Risks of Working Beyond the Scope of Your Permitted Activities in Japan#

For foreign nationals residing in Japan, any work-related activities must fundamentally fall within the scope defined by their status of residence. Individuals with statuses such as Student or Dependent who wish to engage in part-time work must first obtain a “Permission to Engage in Activity Other Than That Permitted” (Shikakugai Katsudo Kyoka) from the Immigration Services Agency. This permission carries restrictions not only on working hours but also on the type of work allowed. With the recent rise of new work styles, such as food delivery couriers, there is a growing risk of unintentionally exceeding the scope of this permission, which can lead to severe consequences. This article provides an objective explanation of the specific risks involved in engaging in activities beyond the scope of your permission.

Basic Rules of the “Permission to Engage in Activity Other Than That Permitted”#

This permission system allows foreign residents to supplementarily engage in income-earning activities, provided they do not interfere with the primary activities of their original status of residence. For the “comprehensive permission” typically granted to students and dependents, working hours are generally limited to “up to 28 hours per week.”

However, the time limit is not the only rule. There are also significant restrictions on the type of work permitted. For instance, working in establishments related to the adult entertainment industry is strictly prohibited. Another critical point to consider is the “form of contract.” The comprehensive permission is primarily intended for work performed under an employment contract with an employer. Activities conducted as an independent contractor or sole proprietor are generally considered outside the scope of this permission and require special attention.

Why Delivery Work Can Be an Unauthorized Activity#

Most food delivery couriers are not “employed” by the operating company. Instead, they work as “independent contractors” (kojin jigyonushi) under a “service agreement” (gyomu itaku keiyaku), performing their duties at their own discretion. Under Japanese immigration law, this type of work can be classified as “operating a business.”

As mentioned, the comprehensive permission typically granted to students is based on the premise of being “employed.” Operating a business as an independent contractor falls outside this scope. Therefore, working as a delivery courier carries a very high risk of being deemed “unauthorized work,” which is a form of illegal employment. Pleading ignorance of this rule is unfortunately not a valid defense against a violation.

Concrete Risks of Violating Immigration Rules#

Violating the rules of your permission can lead to the following serious consequences:

1. Denial of Visa Extension or Change of Status#

This is the most common and immediate risk. If a past violation is discovered during an application to extend your period of stay or to change your status to a work visa after graduation, your residency status will be judged as “poor.” Consequently, your application is highly likely to be denied, making it impossible for you to continue living in Japan. Overturning such a decision is extremely difficult.

2. Revocation of Your Status of Residence#

In cases where the violation is deemed malicious or if you have not engaged in your primary permitted activity for over three months, your status of residence itself may be revoked, even before its expiration date. This means you would lose your legal status to stay in Japan and be required to leave the country.

3. Subject to a Deportation Order#

Working without the necessary permission or significantly exceeding its scope constitutes “illegal work.” This is one of the grounds for deportation under the Immigration Control and Refugee Recognition Act. If discovered, you could be detained and ultimately deported to your home country.

4. Subject to Criminal Penalties#

The Immigration Control Act also includes penal provisions. Those who engage in illegal work may face “imprisonment with or without work for up to 3 years, a fine of up to 3 million yen, or both.” This means the matter could be treated as a criminal case.

How Are Violations Discovered?#

It is extremely risky to assume that a violation will go unnoticed if you don’t tell anyone. Violations can be discovered in several ways:

Documents Submitted for Visa Applications: When applying for a visa extension or change of status, you must submit documents like tax certificates that show your income. Discrepancies, income exceeding the permitted limit, or evidence of earnings as an independent contractor can be easily identified from these papers.
Tips from Third Parties: The Immigration Services Agency may launch an investigation based on information provided by employers, acquaintances, or other parties.
Police Investigations: If you are involved in a traffic violation, accident, or any other trouble, the police may check your residency and employment status, leading to the discovery of a violation.
Social Media Posts: Information about your work activities posted on social media could be discovered by the authorities.

Conclusion#

A part-time job that seems simple could lead to a critical situation that jeopardizes your education, career, and entire life in Japan. While the rules for the “Permission to Engage in Activity Other Than That Permitted” can be complex, they are essential regulations that must be followed while living in Japan. For new forms of work like being a delivery courier, it is crucial to carefully verify whether the contract type falls within the scope of your permission. If you are ever unsure or have questions, do not make assumptions. Instead, contact an official source like the Immigration Services Agency Information Center to obtain accurate information. Taking this precaution is vital to protecting your future in Japan.