JAPAN SPECIALIST IN HUMANITIES VISA

The Japan Specialist in Humanities (along with the Japan International Services Visa) is one of the broadest and therefore most important of Japan’s work visa categories. It is applicable to applicants ranging from language teachers to those working in investment banks. To an extent, it acts as a catch-all for those whose applications do not fit into a more specific category.

Job titles associated with the Japan Specialist in Humanities Visa include English teacher, Interpreter, Copywriter, Designer, Translator, Fashion designer, Interior designer, Salesperson, and Business manager.

This visa may also be issued to foreign lawyers involved in International Arbitration.

As noted above, the Japan Specialist in Humanities Visa and the Japan International Services Visa are closely related though each has its own separate requirements.

Initial Note Regarding Terminology

The Japan Specialist in Humanities Visa may also be referred to as:

• Japan Specialist Visa, or
• Japan Specialist in Humanities Visa.

In this document we will utilize the terminology “Japan Specialist in Humanities Visa”.

SEVEN STEPS TO OBTAIN A JAPAN SPECIALIST IN HUMANITIES VISA

In order to obtain a Japan Specialist in Humanities Visa to work in Japan, an applicant will need to complete the following seven steps:

STEP 1 – Confirm that the Applicant Satisfies the Preliminary Requirements for Obtaining a Japan Specialist in Humanities Visa.

There are several initial points that need to be confirmed prior to applying for a Japan Specialist in Humanities Visa.

For those applying under Japan Specialist in Humanities Visa

This is applicable where the applicant will engage in activities that require knowledge in the humanities. This could include those working as translators, interpreters, or language instructors. The preliminary requirements are as follows:

• The applicant must have graduated from university and should have majored in a subject relevant to the activities she plans to undertake in Japan, or
• She must have at least ten years’ relevant experience. The ten years can include time spent majoring in a relevant subject at a university or certain other educational institutions, and
• The applicant must receive no less remuneration than would a Japanese national for comparable work.

Special Requirements for those involved in International Arbitration

Japan strictly regulates the practice of law by foreign lawyers. However, in some situations, a foreign lawyer may be permitted to represent a non-Japanese client in an international arbitration case. This is dealt with in Article 58-2 of the Special Measures Act on the Handling of Legal Business by Foreign Lawyers (Act No. 66 of 1986).

STEP 2 – Confirm that the Proposed Work in Japan is Consistent with the Activities Permitted for the Holder of a Japan Specialist in Humanities Visa.

Once the preliminary items in Step 1 have been confirmed, the actual activities the applicant will undertake in Japan need to be considered.

The permitted activities for the holder of a Japan Specialist in Humanities Visa are:

• Activities that require knowledge of jurisprudence, economics, sociology, or other human science fields, or
• Activities that require specific ways of thought or sensitivity based on experience with foreign culture.

STEP 3 – Assemble the Documents Required to Support a Japan Specialist in Humanities Visa Application.

Once an applicant has confirmed that her proposed activities in Japan are consistent with those outlined above in Step 2, supporting documentation needs to be prepared.

For a Japan Specialist in Humanities Visa application, the following documents are required:

1. From the organization that will be employing the applicant:
   • A copy of the company registration,
   • A profit and loss statement, and
   • Supporting documents that describe the company’s business.
2. From the applicant:
   • A diploma or a certificate of graduation showing a major relevant to the activities which the applicant will undertake in Japan.
   • Documents certifying the applicants professional career.
   • Documents that certify the position the applicant will be undertaking along with details of the activity, its duration, and the associated remuneration.

Although not technically required, our experience is that providing Japanese translations enhances the quality of an application. This may minimize delays in obtaining final approval.

JAPAN VISA™’s certified immigration specialists are able to assist in the preparation and translation of all documentation required for a Japan Specialist in Humanities Visa.

Note Regarding Tax Planning Opportunities for Japan Specialist in Humanities Visa applicants.

Often, there are significant tax planning opportunities for the holder of a Japan Specialist in Humanities Visa. Items such as employer provided housing, commuting allowance, and employer funded home leave can result in significant individual tax savings. In some circumstances, off-shore payment of compensation can result in tax savings if the holder of the Japan Specialist in Humanities Visa will spend time outside Japan on business.

In addition, if the applicant will become the director of a Japanese company, both individual and corporate tax planning needs to be undertaken prior to the applicant taking up her role. If proper planning is not undertaken, there is a high risk of disadvantageous tax treatment for both the company and the individual. This article discusses Issues in Structuring Compensation for Directors of Japanese Companies.

All these matters should be negotiated prior to finalizing the documentation needed for the Japan Specialist in Humanities Visa COE application (see Step 4 below). The following article provides more information about this important issue Japan Taxes: Tax Planning for Foreigners Working in Japan.

STEP 4 – Submit an Application for a Japan Specialist in Humanities Visa Certificate of Eligibility (“COE”).

Once the applicant’s activities have been confirmed and the appropriate documents assembled per steps 2 and 3 above, the next step in most cases will be to apply for a Certificate of Eligibility (abbreviated as “COE”).

A COE is a document issued by the Japanese immigration authorities. It certifies an applicant’s eligibility to undertake specific employment in Japan – in this case, the job associated with the Japan Specialist in Humanities Visa application.

An application for a Japan Specialist in Humanities Visa COE must be submitted in person at a regional immigration office in Japan. The COE application cannot be submitted by mail or at a Japanese embassy outside Japan.

