The Japan Specialist in Humanities Visa / International Services Visa

Step 1

Confirm that the Applicant satisfies the preliminary requirements for obtaining a Japan Specialist in Humanities / International Services Visa.

There are several initial points that need to be confirmed prior to applying for a Specialist in Humanities / International Services Visa.

For those applying under Specialist in Humanities Visa

This is applicable where the Applicant will engage in activities that require knowledge in the humanities. This could include those working as translators, interpreters, or language instructors. The preliminary requirements are as follows:

1. The Applicant must have graduated from university and should have majored in a subject relevant to the activities she plans to undertake in Japan, or
2. She must have at least ten years' relevant experience. The ten years can include time spent majoring in a relevant subject at a university or certain other educational institutions, and
3. The Applicant must receive no less remuneration than would a Japanese national for comparable work.

For those applying under Specialist in International Services Visa

This is applicable where the Applicant will engage in activities that require ways of thinking or sensibilities that have their foundations in a foreign culture. The preliminary requirements are as follows:

1. The Applicant must plan to engage in activities such as translating, interpreting, language instruction, public services, transactions between Japan and overseas, fashion, interior design, or product development, and
2. The Applicant must have at least three years' relevant experience. However, three years’ experience is generally not required of Applicants who have graduated from university and plan to engage in translation, interpretation, or language instruction, and
3. The Applicant must receive no less remuneration than would a Japanese national for comparable work.

Special Requirements for those involved in International Arbitration

Japan strictly regulates the practice of law by foreign lawyers. However, in some situations, a foreign lawyer may be permitted to represent a non-Japanese client in an international arbitration case. This is dealt with in Article 58-2 of the Special Measures Act on the Handling of Legal Business by Foreign Lawyers (Act No. 66 of 1986).

Where the Applicant will be undertaking such work, the above requirements generally do not apply.

Step 2

Confirm that the proposed work in Japan is consistent with the activities permitted for the holder of a Specialist in Humanities / International Services 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 a Specialist in Humanities / International Services Visa are:

1. Activities that require knowledge of jurisprudence, economics, sociology, or other human science fields, or
2. Activities that require specific ways of thought or sensitivity based on experience with foreign culture.

Step 3

Assemble the documents required to support a Japan Specialist in Humanities / International Services 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 a Specialist in Humanities / International Services Visa application, the following documents are required:

1. From the organization 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 undertaking 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 a Specialist in Humanities / International Services Visa.

Note Regarding Tax Planning Opportunities for Specialist in Humanities / International Services Visa applicants.

Often, there are significant tax planning opportunities for the holder of a Specialist in Humanities / International Services 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 Specialist in Humanities / International Services Visa will spend time outside Japan on business.

In addition, if the Applicant will become the director of a Japanese company, both individual and corporate tax planning needs to be undertaken prior to the Applicant taking up her role. If proper planning is not undertaken, there is a high risk of disadvantageous tax treatment for both the company and the individual. This article discusses Issues in Structuring Compensation for Directors of Japanese Companies.

All these matters should be negotiated prior to finalizing the documentation needed for the Specialist in Humanities / International Services 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 Specialist in Humanities / International Services 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 Specialist in Humanities / International Services Visa application.

An application for a Specialist in Humanities / International Services 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 Specialist in Humanities / International Services 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 Specialist in Humanities / International Services Visa COE.

Step 5

Await Approval of the Specialist in Humanities / International Services Visa COE.

The processing time for a Specialist in Humanities / International Services 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 is handling the Specialist in Humanities / International Services 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 Specialist in Humanities / International Services Status of Residence (SOR).

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

Technically speaking, it is the Specialist in Humanities / International Services SOR that will form the basis of the Applicant actually living and working in Japan.

There are two methods for converting the COE to Specialist in Humanities / International Services SOR:

1. Exchange the Specialist in Humanities / International Services COE at a Japanese embassy or Consul outside Japan.

This is the traditional route for obtaining Specialist in Humanities / International Services SOR.

The Applicant first exchanges the Specialist in Humanities / International Services Visa COE for a Specialist in Humanities / International Services 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 Specialist in Humanities / International Services SOR at the port of entry.

2. Undertake a Change of Status to Specialist in Humanities / International Services SOR in Japan.

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

People living in Japan under Specialist in Humanities / International Services 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 Specialist in Humanities / International Services SOR

If the holder of Specialist in Humanities / International Services 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 Specialist in Humanities / International Services SOR leaves Japan

Before leaving Japan, the holder of Specialist in Humanities / International Services 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.