Can an Employee's Spouse or Child Work Part-Time in Japan? Understanding "Permission to Engage in Activity Other Than That Permitted"

Japanese Attorney at Law - Bengoshi L.L.

• 7 min read

When foreign professionals relocate to Japan with their families, or when international students pursue their education, a common question arises: Can their dependents (spouses and children) or the students themselves undertake part-time work? While primary statuses of residence like "Dependent" (家族滞在 - Kazoku Taizai) or "Student" (留学 - Ryugaku) are granted for specific non-employment purposes, Japanese immigration law provides a mechanism for these individuals to legally engage in certain income-earning activities on a limited basis. This is achieved through the "Permission to Engage in Activity Other Than That Permitted by the Status of Residence Previously Granted" (資格外活動許可 - Shikakugai Katsudo Kyoka).

The Fundamental Principle: Activities Limited by Status of Residence

It's essential to first understand that each status of residence granted to a foreign national in Japan comes with a defined scope of permissible activities. For instance, a "Dependent" visa allows for daily life activities as a family member, and a "Student" visa is for educational pursuits. Engaging in income-earning employment outside these core activities, beyond very limited exceptions (such as sporadic, unsalaried activities not considered "work" in a formal sense ), requires specific authorization from the immigration authorities.

What is "Permission to Engage in Activity Other Than That Permitted"?

This permission, often referred to simply as "Permission for Other Activity" or "Part-Time Work Permit," is granted under Article 19, Paragraph 2 of Japan's Immigration Control and Refugee Recognition Act. Its purpose is to allow foreign nationals to undertake specific income-earning activities or activities involving remuneration that fall outside the scope of their primary status of residence.

Crucially, this is an ancillary permission; it does not change the individual's main status of residence. The primary visa (e.g., "Dependent" or "Student") remains in effect, and the "Permission for Other Activity" is an addition to it, allowing for specific, limited work.

Who Primarily Uses This Permission for Part-Time Work?

While various individuals might apply for this permission under specific circumstances, it is most commonly utilized by:

  1. Dependents (家族滞在 - Kazoku Taizai):
    • This includes spouses and children of individuals holding principal statuses of residence, such as most work visas (e.g., "Engineer/Specialist in Humanities/International Services," "Business Manager") or, in some cases, "Cultural Activities" or "Student" visas.
    • Their "Dependent" status intrinsically permits only "daily life activities" and does not authorize employment.
    • The permission allows them to engage in part-time work, which can help supplement household income, provide work experience, or facilitate greater integration into Japanese society.
  2. Students (留学 - Ryugaku):
    • This applies to individuals enrolled in Japanese universities, specialized training colleges (vocational schools), language institutes, and other recognized educational institutions.
    • Their primary purpose in Japan is education.
    • This permission enables them to undertake part-time jobs (commonly referred to as アルバイト - arubaito) to help cover living expenses, gain practical experience, or immerse themselves further in Japanese work culture.

General Conditions for Granting Permission

The Immigration Services Agency grants this permission based on several conditions, primarily ensuring that the ancillary work does not interfere with the holder's main purpose of stay:

  • Primacy of Original Status: The proposed part-time work or other activity must not hinder the pursuit of the activities for which the individual's primary status of residence was granted. For a student, studies must remain their priority; for a dependent, their role within the family unit and reliance on the sponsor should not be fundamentally altered.
  • Prohibited Types of Work: Even with this permission, engagement in certain industries is strictly forbidden. This most notably includes businesses related to adult entertainment, gambling, and other activities deemed contrary to public morals (風俗営業 - fuzoku eigyo and related businesses).
  • Nature of Work: The work undertaken with this permission is expected to be part-time or ancillary. It is not intended to facilitate full-time professional employment that would ordinarily require a specific work visa category.

The "Blanket Permission" (包括的許可 - Hokatsuteki Kyoka) for Students and Dependents

For students and dependents seeking to engage in general part-time work, the Immigration Services Agency often issues a "blanket permission" (包括的許可 - hokatsuteki kyoka). This is highly convenient as it is not tied to a specific employer or job. This means the holder does not need to re-apply for permission each time they change their part-time job, as long as the new work adheres to the conditions of the blanket permission (e.g., hour limits and industry restrictions).

Standard Work Hour Limits under Blanket Permission:

  • For "Dependent" Status Holders: Generally permitted to work up to 28 hours per week. This is a cumulative limit, meaning if they have multiple part-time jobs, the total hours across all jobs must not exceed 28 per week.
  • For "Student" Status Holders:
    • During regular academic semesters: Up to 28 hours per week.
    • During long school vacation periods as officially designated by their educational institution (e.g., summer break, spring break): Up to 8 hours per day. While this could theoretically allow for up to 40 hours a week if working five 8-hour days, the per-day limit is also a factor to observe.

