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Is it legal to live in Japan on a work visa with no job?

 
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okyokotokyo



Joined: 18 Nov 2006
Posts: 10

PostPosted: Tue Aug 26, 2008 3:31 am    Post subject: Is it legal to live in Japan on a work visa with no job? Reply with quote

Hello,
I moved to Tokyo last year. The international school I got a job with granted me a three-year work visa. After the first year, I quit. Now, I teach only private lessons. My monthly income from private lessons is about 176,000 yen.

Someone told me that they heard it's illegal to live in Japan if you're not working for a company. Can someone please tell me more information about this, if you know?

The only way I can understand it being illegal is because taxes are not being paid on my income. I tried to go the ward office to figure out the tax situation last month, but they waved me away because of (1) the language barrier (I can barely discuss taxes coherently in English) and (2) my job ended in July, so I think I was probably still in the system as having paid taxes up to July.

Now it is August, and I'm concerned about one day going to the bank to find my accounts have been garnished by the government to pay backtaxes (this happened to a friend in my same ku).

It seems like I could just claim to be looking for a job for a few months and therefore have no income to tax.

So, my questions are:
1. If I have a work visa, am I required to work for a company?
2. How likely is it that the government will become interested in my not paying taxes for a while?
3. How do I report taxes on private lessons?
4. Has anyone been in a similar position?

The situation is slightly complicated by the fact that things keep coming up where I need to leave the country for a couple weeks to a month at a time (relatives getting married back home, vacations, etc.), and at those times I am truly not making any income to tax. (Maybe that's not complicating the situation at all, but it's another thing to consider.)

I appreciate your help.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Tue Aug 26, 2008 12:16 pm    Post subject: Reply with quote

From the immigration web site Q&A.
http://www.immi-moj.go.jp/english/tetuduki/zairyuu/qa.html

Quote:
Q17 I heard that my status of residence would not be revoked even if I fail to engage in my intended activity relating to my status of residence for three months because of "justifiable reason." It is true?
A.

Your status of residence will not be revoked even if you stay in Japan with one of the statuses of residence as listed in Annexed Table I of Immigration Control Act (Engineer, Skilled Labor, College Student, etc.) and have "justifiable reason" for failing to engage in your intended activity relating with your status of residence for three months. The immigration control authority listens to your opinions when evaluating if or not you have " justifiable reason" on a case-by-case basis. For example, the immigration control authority might not revoke your status of residence in the following cases because you are regarded as having " justifiable reason."

1. After losing your job due to bankruptcy of your employer, you go about getting a job, including actually visiting a company for an interview in order to seek for a new job;
2. After Japanese-language school you have been attended was closed down, you are working on necessary procedures to enter a different Japanese-language school; or
3. You need long-term hospitalization for medical treatment and have no choice but to take a temporary leave from university, but intend to go back to the university after coming out of the hospital.


Personally, I can't see how you could enjoy living on subsistence wages in Tokyo.
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okyokotokyo



Joined: 18 Nov 2006
Posts: 10

PostPosted: Tue Aug 26, 2008 3:33 pm    Post subject: Reply with quote

Thanks a lot for your help.

As for how I live on such income: While I am making subsistence wages now, my last job paid really well so I have a lot of (dwindling) savings. I haven't noticed any change in lifestyle except that I had to stop shopping so much. I eat out more often than I should and spend a lot at the bar maybe twice a month, but other than that I usually just stay home and read, write, or study Japanese. The most annoying expense for me lately is train fare. And utilities.

I wonder if I got a part-time job if that would count as "engaging in my intended activity"? If so, I wonder if I'd have to meet a certain quote of hours, like 15-20 hours a week. I mean, there are "part-time jobs" that are only teaching like one Saturday a month or something, but it just doesn't seem like the government would consider that any better than not working at all.

I have two more months before my legality expires so I guess it's something I need to research more. Thank you, though.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Tue Aug 26, 2008 9:55 pm    Post subject: Reply with quote

If you already have a visa, then it doesn't matter much if you work PT or FT, so there is no real "bare minimum" number of hours you must work just to retain the visa. (again, confirm this with immigration if you like)

As for spending a lot on trains, is that for your private lessons? I would charge for that as part of the fees.
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southofreality



Joined: 12 Feb 2007
Posts: 579
Location: Tokyo

PostPosted: Wed Aug 27, 2008 5:05 pm    Post subject: Re: Is it legal to live in Japan on a work visa with no job? Reply with quote

okyokotokyo wrote:
Hello,
I moved to Tokyo last year. The international school I got a job with granted me a three-year work visa. After the first year, I quit. Now, I teach only private lessons. My monthly income from private lessons is about 176,000 yen.


Get a part-time job (8 - 10 hours per week should be fine), keep accurate records of the private students you teach and the money you make, put aside money for taxes, and file the correct tax paperwork. On top of this, you can register your private lessons as a sole proprietorship business (個人事業 - kojin jigyou). Just call your business Bob's Mobile English or something like that. That should make you pretty much square, except for the fact that you're supposed to be enrolled in a public health insurance scheme and are supposed to pay into the pension system here.

If you decide to go for self-sponsorship with your next visa, you might run into trouble if you haven't kept up with this stuff.

http://www.sevententotokyo.com/start-a-business-in-japan-or-die-trying-sole-proprietorships/

http://japanordie.com/2008/07/japans-national-health-insurance-and-pension-systems/

Good luck.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Wed Aug 27, 2008 9:28 pm    Post subject: Reply with quote

southofreality,
Do you know anyone who has actually created a sole proprietorship and used that to get self-sponsorship?
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Yawarakaijin



Joined: 20 Jan 2006
Posts: 504
Location: Middle of Nagano

PostPosted: Thu Aug 28, 2008 12:00 am    Post subject: Reply with quote

Little off topic. Has anyone ever been asked/suggested to get a sole proprietorship by their boss. Mine floated it to me a while back and while on the surface it seemed like a good idea, my spidey sense started tingling a bit.

I would still continue to work for him but I am guessing that I wouldn't technically be an employee of his anymore. I'm just wondering if there is some kind of 3 year rule coming into effect. Most teachers havent stayed with our organization as long as I have.

I wonder if after 3.5 years of full time employment there is something kicking in that would have him suggest that I register as a sole proprietorship. Perhaps something to do with having to enroll me in the pension system ,as a sole proprietorship I imagine that responsibility would become mine and mine alone. Perhaps it is because letting long term employees go is difficult, should the situation ever arise.

Just to be clear though. My boss has never been anything less than a stand up guy and has been very generous to me and all other employees. It just seems that perhaps applying as a sole proprietorship would be weakening my situation both financially and perhaps in terms of stability as well.
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southofreality



Joined: 12 Feb 2007
Posts: 579
Location: Tokyo

PostPosted: Thu Aug 28, 2008 3:19 am    Post subject: Reply with quote

Glenski wrote:
southofreality,
Do you know anyone who has actually created a sole proprietorship and used that to get self-sponsorship?


Not solely with a sole proprietorship, but with a part-time job and a sole-proprietorship. The PT job's hours are minimal (8 - 10 per week). He derives most of his income from his private teaching business. He was able to get a 3-year self-sponsored visa with this situation.
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