Understanding Illegal Employment in Japan: Key Facts for Foreign Residents

The term “illegal employment” is a crucial keyword for foreign nationals working in Japan. Under Japan’s immigration system, the type of work and the conditions under which it can be performed are strictly regulated based on your status of residence. If you engage in work beyond the scope permitted by your status, it may be considered illegal employment.

In some cases, individuals violate the rules because they “didn’t know” or “thought it would be fine just for a short time,” which can lead to serious consequences.

This page provides a detailed explanation of the definition of illegal employment, typical examples, penalties, and key points to confirm in advance.

What Is Illegal Employment?

“Illegal employment” refers to working in violation of Japan’s Immigration Control and Refugee Recognition Act.

To work legally in Japan, foreign nationals must meet one of the following legal requirements:

• They have a status of residence that permits employment.
• They hold a permission for engaging in activities outside the scope of their status, even if their status normally prohibits work.
• They have changed their status of residence to one that allows employment.

If you work without satisfying any of these conditions—even for a short time—it is considered illegal employment.

Main Cases of Illegal Employment

1. Working Without Permission for Activities Outside Your Status

Example: A student starts working part-time at a convenience store without obtaining a work permit.

• Statuses such as “Student” or “Dependent” generally do not permit employment.
• However, with a Permission to Engage in Activity Other Than That Permitted from the Immigration Bureau, part-time work up to 28 hours per week is allowed.
• If you work without this permission or exceed the permitted hours, it constitutes illegal employment.

2. Working Without a Valid Status of Residence (Overstay)

Example: A person continues working even though their period of stay has already expired.

• Staying in Japan beyond the designated period stated on the residence card is considered overstay.
• Working in this condition constitutes both illegal stay and illegal employment and is regarded as a serious violation.

3. Working with a Status of Residence That Prohibits Employment

Example: A person on a Dependent visa works full-time without obtaining prior permission.

• For statuses such as “Dependent” or “Cultural Activities,” earning income through work requires prior permission for engaging in activities outside the scope of the status.
• It is a common misconception that it is acceptable to work if one’s spouse holds a work visa, but you cannot work unless you obtain individual permission.

Consequences of Illegal Employment

For the Individual

• Deportation (Removal Order)
• Principally banned from re-entering Japan for 5 years
• Negative impact on future applications for naturalization or permanent residency

For the Employer

• Criminal offense of promoting illegal employment (up to 3 years of imprisonment or a fine of up to 3 million yen)
• Loss of corporate social credibility and potential administrative penalties

Check Your Status of Residence and Engage in Legal Work

To avoid illegal employment, it is essential to understand your own status of residence and whether it allows you to work.

• Check the “Permission to engage in activity other than permitted” section on the back of your residence card
• Understand the type of status of residence you hold, such as “Engineer/Specialist in Humanities/International Services,” “Student,” or “Dependent”
• Verify that your period of stay is still valid

Support from an Immigration Lawyer (Gyoseishoshi)

At Gyoseishoshi Ishinagi Office, we provide support mainly for residence status and visa applications for foreign nationals, including the following services:

• Checking whether your current status allows you to work
• Applying for permission to engage in activities outside your status
• Changing your status from Student or Dependent to a work-permitted visa
• Consultation for companies hiring foreign employees

To avoid unknowingly violating the rules, it is important to confirm your situation in advance and seek advice from a qualified professional.