Foreign nationals residing in Japan are granted a "status of residence" (在留資格 - zairyū shikaku) which dictates the scope of activities they are permitted to undertake, particularly concerning employment and income-generating pursuits. Engaging in activities beyond this authorized scope without specific permission can lead to severe consequences, including penalties and deportation. Article 19 of Japan's Immigration Control and Refugee Recognition Act (ICRRA) is the cornerstone provision governing this area. This article provides a detailed explanation of the general principles of permitted activities, the restrictions on remunerative activities, the system for obtaining permission for extra-status activities, and the repercussions of engaging in unauthorized work.

The Fundamental Principle: Activities Defined by Status of Residence

The Japanese immigration system is built on the premise that a foreign national's activities in Japan are, in principle, limited to those defined by their specific status of residence. The ICRRA, through its Appended Tables I and II, categorizes various statuses of residence, each with a corresponding description of permissible activities or civil statuses/positions.

• Appended Table I Statuses (Activity-Based): These statuses are granted based on the specific activities the foreign national intends to engage in, such as work (e.g., "Engineer/Specialist in Humanities/International Services," "Intra-company Transferee," "Skilled Labor," "Business Manager"), study ("Student"), cultural activities ("Cultural Activities"), or training ("Trainee," "Technical Intern Training").
• Appended Table II Statuses (Status/Position-Based): These statuses are based on the foreign national's civil status or position, such as "Spouse or Child of Japanese National," "Long-Term Resident," or "Permanent Resident." Generally, individuals holding these statuses have fewer restrictions on their permissible activities, including employment.

Article 19, Paragraph 1 of the ICRRA primarily addresses restrictions for those holding statuses of residence listed in Appended Table I. It establishes the general rule that such foreign nationals must not engage in activities involving the management of a business involving income or activities for which they receive remuneration (hereinafter "remunerative activities") other than those permitted under their specific status of residence. [cite: 1, 189]

This means, for example, a foreign national in Japan under a "Student" status is primarily expected to engage in study and is generally prohibited from undertaking paid work unless specific permission is obtained. Similarly, someone with an "Engineer" component of the "Engineer/Specialist in Humanities/International Services" status is authorized for engineering work but not, for instance, to independently run a restaurant business as their primary activity without a change of status.

Exceptions to the Restriction on Remunerative Activities

Article 19, Paragraph 1 itself provides minor exceptions to this general prohibition on unauthorized remunerative activities for those with Table I statuses. These include:

• Fees for lectures not performed as a business.
• Incidental remuneration in connection with daily life.
• Other remuneration specified by an Ordinance of the Ministry of Justice.

The Ministry of Justice Ordinance (Article 19 of the ICRRA Enforcement Regulations) further clarifies "other remuneration," which includes, for example:

• Remuneration for sporadic activities in daily life, such as providing translation or babysitting on an occasional basis, not as a regular business.
• Remuneration for activities (excluding those related to the operation of a business) performed based on an employment contract with an organization located outside Japan, such as being dispatched to Japan on a short-term assignment by a foreign employer, provided this activity is recognized as not interfering with the primary purpose of stay (often relevant for short business trips not falling under a full work status).
• Remuneration for activities that contribute to Japanese industry or culture and are deemed appropriate by the Minister of Justice.

These exceptions are narrowly defined and are not intended to allow substantial unauthorized employment.

The framework setting out these restrictions was significantly clarified by the 1989 amendments to the ICRRA, which aimed to create a more transparent and defined system regarding the scope of permissible activities for foreign nationals[cite: 1, 189].

Permission to Engage in Activity Other Than That Permitted (資格外活動の許可)

Recognizing that foreign nationals may have legitimate reasons to engage in activities outside their primary status, Article 19, Paragraph 2 of the ICRRA establishes a system for obtaining Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted (資格外活動の許可 - shikakugai katsudō no kyoka), commonly referred to as "permission for extra-status activities" or "part-time work permit" for students.

This provision states: "The Minister of Justice may, when an application has been submitted by a foreign national... if he/she finds reasonable grounds to deem it appropriate to grant the permission for the foreign national to engage in an activity involving the management of a business involving income or an activity for which he/she receives remuneration, which is not included in those activities set forth in the right-hand column of Appended Table I corresponding to the status of residence of said foreign national, grant the permission, provided that said activity does not impede the carrying out of the activity under the status of residence of said foreign national." [cite: 1, 197]

Key Conditions for Permission:

1. Application by the Foreign National: The permission must be applied for by the foreign national.
2. Reasonable Grounds for Appropriateness: The Minister of Justice must find "reasonable grounds to deem it appropriate to grant the permission." This is a discretionary judgment.
3. Non-Interference with Primary Activity: The intended extra-status activity must not hinder the performance of the activities associated with the foreign national's primary status of residence. For example, for a student, part-time work should not negatively impact their studies.
4. Scope of Permissible Extra-Status Activities: While the provision allows for permission for remunerative activities, there are limitations. Generally, permission is not granted for activities that are considered "simple labor" (単純労働 - tanjun rōdō) or for activities related to adult entertainment businesses (風俗営業 - fūzoku eigyō) or other businesses deemed detrimental to public morals[cite: 1, 199]. The definition of "simple labor" is not exhaustively codified but is determined by immigration authorities based on the nature of the work, typically referring to unskilled or manual labor not requiring specialized knowledge or skills.

