Looking for advice on Visas and self employment

[GnyseGirl]

So,
I've been searching the internet for information on foreigners being self employed in Japan. I've been living in Japan for the last five years on a US military base. I've also been running my own business for the last year here.

Business is going fairly well. However, as the months go by I realize more and more that I really want to open my own business beyond the base. Despite the fact I feel I may be a little ignorant on how owning a business works in Japan. Furthermore, I never needed a visa to live and work on base so this "dream" I have poses some serious transitions for me and my status.

So far I found information on the different visas available. However, it seems to me that you either have to be a student or working for a company (w/ a stable salary). So, one of my main concerns is would it even be possible for a US citizen to start a business in Japan and sponsor their own visa?

Does anyone have some info that could lead me in the right direction. Such as resources on owning a business in Japan... Immigration specialist... consultants... anything would be appreciated. Please don't think I'm asking people to do the research for me. I'm just having a hard time trying to figure out who I can ask and get the correct information I'm looking for.

Please feel free to ask me anything I may have left out of my post. Also, I'm not sure if I even posted this in the right area, so if not please let me know and I'll move it.

 

[epigene]

Hi GnyseGirl!

My knowledge of starting up business in Japan comes only from newspapers, so I'll just give you my two yen.

Any foreigner is able to start up business in Japan, and you will be granted visa for that purpose. However, I understand that this depends on the size of your business (how many people you're going to employ, etc.).

I think it's best to consult your legal affairs office at your base first. They probably can give you guidance on where to go next and what to do. Japanese paperwork is complicated, so you'll need the assistance of specialists.
As long as you're willing to go through the process, I think it's possible for you to stay in Japan and run your own business.

Good luck!

 

[GnyseGirl]

Hi GnyseGirl!
My knowledge of starting up business in Japan comes only from newspapers, so I'll just give you my two yen.
Any foreigner is able to start up business in Japan, and you will be granted visa for that purpose. However, I understand that this depends on the size of your business (how many people you're going to employ, etc.).
I think it's best to consult your legal affairs office at your base first. They probably can give you guidance on where to go next and what to do. Japanese paperwork is complicated, so you'll need the assistance of specialists.
As long as you're willing to go through the process, I think it's possible for you to stay in Japan and run your own business.
Good luck!

Thanks for the advice Epigene,
I feel a little more optimistic after reading your post. As far as my Base legal office, They make it clear that they can't offer me any info. Crazy huh? It's almost like they want to prohibit doing anything outside of military ops. I was hoping I just talked to the wrong person, but I've been told this on several occasions by different people there. I also went to my Family support center (which is supposed to have resources on things that pertain to the host country of Japan) They also were no help. All they could tell me is,"Oh, I think you need a visa." I wanted to say ...Well, no $h!t Sherlock! They couldn't even give me a valid phone number to the immigration office in Tokyo. But that's not going to make me give up. After being in the military I learned getting what you really want is rarely easy but there's always a way if you keep at it.

 

[Pachipro]

What kind of business is it? Is your business a home based business or do you need to have an outside location? That is important in determining what type of company you will be designated as and the paperwork involved. Also, it will determine how much it will cost you for said paperwork.

Either way I still think you may need a Japanese sponsor for your visa.
---------------------------

Well I just noticed in another thread that you were a Braid Stylist. That may entail an outside location, but you can still do it from home maybe. If you have any Japanese friends I would suggest asking them to help you determine how much it will cost to set up a business. They can ask around and get answers for you.

An ouside location will cost you big bucks in up front money and you may even need to be licensed if the law requires it in Japan and you will most definitely need a Japanese sponsor. Good luck and don't give up if that is your dream.

 

[Mike Cash]

You need an immigration attorney.

In addition to all the visa stuff, you really ought to check into the legality of the sort of work you're doing with regards to professional licensure. Depending on the exact nature of the services you perform, you may or may not need to be a licensed beautician in Japan. I sort of doubt it, but this is one of the things you need to make sure of before you get too far along in planning this thing.

