representative’s personal accountability for the actual working conditions is a prerequisite for visa approval.
2. Category 3 & 4: Why “Individual Accountability” Is Now Required
Why is this required for SMEs but not Category 1 or 2?
- Vulnerability in Management: Representatives often lack oversight of daily operations, leading to “unintentional” illegal employment.
- Higher Non-compliance Rates: Statistically, visa revocations are concentrated in Categories 3 & 4. Immigration is using this form to put direct pressure on CEOs to ensure compliance.
3. The “Trap”: How a Simple Signature Proves “Aiding Illegal Employment”
The Mechanism of Criminal Liability
This document serves as evidence in criminal proceedings. By signing, you lose the “I didn’t know” defense.
“Pattern B” Logic: Removing the “Escape Route”
Signing this means declaring to the government: “I am fully aware of every detail on the ground.”
If illegal employment is later found, you cannot claim ignorance. Immigration will ask, “Then why did you sign the affidavit?” This document is a sophisticated tool to strip owners of the “negligence” defense. Your signature directly links you to the risk of “Aiding Illegal Employment” (up to 3 years imprisonment or a 3 million JPY fine).
4. Critical Items to Check Before You Sign (Self-Audit)
Before signing, re-verify these items. Do not treat this as just “paperwork.”
| Item to Check | What Immigration is Looking For |
| Operational Reality | Are “specialists” secretly doing manual labor during busy periods? |
| Social Insurance | Does the representative on the affidavit match the social insurance records? |
| Wage Equality | Is the foreign employee’s salary lower than their Japanese peers? |
| Owner’s Visa Status | If you are a foreign CEO, is your “Business Manager” visa in perfect standing? |
5. [The Practical Trap] Precautions for “Non-Resident” Representatives
For companies where the representative lives abroad, the relationship between the “Preparer” and the “Representative” is scrutinized even more strictly. You must clearly explain how a representative living overseas ensures no illegal employment occurs in Japan. Without this, you face a high risk of denial due to “Lack of Management Oversight.”
6. Summary: Visa Applications Post-2026 Are a Proof of “CEO’s Commitment”
Professional Support for Risk Management and Audits
This affidavit is not a formality. It is a direct question: “Are you personally responsible for this employee and your company’s compliance?”
At Ishinagi Office, we support everything from risk diagnosis to building audit-ready internal structures. If you have any concerns before signing, please consult us to “inventory your risks.”
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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Representative Administrative Scrivener: Takanori Ishinagi
Japan Federation of Certified Administrative Procedures Legal Specialists (Registration No.: 24260930)
Osaka Administrative Scrivener Association (Membership No.: 008905)
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