Visa and the Office

In order to obtain a Certificate of Eligibility for a Status of Residence with a business purpose, you might need to conclude a lease agreement for an office first.

For instance, ensuring a business location is required for Business Manager status under Article 7(1)(2) of Immigration Control and Refugee Recognition Act and Ministerial Ordinance to Provide for Criteria Pursuant to Article 7, paragraph (1), item (ii):

(a) The facilities to be used as the office for the relevant business must be located in Japan.

According to guidelines issued by the Ministry of Justice (found here: http://www.moj.go.jp/nyuukokukanri/kouhou/nyukan_nyukan43.html), the following elements are required in principle:

  • The entity carries out the business activities occupying one specific area.
  • The continues to produce or provide  service or goods, having persons and equipment.

It is difficult to argue that the requirements are fulfilled when you use a monthly apartment or a stall etc. which is easy to cancel.

It is normal for people to lease a suitable property. In this case, the following should be included in the lease agreement:

  1. the business activity purpose such as business use, shop use, office use, should be specified;
  2. the entity name should be listed as the leasing party; and
  3. the purpose of the lease shall be for this entity’s use.

Though we do not recommend it, some people want to use their place of residence for the business. In this case, the following elements are additionally required:

  1. the landlord consents to the use of the property for a purpose other than residency;
  2. the lessor agrees to the use of the property for business by the said entity;
  3. the place has room to accommodate the business purpose and is equipped with the necessary facilities etc. to provide the business’ services;
  4. means are employed to clearly separate payments for expenses jointly incurred by both the business and by the tenants as residents such as the cost of public utilities between them; and
  5. an advertising display or business signs should be posted outside.

For your information, in exceptional cases and where the business has support from incubators, even if the lease is temporary, the use of the Jetro business support center (IBSC) and other incubation office providers etc may also be temporarily regarded as completion of the above office requirements.

Of course, these principles primarily relate to the business manager status of residence. However, the same principle may be able to be applied to other statuses of residence also.

For examples, please see the following links:

JETRO

http://www.jetro.go.jp/ext_images/invest/ibsc/locations/pdf/IBSC_Yokohama_J.pdf

Incubation Office

http://www.tokyo-kosha.or.jp/incubator/sumida/boshu/index.html

Private incubation office

http://www.samurai-incubate.asia/

http://www.tokyo-kosha.or.jp/incubator/others/

If you need agents to assist you in finding a space for rent, you might be able to contact one such as the following (please note we cannot guarantee their service):

http://www.plazahomes.co.jp/

http://www.en.regus.co.jp/?_ga=1.190227371.1684998000.1463639160

For your reference, some of persons use monthly apartment to reside in though I cannot grantee that you can obtain residence certificates from municipal offices.

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s