Types of Permission:

• Comprehensive Permission (包括的許可 - hōkatsuteki kyoka): Often granted to students, allowing them to work part-time up to a certain number of hours per week (typically 28 hours, and up to 8 hours per day during long school vacations) in a variety of jobs (excluding the prohibited categories). This provides flexibility without needing individual permission for each job.
• Individual Permission (個別的許可 - kobetsuteki kyoka): Required for activities not covered by comprehensive permission or for foreign nationals with statuses other than "Student" (e.g., "Dependent") who wish to engage in part-time work. The specific employer and type of work are usually specified.

The system for granting this permission was also clarified and formalized by the 1989 amendments, which distinguished between activities that are inherently part of a status (like those for "Permanent Resident") and those that require special permission for Table I status holders.

Revocation of Permission for Extra-Status Activities (Article 19, Paragraph 3)

If a foreign national who has received permission for extra-status activities no longer meets the conditions or violates them, the Minister of Justice may revoke this permission (Article 19, Paragraph 3). Grounds for revocation include:

• Obtaining the permission by false or other illicit means.
• Violating the conditions attached to the permission (e.g., working more hours than permitted).
• Ceasing to engage in the activities associated with their primary status of residence for three months or more without a justifiable reason (this indicates that the basis for their original stay, and thus the ancillary extra-status permission, is no longer valid).

Consequences of Engaging in Unauthorized Activities

Engaging in remunerative activities beyond the scope of one's status of residence without the necessary permission, or in violation of the conditions of such permission, can lead to serious legal consequences:

1. Penal Provisions:

• Engaging Exclusively in Unauthorized Remunerative Activities: If a foreign national is found to be "exclusively engaging" (専ら行っている - moppara okonatte iru) in unauthorized remunerative activities, meaning these unauthorized activities have effectively become their primary purpose of stay, they are subject to severe penalties. This includes imprisonment for up to 3 years, a fine of up to 3 million yen, or both (ICRRA, Article 70, Paragraph 1, Item 4). The phrase "exclusively engaging" implies that the original main activity of the status of residence has been abandoned in favor of the unauthorized work.
• Other Unauthorized Remunerative Activities: If the unauthorized remunerative activity is not deemed "exclusive" but is still performed without permission, the penalties are imprisonment for up to 1 year, a fine of up to 2 million yen, or both (ICRRA, Article 73)[cite: 1, 374]. This covers cases where the foreign national might still be nominally pursuing their primary activity but is also working illegally on the side.
• Violation of Conditions of Permission: Violating the conditions of a granted permission for extra-status activities (e.g., working beyond permitted hours) can also lead to penalties, though these are generally less severe than engaging in completely unauthorized work.

2. Deportation:

• A foreign national found to be "exclusively engaging" in unauthorized remunerative activities in violation of Article 19, Paragraph 1, is subject to deportation (ICRRA, Article 24, Item 4, Sub-item (a))[cite: 1, 371]. This is a serious consequence that results in removal from Japan and a subsequent ban on re-entry for a specified period (typically 5 or 10 years).
• While engaging in non-exclusive unauthorized work (punishable under Article 73) is not directly a ground for deportation in itself, if the individual is sentenced to imprisonment for this offense, it could potentially trigger other deportation grounds related to criminal convictions (e.g., Article 24, Item 4, Sub-item (he) if sentenced to imprisonment with or without work for violating Article 73).

3. Impact on Future Immigration Applications:

Any history of engaging in unauthorized activities, even if it does not lead to immediate deportation, can negatively impact future applications for extension of period of stay, change of status of residence, or permission for permanent residence. Immigration authorities will consider past conduct when assessing the suitability of an applicant for future immigration benefits.

Practical Implications for Foreign Nationals and Employers

• For Foreign Nationals: It is paramount to understand the exact scope of activities permitted under one's status of residence. If there is any doubt, or if one wishes to engage in remunerative activities not clearly covered, applying for Permission to Engage in Activity Other Than That Permitted is essential. Ignorance of the rules is generally not an accepted defense.
• For Employers: Companies hiring foreign nationals have a responsibility to ensure that their employees are authorized to perform the work for which they are hired. This involves verifying the foreign national's status of residence and any permissions for extra-status activities. Employing a foreign national for activities outside their authorized scope can lead to penalties for the employer under the "promoting illegal employment" provisions (ICRRA, Article 73-2).

Conclusion

Article 19 of the ICRRA establishes a clear framework: foreign nationals in Japan with activity-based statuses of residence (Appended Table I) are generally restricted to the activities defined by their status and are prohibited from engaging in other remunerative work unless they receive specific permission. The "Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted" offers a legal pathway for undertaking additional work, subject to conditions designed to ensure it does not detract from the primary purpose of their stay and is not for undesirable activities like simple labor. Violations of these rules carry significant risks, including criminal penalties and deportation. Therefore, strict adherence to the authorized scope of activities and proper utilization of the permission system are crucial for foreign nationals to maintain a lawful and stable residence in Japan.