An administrative scrivener explains the office requirements for permission for a business manager visa!

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1. Is it necessary to have an office to obtain a business manager visa?

To answer this question, it is a shortcut to check the Ordinance of the Ministry of Justice (so-called the Ministerial Ordinance for Standard).
Let’s take a look at the Ordinance of the Ministry of Justice.

(Ministerial Ordinance to Provide for Criteria Pursuant to Article 7, paragraph (1), item (ii) of the Immigration Control and Refugee Recognition Act)

If you look at the first part, it says, “a business office for the purpose of conducting the business pertaining to the application exists in Japan,” so you can see that an office is required to obtain a business manager visa.

Next, if you look at the latter part, it says, “if the business has not been commenced, facilities to be used as a business office for the purpose of conducting the business have been secured in Japan.”

To summarize these:
・ It is necessary to “secure” an office even if the business has not been started; and
・ If you have already started a business, an office must “exist”.

In any case, you can see it’s necessary to prepare an office in order to obtain a business manager visa.

2. Places recognized as an office in a business manager visa application

Now, let’s take a look at business manager visa application cases where it was found that an office was secured (cf. “Clarification of Status of Residence Standards for Foreign Business Owners” published by the Ministry of Justice).

It must be clarified that the purpose of use of the office for a business manager visa is business. If the purpose of use is residential, the requirements are not met.
If the purpose of use is residential, like in this case, it is necessary to clearly indicate that the lender has consented to use the property for business.
In this case, since the lender has signed a special agreement permitting the use as an “office of the company,” it was treated as an approval of the lender to use the place for business.

This case shows that not only registered head offices are certified as an office.
In this case, the registered head office is the officer’s home.
Plus, another property is rented as a branch office.

Like in this case, not only head offices are recognized as an office, and even if the head office is the home of an officer. Even if the head office is the home of an officer, there is no problem as long as a there is another office that meets the requirements for a business manager visa.

This is a case where the use of a part of own house as an office became a problem.

The point is whether the living space and the space used for business are clearly separated.
In this case, the entrance to the office part and the entrance to the residential area are different, so they are considered to be clearly separated.
In addition, there is a sign indicating the company name at the entrance of the office. Because of such social sign, the place can be recognized as a space used for business from outside appearance.
Furthermore, the place has personal computers, telephones, desks, copy machines, etc., and by such facts, it was confirmed that business had been carried out there. As a result, the office was found to be existing with substance.

In relation to the above, in case of using home as an office, there are 2 things to note other than the above.

The first one is about the payment of expenses for common facilities, such as utilities.
It is necessary to clarify whether it was used in the course of business or in daily life.
Thus, in case of using home as an office, distinction between residence and business is required, not only physically, but also formally.

Second, a physically separated room for business use only must be reserved.
For example, if you can use the first floor of the house an office and the second floor as a residence, and clearly separate the areas, you can use your house as an office.
On the other hand, when using a part of a living room as an office, it cannot be said that an office is secured because it is not clear which space is used exclusively for business.

There are many points to note when aiming to acquire a business manager visa with an office/home, but it is most important to check whether all requirements are met.

3. Places not recognized as an office in the business manager visa application

In this section, like we did in the above, we will verify business manager visa application cases where it was found that an office was not secured (cf. “Clarification of Status of Residence Standards for Foreign Business Owners” published by the Ministry of Justice).

This case is a case where it was found that there was no office required for a business manager visa.
It is obvious that there was no office, formally or in reality, from the description.

There is a point to note in relation to this case. An office needs to exist not only at the time of obtaining a business manager visa, but also during performance of management activities with a business manager visa.
Sometimes, we see people who misunderstand this point and cancel their office immediately after obtaining a business manager visa, which is a mistake.

Please be aware that the existence of the office is checked by the immigration office when you apply to extend your business manager visa.

This is similar to Case 4 above, but from this case as well, you can see that the presence of a social sign is emphasized in the immigration examination pertaining to business manager visas.

・ Install a signboard or plate with the company name at the entrance.
・ Install a plate with the company name on the mailbox.

Although these are just as a formality only, if you are planning to obtain a business manager visa, please conduct the above preparations.

This case is the combination of Case 1 and Case 3.

The points in this case are:
・ The office lease contract is concluded in the name of the business owner (or the company in case of company).
・ If the business owner is not a party to the lease contract, it is necessary to demonstrate the business owner’s right of use the property by showing the sublease contract and the consent of the lender to sublease.
・ It is necessary to clarify whether payments of expenses for shared facilities such as utilities are for business use or not.

Please take a note of the above points.

4. Summary of “An administrative scrivener explains the office requirements for permission for a business manager visa!”

There were some very detailed issues regarding the requirements regarding the office for obtaining a business manager visa, but we hope this article clarified the contents of such requirements.

In addition to our explanation above, the offices requirements may differ slightly depending on what business you are going to do.
For example, if it’s trading business which involves inventories, you will need to secure a space to keep such inventories. If it’s restaurant business, you will be required to install not only kitchen facilities but also tables and chairs for customers.

In other words, to obtain a business manager visa, you need to prepare equipment and secure space that will be necessary when actually carrying out business, other than just formally preparing an office.
Therefore, please note that even if an office is formally prepared, it may not meet the office requirements for the business manager visa in some cases.

We receive a certain number of inquiries from foreigners whose application for a business manager visa was rejected due to non-fulfillment of office requirements.
We would feel very sorry if you lose your high spirits because of failure to obtain a business manager visa right before starting your new life.

We hope that you will find correct information and exercise your management skills as a manager without any worries.