Applying for the "Permission to Engage in Activity Other Than That Permitted"

The application process is relatively straightforward:

  • Application Submission: The application is made by the foreign national (the student or dependent) at the regional Immigration Services Agency office that has jurisdiction over their place of residence.
  • Timing of Application:
    • Students can often apply for this permission when they first enter Japan (if arriving at an airport where on-the-spot processing is available and their school supports it) or shortly after enrolling in their educational institution and receiving their Residence Card.
    • Dependents can typically apply once they have settled in Japan and received their Residence Card.
    • Crucially, this permission must be obtained before starting any part-time work.
  • Required Documents (General):
    • The official application form for Permission to Engage in Activity Other Than That Permitted by the Status of Residence Previously Granted (資格外活動許可申請書 - shikakugai katsudo kyoka shinseisho).
    • The applicant's valid Passport.
    • The applicant's valid Residence Card.
    • Students may need to provide their student ID card or a certificate of enrollment from their school.
    • Dependents may need to provide documentation confirming their status and the status of their sponsoring family member.
  • Application Fee: There is generally no government fee for this type of application.

If the permission is granted, it will be endorsed on the reverse side of the applicant's Residence Card. This endorsement will typically specify the general conditions, such as "Permission granted: Principle, activities not exceeding 28 hours per week (exceptions for specific activities if individually permitted)." The exact wording and any specific conditions should be carefully noted.

Validity and Renewal of the Permission

The "Permission to Engage in Activity Other Than That Permitted" is usually granted for a period that aligns with the expiration date of the holder's primary status of residence. It does not extend beyond the validity of their main visa.

Therefore, when the primary status of residence (e.g., "Student" or "Dependent") is due for renewal (Extension of Period of Stay), if the individual wishes to continue their part-time work, they must re-apply for the "Permission to Engage in Activity Other Than That Permitted" concurrently with or after their main status is renewed. The permission does not automatically carry over with the renewal of the primary visa.

Consequences of Violating Permission Conditions

Non-compliance with the terms of the "Permission to Engage in Activity Other Than That Permitted" can lead to serious immigration consequences:

  • Working Without Permission: Engaging in any income-earning activity without this permission (if required by one's primary status) constitutes illegal work (不法就労 - fuho shuro). This can result in penalties including deportation from Japan and a subsequent ban on re-entry for a number of years.
  • Exceeding Permitted Work Hours: Working more than the stipulated 28 hours per week (or 8 hours per day for students during designated holidays) is a violation of the permission's conditions.
  • Working in Prohibited Industries: Undertaking work in restricted sectors, such as adult entertainment businesses, is a serious offense and can lead to immediate revocation of permissions and deportation.
  • Negative Impact on Future Immigration Applications: Any violation can severely jeopardize future applications for visa extensions, changes of status, or applications for Permanent Residency, not only for the individual concerned but potentially also creating complications for their sponsoring family member.
  • Employer Liability: Employers also face penalties for illegally employing foreign nationals, including those who work beyond their permitted hours or in prohibited sectors without proper authorization. It is incumbent upon employers to verify a foreign national's Residence Card and any endorsements for part-time work permission.

"Individual Permission" (個別許可 - Kobetsu Kyoka) for Specific Activities

While the "blanket permission" with the 28-hour limit is standard for students and dependents engaging in general part-time work, there's also a system of "individual permission." This is for situations where a foreign national wishes to engage in a specific remunerative activity that doesn't fit the standard part-time work model or is for a different purpose. For example:

  • A person on a "Cultural Activities" visa who is invited to give a specific paid lecture.
  • A professional on a work visa (e.g., "Engineer/Specialist in Humanities/International Services") who wishes to undertake a distinct, paid side activity unrelated to their main employment (e.g., occasional freelance translation or weekend teaching at a private school, if deemed not to interfere with their primary job).

For such "individual permissions," the application must detail the specific activity, the contracting party (if any), the period, and the remuneration. If approved, the permission granted will be specific to that activity and not a general, blanket authorization. The application for this type of individual permission is typically made once the specific activity or engagement has been identified or unofficially decided.

Considerations for Employers of Part-Time Foreign Staff

When hiring foreign nationals who are students or dependents for part-time positions, employers in Japan have a responsibility to:

  1. Verify the Residence Card: Thoroughly check the applicant's Residence Card.
  2. Confirm Permission for Other Activity: Look for the official endorsement on the back of the card indicating that "Permission to Engage in Activity Other Than That Permitted" has been granted. Note any specified conditions, such as the 28-hour weekly limit.
  3. Respect Work Hour Limits: Implement systems to ensure that part-time foreign employees do not work more than their legally permitted hours. This is especially important if the employee holds multiple part-time jobs, as the limit is cumulative.
  4. Avoid Prohibited Industries: Ensure the nature of the work and the business environment do not fall into categories where foreign part-time workers with this permission are prohibited from working.

Failure to adhere to these responsibilities can lead to penalties for the employer under Japanese law for aiding or abetting illegal work.

Conclusion: Enabling Flexibility with Responsibility

The "Permission to Engage in Activity Other Than That Permitted" provides valuable flexibility for dependents of foreign employees and international students in Japan, allowing them to legally earn supplementary income, gain work experience, and further integrate into Japanese society. However, this privilege comes with strict conditions. Adherence to work hour limitations, industry prohibitions, and the requirement to obtain permission before commencing any work are essential for maintaining legal status. Both the foreign nationals availing themselves of this permission and the employers offering part-time opportunities must be fully cognizant of these rules to ensure compliance and avoid potentially severe immigration consequences.