Japan's immigration system is built upon a framework of designated "statuses of residence" (zairyū shikaku), each permitting a foreign national to engage in specific activities for a defined period. A fundamental tenet of this system is the "one status of residence, one period of stay" principle. This principle dictates that a foreign national in Japan generally holds only a single status of residence at any given time, with a corresponding single, indivisible period of stay. But what happens when a foreign national wishes to engage in activities that span different categories, or take on a secondary role outside their primary visa scope? This article delves into this core principle, its judicial interpretation, and the legal mechanisms available for engaging in multiple types of activities in Japan.

The Foundation: Japan's System of Statuses of Residence

Under the Japanese Immigration Control and Refugee Recognition Act (hereinafter "Immigration Control Act"), a foreign national must, with few exceptions, receive a specific status of residence to land and reside in Japan. These statuses are detailed in Annexed Tables I and II of the Act and prescribe the scope of permissible activities. For instance, Table I includes work-related statuses like "Engineer/Specialist in Humanities/International Services," "Intra-company Transferee," "Skilled Labor," and "Investor/Business Manager," each tied to particular qualifications and activities. Table II covers statuses based on civil status or position, such as "Spouse or Child of Japanese National," "Permanent Resident," or "Student."

When a foreign national is granted landing permission, or later applies for a change of status or extension of their period of stay, immigration authorities determine a single status of residence and a corresponding period of stay. This period dictates how long the individual can lawfully reside in Japan under that specific status.

The "One Status of Residence, One Period of Stay" Principle Explained

The notion that a foreign national is granted one specific status of residence coupled with one specific period of stay, and cannot simultaneously hold multiple statuses or overlapping periods, is a cornerstone of Japanese immigration administration. This concept was clearly articulated by the Nagoya District Court on February 17, 2005 (Heisei 16 (Gyo-U) No. 11)[cite: 2, 66].

In its reasoning, the Nagoya District Court highlighted several aspects of the Immigration Control Act and its enforcement regulations that support this principle[cite: 2, 66]:

• Foreign nationals seeking to land in Japan must undergo an examination for a specific status of residence[cite: 2, 66].
• Foreign nationals residing in Japan do so under the one status of residence granted upon landing, or as subsequently changed or renewed[cite: 2, 66].
• Crucially, when a status of residence is determined, a corresponding period of stay for that status is always established[cite: 2, 66].
• Official documents granting landing permission, change of status, or extension of period of stay invariably list only one status of residence and one corresponding period of stay[cite: 2, 66].
• If a foreign national already possessing a status of residence wishes to lawfully remain in Japan beyond their permitted period, they must either apply for an extension of the period of stay under their current status or apply to change their status of residence to a different one[cite: 2, 66].

The court concluded from these procedural and substantive rules that a status of residence and its associated period of stay are considered an indivisible unit[cite: 2, 66]. Consequently, the Japanese immigration system does not permit a foreign national to simultaneously hold multiple statuses of residence or to have several periods of stay with different expiration dates[cite: 2, 66]. Each foreign national is, in principle, under one visa umbrella at any point in time.

Rationale Behind the Principle

The "one status, one period" principle serves several administrative and regulatory purposes:

1. Clarity and Control: It provides a clear framework for immigration authorities to manage and monitor the activities of foreign nationals in Japan. Associating each individual with a single, primary purpose of stay simplifies oversight.
2. Ensuring Purpose Adherence: It reinforces the idea that a foreign national is admitted to Japan for a specific primary purpose, as defined by their status of residence. This helps ensure that the activities undertaken align with the basis on which their stay was authorized.
3. Maintaining Integrity of Visa Categories: Each status of residence has distinct requirements and allows for a defined range of activities. Allowing multiple concurrent primary statuses could blur these distinctions and potentially undermine the specific criteria established for each category.
4. Statistical and Policy Accuracy: Tracking foreign residents by a single status allows for more accurate data collection, which informs immigration policy and labor market assessments.

Navigating Multiple Activities: "Permission to Engage in an Activity Other Than That Permitted under the Status of Residence Previously Granted"

While the "one status, one period" principle is fundamental, the Immigration Control Act acknowledges that foreign nationals might have legitimate reasons to engage in limited activities outside the scope of their primary status of residence. The primary mechanism for this is found in Article 19, Paragraph 2 of the Immigration Control Act, which provides for "Permission to Engage in an Activity Other Than That Permitted under the Status of Residence Previously Granted" (shikakugai katsudō kyoka - 資格外活動許可).

This permission does not grant a new or additional status of residence. Instead, it is an ancillary authorization that allows the holder of a valid primary status to engage in specific income-earning activities that would normally fall outside their visa's scope, provided certain conditions are met.

Conditions and Scope of Shikakugai Katsudō Kyoka

The granting of this permission is discretionary and typically subject to conditions, such as:

• The secondary activity must not hinder the performance of the activities permitted under the primary status of residence.
• The activity itself must be lawful and generally not involve adult entertainment businesses or other restricted occupations.
• For certain statuses, like "Student" or "Dependent," there are often explicit limitations on the number of hours permitted for such activities (e.g., generally up to 28 hours per week for students during the semester, with extensions during long vacations).

