The Japan Engineer Visa

Step 1

Confirm that the Applicant satisfies the preliminary requirements for obtaining a Japan Engineer Visa.

There are several initial points that need to be confirmed prior to applying for an Engineer Visa. These requirements vary depending on the Applicants qualifications:

In general, an Applicant for an Engineer Visa must satisfy one of the following requirements:

1. Graduated from university and majored in a subject relevant to the duties which he plans to undertake, OR
2. Have at least 10 years relevant experience.

In addition, the applicant must receive no less remuneration than would a Japanese national for comparable work.

Special Requirements for Applicants who have Passed a Designated Technology Exam
(当該(とうがい)

Where an Applicant can demonstrate she has passed one of these specialist Japanese exams, the requirement is that the Applicant must receive no less remuneration than would a Japanese national for comparable work.

Step 2

Confirm that the proposed work in Japan is consistent with the activities permitted for the holder of an Engineer 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 an Engineer Visa are activities that require knowledge of at least one of the following:

1. Technology,
2. Physical science,
3. Engineering, or
4. Other natural science fields.

Step 3

Assemble the documents required to support a Japan Engineer 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 an Engineer Visa application, the following documents are required:

1. From the company that will be employing the Applicant:
   1. A copy of the company registration,
   2. A profit and loss statement, and
   3. Supporting documents that describe the company’s business.
2. From the Applicant:
   1. A diploma or a certificate of graduation showing a major relevant to the activities which the Applicant will undertake in Japan.
   2. Documents certifying the Applicants professional career.
3. Documents that certify the position the Applicant will be taking up 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 an Engineer Visa.

Note Regarding Japan Tax Planning Opportunities for Engineer Visa applicants:

Often, there are significant tax planning opportunities for the holder of an Engineer 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 Engineer Visa will spend time outside Japan on business.

All these matters should be negotiated prior to finalizing the documentation needed for the Engineer 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 Engineer 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 Engineer Visa application.

An application for an Engineer 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 an Engineer 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 an Engineer Visa COE.

Step 5

Await Approval of the Engineer Visa COE.

The processing time for an Engineer 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 Engineer 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 Engineer Status of Residence (“SOR”).

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

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

There are two methods for converting the COE to Engineer SOR:

1. Exchange the Engineer COE at a Japanese embassy or Consul outside Japan.

This is the traditional route for obtaining Engineer SOR.

The Applicant first exchanges the Engineer Visa COE for an Engineer 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 Engineer SOR at the port of entry.

2. Undertake a Change of Status to Engineer SOR in Japan.

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

Japan Residence Card

Whether you receive your Engineer SOR at the airport upon entering Japan or via a change of status application filed at a regional immigration office in Japan (see Step 6 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, Engineer SOR), period of stay, etc.

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

Step 7

Consider applying for a Japan Re-entry Permit.

Up until July 2012, if you held Engineer 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 Engineer SOR should ensure that they have a Re-entry Permit. This can be obtained at regional immigration office in Japan.

1. Japanese Tax for holders of Engineer SOR

People living in Japan under Engineer 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 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.

2. US Tax for holders of Engineer SOR

If the holder of Engineer SOR is a US citizen or green card holder, they will 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.

3. Taxes when the holder of Engineer SOR leaves Japan

Before leaving Japan, the holder of Engineer SOR 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 can result in significant tax savings.