【Case Study】How foreigners with a business manager visa can call their housemaids to Japan
Mrs. A, who runs a company in China, has decided to establish a subsidiary in Japan, so she plans to obtain a business manager visa and come to Japan. However, there is one thing she is worried about…
Between Mrs. A and Mr. B, her Chinese husband, there is a 6-year-old daughter, Miss C.
Mrs. A wants to come to Japan with Miss C, but she will most likely be extremely busy due to her work, and so she is worried about her household and caring for Miss C.
She started to wonder if Ms. D, a housemaid who has lived with her family and worked for them for many years, could come to Japan with them. Finally, she went to see an administrative scrivener for consultation.
In this article, we will look at how a foreigner with a business manager visa can call a housemaid to Japan, along with the case example.
Recently, globalization has been accelerating, and it is not uncommon anymore that the representative of a Japanese corporation is a foreigner.
In this article, we will explain the procedure for a foreign manager with a business manager visa to invite a housemaid from home country.
Visas that correspond to the activities by housemaids are designated activities visas, for which the Minister of Justice designates activities respectively.
Activities for a designated activities visa are individually designated by the Minister of Justice for each foreigner whose activities in Japan do not fall under any other status of residence.
It is permitted to call a housemaid employed privately with a designated activities visa if the employer’s status of residence falls under any of the 4 types: “Diplomat/Official”, “Business Manager,” “Legal/Accounting Services,” or “Highly Skilled Professional.”
Please note that the requirements for such designated activities visa for housemaids differ depending on each status of residence above.
In this article, we will check the requirements for a housemaid employed by a foreign business manager with business manager visas.
2. What are the requirements for a housemaid employed by a business manager visa holder?
In order for a housemaid employed by a business manager visa holder to be granted a status of residence, the following 7 requirements must be satisfied.
(1) The employer residing with a status of residence of business manager is the head of the office, etc. or a person in a similar position;
(2) At the time of application, the employer has a child under the age of 13 or a spouse who cannot engage in daily household chores due to illness, etc.;
(3) The foreigner hires no housemaid, other than the housemaid who seeks a status of residence, and the housemaid is at least 18 years old;
(4) The housemaid is able to have daily conversations in the language used by the employer;
(5) The housemaid is employed as a personal housemaid;
(6) The housemaid receives a monthly remuneration of 200,000 yen or more; and
(7) The housemaid engages in household activities for the employer.
Regarding “the head of the office, etc. or a person in a similar position” in above (1), the position is not judged by the superficies such as the name and title of the position, but judged comprehensively by the scale of the office, etc., business form, industry type, the amount of compensation, authorities at the office, etc. For example, even in case that you are not the representative, if you are directly instructed by the representative, or if the scope of your authority is wider than general staff and the department you belong to is independent, there is a possibility that this requirement is satisfied.
“At the time of application” in (2) above refers to the time of application for landing permission. For example, even if the employer’s child is 13 years old at the time of applying for permission for extension of the period of stay before expiration of the visa, it does not mean that the designated activities have changed.
However, this is the case when you are hired by the same employer. If the employer changes, “the time of application” becomes when you apply for extension for the period of stay based on the contract with the new employer.
The foreigner must hire no housemaid, other than the housemaid as state in (3) above. If the foreigner hires any other housemaid, the foreigner cannot call another housemaid to Japan, no matter if the housemaid is working fulltime or part time, or is a Japanese or foreigner.
The housemaid must be able to have daily conversations in the language used by the employer as stated in (4) above. Generally, no special proof is required if the nationalities of the employer and the housemaid are the same. If the employer and the housemaid have different mother tongues, materials to prove how the housemaid has learned the language are required.
A copy of the contract between the housemaid and employer, etc. need to be submitted to demonstrate the fulfillment of the following requirements: (5) The housemaid is employed as a personal housemaid; (6) The housemaid receives a monthly remuneration of 200,000 yen or more; and (7) The housemaid engages in household activities for the employer. It is often necessary to change the terms of the employment contract concluded in the home country, so you need to check the contents of the employment contract before applying.
Finally, for the requirements (5) and (6), the employer may be required to prove that he/she has the resources to pay the compensation to the housemaid.
3. The journey to invite a housemaid to Japan
Since Mrs. A has come to Japan as the representative director of the subsidiary of the Chinese company, the requirement (1) (“The employer residing with a status of residence of business manager is the head of the office, etc. or a person in a similar position”) is satisfied. In addition, since her daughter Miss C is currently 6 years old, the requirement (2) (“At the time of application, the employer has a child under the age of 13”) is also satisfied.
Since Ms. D had worked as a housemaid for Mrs. A’s family in China, there is no problem with her language ability for daily conversation (requirement (4)). After coming to Japan, she will engage in household chores as the only housemaid of the employer (requirements (3), (5), and (7))).
The problematic requirement is the requirement (6), which is that the housemaid receives a monthly remuneration of 200,000 yen or more.
Ms. D was hired as a housemaid with a salary that did not meet the requirement (6) when she was in China. We showed the public notice to Mrs. A and advised to revise the contract for the employment of Ms. D in Japan.
As a result, Ms. D successfully obtained a designated activities visa as a housemaid.
4. Summary of how foreigners with a business manager visa can call their housemaids to Japan
As we have seen, it is possible for an employer with a business manager visa to bring a housemaid who was hired in the home country due to busyness at work and necessity to take care of children.
If an employer can come to Japan with the housemaid working for the employer since before coming to Japan, the range of activities of the employer in Japan would greatly expand. Please note that some of the terms of the employment agreement between the employer and housemaid may need to be modified.
If you are a foreigner with a business manager visa and would like to invite a housemaid to Japan, please feel free to contact us.