Examples of situations where this permission might be sought include:

• An individual with an "Engineer/Specialist in Humanities/International Services" status working as a software engineer who wishes to teach a weekly programming course at a university for additional income.
• A "Student" visa holder wanting to work part-time at a restaurant to help cover living expenses.
• A "Dependent" visa holder (e.g., the spouse of someone on a work visa) wishing to engage in part-time employment within the prescribed limits.

It's crucial to understand that shikakugai katsudō kyoka is always subordinate to the primary status of residence. The main activities authorized by the original visa must remain the foreign national's principal engagement in Japan. If the nature of the secondary activity becomes the primary focus, or if it significantly interferes with the original purpose of stay, this could lead to issues with immigration authorities.

Obtaining Permission for Other Activities

A foreign national must apply for and receive this permission before engaging in the secondary income-earning activity. The application is typically made to a regional immigration services bureau. If granted, the permission is often noted on the individual's residence card.

There are two main types of shikakugai katsudō kyoka:

1. Comprehensive Permission (包括許可 - hōkatsu kyoka): This is often granted to students or dependents, allowing them to work a certain number of hours per week in a variety of non-restricted jobs without needing to specify each employer in advance.
2. Individual Permission (個別許可 - kobetsu kyoka): This is required for those whose primary status is work-related, or for activities not covered by comprehensive permission. The applicant usually needs to specify the intended activity, employer, and working conditions.

Distinction from Changing Status of Residence

It's important to differentiate shikakugai katsudō kyoka from a "Change of Status of Residence" (zairyū shikaku henkō kyoka - 在留資格変更許可) under Article 20 of the Immigration Control Act.

If a foreign national's primary activity in Japan fundamentally changes – for example, a student graduates and secures full-time employment, or an intra-company transferee leaves their sponsoring company to start their own business – they must apply for a change of status to the one that accurately reflects their new primary activity. Simply obtaining shikakugai katsudō kyoka would not suffice in such scenarios, as the original status would no longer be their main purpose of stay. The "one status, one period" principle necessitates that the primary status accurately reflects the principal activities.

Implications of Non-Compliance

Engaging in income-earning activities outside the scope of one's primary status of residence without obtaining the necessary shikakugai katsudō kyoka is a violation of Japanese immigration law and can have severe consequences:

• Revocation of Status of Residence: Under Article 22-4 of the Immigration Control Act, a status of residence may be revoked if the foreign national, for instance, has engaged in activities that should be conducted under a different status of residence while neglecting their primary authorized activities.
• Deportation: Article 24 lists grounds for deportation. Engaging in activities for which one does not have authorization, especially if it's deemed that the individual is "solely engaging" in unauthorized work while neglecting their primary visa activities (Article 24, item 4, sub-item (a)), can lead to deportation proceedings.
• Criminal Penalties: Article 73 of the Immigration Control Act imposes penalties (imprisonment or fines) on foreign nationals who engage in activities related to the management of a business involving income or activities for which they receive remuneration, in violation of Article 19, Paragraph 1 (which restricts activities to those permitted by the status of residence, unless permission under Paragraph 2 is obtained).

The Japanese immigration authorities expect strict adherence to the terms of the granted status of residence. The system is designed to ensure that foreign nationals contribute to Japan in the manner anticipated by their visa category.

Practical Considerations for Individuals and Employers

For foreign nationals residing in Japan and for employers hiring them, understanding this framework is essential:

• Individuals: Must be clear about the scope of activities permitted under their primary status of residence. If considering any secondary income-generating activity, they should verify if shikakugai katsudō kyoka is required and, if so, apply for it before commencing the activity. They must also ensure that the secondary activity does not overshadow or conflict with their primary visa obligations.
• Employers: When hiring foreign nationals, especially for part-time or secondary roles, employers have a responsibility to verify that the individual possesses the appropriate authorization to undertake such work. This may involve checking their residence card for a primary status that allows such work or for a specific shikakugai katsudō kyoka endorsement. Relying solely on an individual's assertion of being permitted to work can be risky and may lead to the employer facing penalties for aiding illegal work if the foreign national is not properly authorized.

The Nagoya District Court ruling of February 17, 2005[cite: 2, 66], by affirming the "one status, one period" principle, reinforces the structured nature of Japan's immigration system. It underscores that any engagement outside the primary visa's scope must be formally recognized and permitted through established legal channels.

Conclusion

The "one status of residence, one period of stay" principle remains a fundamental element of Japan's immigration control framework. As clarified by judicial interpretation, such as the Nagoya District Court decision[cite: 2, 66], a foreign national is expected to operate under a single, clearly defined immigration status and its corresponding period of stay. This ensures administrative clarity and aligns a resident's activities with the primary purpose for which their stay was authorized.

However, the system is not entirely inflexible. For those wishing to engage in multiple or secondary income-earning activities, the "Permission to Engage in an Activity Other Than That Permitted under the Status of Residence Previously Granted" (shikakugai katsudō kyoka) provides a regulated pathway. This permission, however, is ancillary and does not negate the primacy of the original status of residence. Strict adherence to these rules, including obtaining prior permission for outside activities and ensuring the primary status remains the main focus, is crucial for maintaining lawful residence in Japan and avoiding serious legal consequences such as visa revocation, deportation, or criminal penalties.