 

[GnyseGirl]

Thanks everyone for all the advice. As far as the licensed beautician thing goes. I'm Licensed by the State of michigan, So to work here I would just need to provide my license and perhaps test for the Japanese standards. I'm also federally registered in the US as a LLC (limited liabity Corp). So I'm not quite sure what would transfer over to Japan. An immigration attorney is definately a good idea. I'm going to look into seeing if I can find one that would take me on as a client. I do have a question about having a sponsor. What makes a company or individual qualify to be a sponsor? ☝

 

[Mike Cash]

Should it turn out that the particular services you provide require licensure, is your Japanese sufficient to pass the national exam for licensure as a beautician? There may very well be some reciprocal agreement respecting licenses issued in other countries, but I seriously doubt it.

Of course, it is far from certain that what you do would actually require a license. If it does require a license, however, that is the very first thing you have to look into taking care of. If a license is required and you are unable to obtain one, it makes the whole visa question moot.

One of the first sections of the law makes me think that your work does require a Japanese beautician's license:

（定義）
第２条 この法律で「美容」とは、パーマネントウエーブ、結髪、化粧等の方法により、容姿を美しくすることをいう。

The part in bold means "hair styling".


The license exam is only given twice a year, and consists of both a written and a practical exam.

Here is a link to the law regulating beauticians: http://tinyurl.com/g9tc9

If there will be two or more people working in your establishment, at least one of you must be licensed as a "managing" beautician. One must be licensed as a beautician (presumably in Japan, with a Japanese license) for at least three years before one can try for the managing beautician license. (第12条の３)

I would suggest going to the base barber shop or beauty salon and talking with one of the Japanese staff (if any) and asking if the procedures you do would fall under the purview of the law regulating beauticians or not.

Also, you might wish to ask around at the local VFW at Fussa among the retirees if they know anyone who has established a business and sponsored themselves for a visa in connection with it. They may prove to be a good source of practical information and advice.

 

[DoctorP]

Gloria,

Mike has given you a lot of good advice. I would add that you could try to get hired by AAFES or whoever handles the base barber/beauty shop where you are. Chances are that they would have to get a license for you to work there. (I have a friend I can ask tomorrow about this) If they do that, you may be half way home.

 

[Mike Cash]

I would add that you could try to get hired by AAFES or whoever handles the base barber/beauty shop where you are. Chances are that they would have to get a license for you to work there.

I'm afraid this isn't the sort of "collect a fee" license. This is the "ensure professional competency" sort of license. It's considered a matter of "public health". If, as it appears, a license is required, it would involve her obtaining one for herself, not working under someone else's. Sort of like how I have to have my own large truck and tractor-trailer licenses for what I do, and not work under somebody else's license.

In all actuality, she has most likely been violating Japanese law every single time she saw a customer here. But so long as she has confined her activities to the base, nobody has made a big deal out of it. If she were to get some sort of working visa (teaching English, etc) and continue to quietly see customers in her home or theirs she could probably keep right on working under the radar. But using her professional skills as the basis for obtaining a visa and establishing a business is a whole different kettle of fish.

 

[DoctorP]

I understood that part, what I was saying is that I believe the beauticians on base have licenses issued by authority in Japan. She would at least become "licensed" to work in Japan. Whether it be for herself or someone else. It was merely a starting point.

 

[Mike Cash]

I understood that part, what I was saying is that I believe the beauticians on base have licenses issued by authority in Japan. She would at least become "licensed" to work in Japan. Whether it be for herself or someone else. It was merely a starting point.

I think we may have zoomed right by each other.

A beautician's license covers the licensed individual and does not extend to coworkers. It is a matter of personal professional qualification, not a matter of somebody having a business license. Working with/under licensed Japanese beauticians would in no way permit her to work as a beautician, unless she has the license herself as well.

It's perfectly parallel to every truck driver in a company having to have their own professional drivers license and not being "covered" by somebody else's license.

There are student beauticians in Japan who seek preparation for licensure via on-the-job apprenticeship training under a licensed beautician working in a beauty shop, but they are extremely limited in what they are allowed to do until they have actually passed the licensing exam themselves. Primarily sweeping the floor and doing shampoos, I believe. Shampooing doesn't count as "hair styling", which is one of the activities specifically mentioned in the law controlling the activities of beauticians.

It's considered a matter of public health, which means every practitioner has to be qualified under the law.

The only question is whether or not the specific services she provides are or are not regulated by the law. It looks like they are; but she should seek advice from competent and informed professionals in the field for clarity on that.