I’ll try to make this short:
My visa expires next week. I’m waiting for a decision from immigration regarding my renewal (it’s been a month, so probably soon). My company refuses to sign the ‘for organization’ document required by immigration, claiming that, because I’m a contractor and not an official employee, they have a company policy that stops them from signing it (no matter how many times I explain to them that it’s required regardless if I’m a contractor or employee, they still refuse). Because of this, I’m very worried my visa renewal will be denied.
My company suggested this: since I’m a contractor not required to work on-site and can therefore live anywhere in the world while working, my visa status in Japan is irrelevant. They are offering to extend my contract beyond my visa period and allowing me to work for them. This makes sense on one level (digital nomad type thing) but I’m not sure it’s legal in Japan.
My plan is, after my visa renewal is rejected, apply for a new visa (not work visa) while I continue to work for the company, while staying in Japan on the 2-month(?) grace period they give me. But if this isn’t legal, I don’t want to take my chances.
Any thoughts/experiences with this? Thanks!
9 comments
1. Japan doesn’t do digital nomad visa-wise
2. if you are working while in Japan, you need a work visa (or other status like PR) regardless of whether you are working online, in a shop, etc.
Maybe get them suggesting you do so in writing and then point out that you have evidence of them asking you to violate Japanese law when asking for the work visa again.
When you say contractor, do you mean fixed term employee (on their payroll) or freelance/sole proprietor?
You mentioned you are waiting for a decision from immigration which implies you submitted your application but your company didn’t provide the necessary paperwork? Then how did you file the application?
AFAIK, the company can supply a document that says you are a contractor, or just take a copy of the contractor agreement signed by the company. Either works. In some cases, immigration might ask for your bank passbook to confirm the contractor name and amount matches the contract.
They’re asking you to commit immigration fraud?
Can you get them to say that on tape and in writing?
You should probably look for a less non-law-abiding company at the earliest opportunity.
It really doesn’t matter what the dickheads at the company think, they have an obligation to ensure that their employees can legally work for them. They must provide the necessary documentation.
Shit, how many other illegal immigrants have they got squirreled away?
Did you join this company when you already had a SOR? Perhaps they’ve got in trouble with immigration before.
You can’t stay in Japan without a valid visa or PR. If your visa expires you’ll end up being a digital nomad back in your homeland. If you want to stay in Japan you will need to find another employer who will take over sponsorship of your visa or apply for PR if you’re eligible.
Buraku kaishya desu.
They have to sign your visa if you are an employee, contract or no, otherwise, you can’t stay here and they will technically be breaking immigration law by hiring an illegal alien.
They must think you can go back to home country and stay under contract, but if you want to stay in Japan, they must sign off on your visa. If they won’t, time to report them to the labor bureau and immigration. If you want to stay, you need to document this BS with the Japanese government and get advise on how to proceed. I’d definitely try to find another job, if at all possible.
> My plan is, after my visa renewal is rejected, apply for a new visa (not work visa) while I continue to work for the company, while staying in Japan on the 2-month(?) grace period they give me. But if this isn’t legal, I don’t want to take my chances.
Your plan should be to find an immigration lawyer in your area while you wait for immigration’s response. I would also make it clear to your direct manager that if your visa is not extended, you will be unable to work from whatever date immigration gives you.
Best of luck.
For claification: How are you here to begin with? On a tourist visa? Did the company actually ask you to work in Japan (sounds like no) or is this just something they allowed you to do as a remote worker?
You can’t keep working on a tourist visa and if you start running in and out of country to get new visas I am thinking you will eventually get questioned.
You also aren’t paying tax or pension.
So I think there are multiple problems here.
I don’t know why they would say your visa is irrelevant – that’s just pure nonsense.
1. Contractor can either mean that you’re an official employee of another company which dispatches you or that you’re working on a temporary contract. For the first one your home company must extend your visa, for the latter one it’s your responsibility.
2. From what I understand the company doesn’t want to make a visa for you (and it’s probably fair because you aren’t an employee), and offers to work while residing abroad. I think it’s a fair deal, however I’d check what to do with the taxes. Normally you’re supposed to pay taxes in where you live, and if you work at Japanese company which doesn’t do any bookkeeping in your place of residence it can be troublesome.