Freelance and sole proprietor Visa

Japan's residence status system does not include a specific visa category named “Freelance Visa.” To work as a freelancer, you must apply under an existing work-related visa that applies to your activities. In most cases, this is the "Engineer/Specialist in Humanities/International Services" , which covers roles such as IT engineers, designers, translators, and consultants. This article details the specific requirements for this visa and explains key points particularly important for freelancers.

1. Main Requirements for Application

This visa targets foreign nationals engaged in specialized work requiring professional knowledge, such as IT engineers, designers, translators, and consultants. To obtain it, applicants must primarily meet the following requirements:

• Education/Work Experience Requirements::

Meet one of the following criteria:
Education	Work experience
Associate degree or higher	Graduation from a Japanese vocational school	Technical/Humanities field	International Business field
10+ years	3+ years

• Nature of Work: Must align with the visa definition, such as “work utilizing acquired technical skills/knowledge” or “work based on foreign culture.”

·         Remuneration: Must receive wages equivalent to or higher than those paid to Japanese nationals performing the same work.

2. Key Points Particularly Emphasized When Applying as a Freelancer

Unlike employment contracts, applications as a freelancer (sole proprietor) tend to undergo stricter scrutiny because stable income cannot be guaranteed. Immigration authorities focus not merely on the fact that “income exists,” but critically assess whether “that income is continuous and stable.”

To prove this, the following elements are crucial points of review:

• Long-term contracts: It is preferable to have contracts with at least one company for a minimum period of one year, rather than one-off projects.

• Multiple clients: Having contracts with only one company can raise suspicions about income instability, so contracts with multiple companies are recommended.

• Income stability: It is necessary to demonstrate that stable, continuous income is expected throughout the year.

• Objective Proof: Objective proof of income must be provided through documents such as business consignment agreements or contract agreements clearly stating the scope of work, contract period, and compensation.

• Skills and Track Record: It is also important to demonstrate, based on past work history and educational background, that stable, ongoing contracts are reasonably expected.

Obligations Freelancers Must Comply With After Acquiring visa

Even after acquiring residence status, freelancers, unlike salaried employees, must personally fulfill some administrative obligations. Failure to do so may significantly impact the renewal of your visa.

• Tax Return Filing Obligation: As a sole proprietor, you are obligated to file a tax return with the tax office by March 15th each year. Failure to file your tax return may lead to delinquency in tax and social insurance premiums, placing you at a disadvantage during visa renewal.

·         Tax and Social Security Payments: Foreign residents in Japan are generally legally required to enroll in the National Pension and National Health Insurance. Failure to pay resident tax or social insurance premiums is a major factor directly leading to denial of residence period renewal.

• Notification of Address Change: When moving, you must notify your municipal office within 14 days of starting residence at the new address. Failure to fulfill this notification obligation without a valid reason may result in a fine of up to ¥200,000.

• Notification Regarding Affiliated Organizations: If you enter into a new business contract or terminate an existing one, you must notify the Immigration Services Agency within 14 days each time. If you have multiple contracting parties, you must report all of them. Failure to report may be viewed as a lack of compliance awareness and could result in disadvantages.

Risks of Violations and Penalties

Failure to fulfill the above obligations may result in serious penalties, including:

• Unauthorized Activities: Engaging in paid work outside the scope of your authorized status may constitute an offense of unauthorized activities and lead to deportation.

• Failure to fulfill various notification obligations: Failure to report a change of address carries a fine of up to ¥200,000. Failure to report changes in affiliated institutions may adversely affect future visa renewals or permanent residency applications.

• Failure to fulfill tax and social security obligations: Delinquency or non-payment of taxes and social insurance premiums directly leads to denial of residence period extensions or permanent residency applications.