Where the applicant is not personally available (for example because she is not in Japan or due to a busy schedule) Japanese law allows a certified immigration specialist to submit a Japan Specialist in Humanities Visa COE application on behalf of the applicant.

JAPAN VISA™’s certified immigration specialists are able to handle all the procedures associated with preparing and submitting an application for a Japan Specialist in Humanities Visa COE.

STEP 5 – Await Approval of the Japan Specialist in Humanities Visa COE.

The processing time for a Japan Specialist in Humanities Visa COE is generally four to six weeks.

Once approved, a notice is sent to an address in Japan advising that the COE is ready for collection at the regional immigration office where the COE application was originally submitted.

Where JAPAN VISA™ is handling the Japan Specialist in Humanities Visa application, the notification from the immigration authorities is sent to our office. JAPAN VISA™ then collects the COE from the regional immigration office and either forwards it to the applicant or prepares a change of status application (see Step 6 below).

STEP 6 – Obtain a Japan Specialist in Humanities Status of Residence (SOR).

Once an applicant has the Japan Specialist in Humanities Visa COE in hand, the next step is for her to exchange the COE for Specialist in Humanities / International Services “Status of Residence” (usually abbreviated as “SOR”).

Technically speaking, it is the Specialist in Humanities / International Services SOR that will form the basis of the applicant actually living and working in Japan.

There are two methods for converting the COE to Specialist in Humanities / International Services SOR:

Method 1. Exchange the Japan Specialist in Humanities COE at a Japanese embassy or Consul outside Japan.

This is the traditional route for obtaining Specialist in Humanities / International Services SOR.

The applicant first exchanges the Japan Specialist in Humanities Visa COE for a Japan Specialist in Humanities Visa at a Japanese embassy or consul outside Japan. The process generally takes two to three business days.

The applicant then travels to Japan and is granted Specialist in Humanities SOR at the port of entry.

Method 2. Undertake a Change of Status to Specialist in Humanities SOR in Japan.

In some cases, an alternative may be for the holder of a Specialist in Humanities COE to enter Japan under the Japan Visa Waiver Program or some other form of short-term entry. The applicant then applies for Specialist in Humanities SOR via a change of status at a regional immigration office in Japan.

A change of status takes approximately two weeks. During that time, it is not possible for the applicant to travel outside Japan.

Where the change of status route is utilized, JAPAN VISA™’s certified immigration specialists can undertake the necessary procedures at the regional immigration office in Japan.

IMPORTANT CONSIDERATIONS AFTER RECEIVING YOUR JAPAN SPECIALIST IN HUMANITIES VISA

Once an applicant has their Japan Specialist in Humanities Visa in hand, there are a number of very important issues that need to be considered in order to avoid possible future problems.

• Japan Residence Card

Whether you receive your Japan Specialist in Humanities SOR at the airport upon entering Japan or via a change of status application filed at a regional immigration office in Japan (see Step 5 above), you will receive a Japan Residence Card.

This is an official identification card that includes an IC chip. The Residence Card contains personal information such as your name, address, birth date, residence status (in this case, Investor SOR), period of stay, etc.

You are required to carry your Residence Card at all times.

• Consider Applying for a Japan Re-Entry Permit.

Up until July 2012, if you held Japan Specialist in Humanities SOR and wished to temporarily leave Japan (e.g., for vacation, business, etc.) it was necessary to obtain a Re-entry Permit for Japan in advance of travelling.

However, it is now possible to leave Japan for up to 12 months without a Re-Entry Permit.

If there is any possibility that a trip outside Japan will last for more than 12 months, an individual holding Japan Specialist in Humanities SOR should ensure that they have a Re-entry Permit.

This can be obtained at regional immigration office in Japan.

• Understand Your Tax Obligations

There are at least three important tax issues that need to be considered by anyone holding a Japan Specialist in Humanities Visa.

(i) Japanese Tax for holders of Japan Specialist in Humanities Visa

People living in Japan under Japan Specialist in Humanities Visa SOR will typically be working for an institution that handles at least part of their Japan tax matters on their behalf. This is done by way of withholding tax deducted each month and a year-end adjustment as part of the December payroll.

However, if some income is being paid outside Japan, you may need to submit a Japanese individual tax return by 15 March each year. It is very important that you understand your Japan tax obligations since no extensions are available.

Complying with your Japanese tax obligations is essential in order to renew your visa.

This article explains the basics of Tax Planning for Foreigners Working in Japan.

(ii) United States Tax for Holders of Japan Specialist in Humanities Visa

If the holder of Japan Specialist in Humanities Visa is a US citizen or green card holder, they will usually continue to have US tax obligations even while living in Japan.

The US rules applicable to Americans living overseas are complex and constantly changing. In order to avoid possible penalties, anyone with a US tax filing obligation should seek specialist advice to ensure that they fulfill their US tax obligations.

(iii) Taxes when the Holder of Japan Specialist in Humanities Visa Leaves Japan

Prior to leaving Japan, the holder of Japan Specialist in Humanities Visa is required to fully settle her taxes or appoint a tax agent.

It should also be noted that Japanese local tax is assessed based on where you live on 1 January each year. As a result, departing Japan prior to 1 January may result in significant tax savings.

Contact JAPAN VISA™ to learn how we can assist you to obtain a Japan Specialist in Humanities Visa.