Japan Artist Visa

The Japan Artist Visa is for applicants who earn income via the creation of artistic works.

This may include:

• Composers,
• Songwriters,
• Artists,
• Sculptors,
• Craft-persons,
• Photographers,
• Musicians,
• Writer,
• Art instructor,
• Painter

SIX STEPS TO OBTAIN A JAPAN ARTIST VISA

In order to obtain a Japan Artist Visa, an applicant will need to complete the following six steps:

STEP 1 – Confirm that the Proposed Work in Japan is Consistent With the Activities Permitted for the Holder of a Japan Artist Visa.

The permitted activities under a Japan Artist Visa are defined broadly as income generating activities in the arts.

This specifically includes activities in music, the fine arts, literature, etc.

It should be noted however that entertainers are excluded from utilizing the Artist Visa category.

One key is that the activities should be income generating and sufficient to support the applicant whilst in Japan.

STEP 2 – Assemble the Documents Required to Support a Japan Artist Visa Application.

Once an applicant has confirmed that her proposed activities in Japan are consistent with those outlined above in Step 1, specific supporting documentation needs to be prepared.

In the case of a Japan Artist Visa, the authorities require documents that provide details of the following:

• Documents certifying the activity which the applicant will undertake in Japan, its duration, and the applicants position.
• Material demonstrating the applicant’s past artistic achievements. It is recommended that this supporting material be as extensive and detailed as possible. This may include critical reviews of the artist’s work and information about past exhibitions.

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

JAPAN VISA™ is able to assist in the preparation and translation of all documentation required for a Japan Artist Visa.

Note Regarding Japan Tax Planning Opportunities for Artist Visa Applicants.

Typically, compensation structuring opportunities for the holder of a Japan Artist Visa will be quite limited. However, it is worth bearing in mind that 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 Artist Visa will spend time outside Japan on business. All these items need to be negotiated with the employer prior to finalizing the documentation needed for the Artist Visa COE application (see Step 3 below). The following article provides more information about this important issue Japan Taxes: Tax Planning for Foreigners Working in Japan.

STEP 3 – Submit an Application for a Japan Artist Visa Certificate of Eligibility (“COE”).

Once the applicant’s activities have been confirmed and the appropriate documents assembled per steps 1 and 2 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 Artist Visa application.

An application for a Japan Artist 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 Artist 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 Artist Visa COE.

STEP 4 – Await Approval of the Artist Visa COE

The processing time for a Japan Artist 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™’s certified immigration specialists are handling the Artist 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 5 below).

STEP 5 – Obtain Artist Status of Residence (SOR).

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

Technically speaking, it is the Artist SOR that will form the basis of the applicant actually living and working in Japan.

There are two methods for doing this:

Method 1: Exchange the Artist COE at a Japanese embassy or Consul outside Japan.

This is the traditional route for obtaining Artist SOR.

The applicant first exchanges the Artist Visa COE for a Japan Artist 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 Artist SOR at the port of entry.

Method 2: Undertake a Change of Status to Artist SOR in Japan.

In some cases, an alternative may be for the holder of a Japan Artist COE to enter Japan under the Japan Visa Waiver Program or some other form of short-term entry. The applicant then applies for Artist 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 ARTIST VISA

Once an applicant has their Japan Artist 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 Artist 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 Artist 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 Artist 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 Artist Visa

(i) Japanese Tax for holders of Japan Artist Visa

People living in Japan under Japan Artist 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 Artist Visa

If the holder of Japan Artist 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 Artist Visa Leaves Japan

Prior to leaving Japan, the holder of Japan Artist 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 Artist Visa.