Transferring Key Personnel to Your Japanese Office: A Guide to the "Intra-company Transferee" Visa

For multinational corporations, the ability to strategically deploy talent across borders is crucial for global operations, knowledge sharing, and project execution. Japan's "Intra-company Transferee" (企業内転勤 - Kigyounai Tenkin) status of residence provides a dedicated pathway for transferring existing employees from foreign offices to their Japanese counterparts for a limited period. Understanding the nuances of this visa is essential for a smooth relocation process.

Defining the "Intra-company Transferee" Status

The "Intra-company Transferee" status is designed for individuals employed by a public or private organization that has a head office, branch, or other significant business presence outside Japan. These employees are transferred for a defined period to a business office in Japan that is part of the same corporate group (e.g., the Japanese head office, a branch in Japan, or a subsidiary/affiliate in Japan).

A critical aspect of this visa is that the activities the transferee will engage in while in Japan must fall within the scope of work permissible under the "Engineer / Specialist in Humanities / International Services" (GiHuman) status. This means the work must require specialized skills or knowledge in fields such as natural sciences, humanities, social sciences, or involve international services that leverage foreign cultural-based thinking or sensitivity. Simple or unskilled labor is not covered by this visa.

The core purpose is to enable multinational organizations to move their experienced personnel to Japan for specific assignments, ensuring operational consistency, facilitating knowledge transfer, managing projects, or contributing specialized expertise to the Japanese entity.

Key Eligibility Criteria for the Intra-company Transferee Visa

Several conditions must be met by both the transferring organization and the employee to qualify for this status:

1. Qualifying Relationship Between the Sending and Receiving Entities

The transfer must occur within a recognized corporate structure. This includes:

• Transfers within the Same Legal Entity: For example, an employee moving from a foreign head office to its Japanese branch, or from a foreign branch to the Japanese head office.
• Transfers to Closely Affiliated Companies (系列企業 - Keiretsu Kigyo): This is a common scenario and covers transfers between:
  • A parent company (either foreign or Japanese) and its subsidiary (either Japanese or foreign).
  • A subsidiary and another subsidiary of the same parent company.
  • Other relationships demonstrating a strong capital link (typically involving majority ownership or control) or significant operational interdependence. For instance, if a U.S. subsidiary and a Japanese subsidiary are both owned by the same parent company, an employee could potentially transfer between these two subsidiaries even if there is no direct investment link between the U.S. and Japanese subsidiaries themselves.

Robust documentation proving the capital relationship (e.g., shareholder registers, group organizational charts, investment documents, annual reports detailing group structure) is essential when the transfer is between distinct legal entities within the same corporate group.

2. Applicant's Prior Employment with the Sending Foreign Entity

This is a non-negotiable requirement. The applicant (the employee being transferred) must have been continuously employed by the sending foreign entity (e.g., the overseas head office, branch, parent, or subsidiary) for at least one year immediately preceding the application for the Certificate of Eligibility (CoE) or visa for the transfer.

Furthermore, the work performed by the applicant during this one-year qualifying period at the foreign entity must also have been of a nature that would fall under the "Engineer / Specialist in Humanities / International Services" (GiHuman) category. This means they must have been engaged in professional work requiring relevant technical skills or specialized knowledge.

3. Nature of Activities to be Performed in Japan

As mentioned, the work the transferee will undertake at the receiving Japanese office must align with the activities permitted under the GiHuman visa. This means the role in Japan must require:

• Skills or knowledge in natural science fields (e.g., engineering, IT, scientific research).
• Knowledge in humanities or social science fields (e.g., law (non-practicing roles), economics, business administration, marketing, finance).
• Services based on foreign cultural thinking or sensitivity (e.g., translation, interpretation, international trade, design based on foreign aesthetics).

The visa is not intended for roles that primarily involve simple labor or routine tasks.

4. Limited and Defined Period of Transfer

The "Intra-company Transferee" visa is for temporary assignments. The transfer to Japan must be for a limited and pre-defined period. While the status of residence can be renewed if the assignment continues, the underlying premise is not permanent relocation under this specific visa category. The intended duration of the transfer should be clearly stated in the employment documentation or transfer letter.

5. Remuneration Standards

The transferee must receive a salary or remuneration package that is equal to or greater than what a Japanese national would receive for performing comparable work in Japan. This is a standard provision across most Japanese work visas, aimed at preventing wage depression and ensuring foreign workers are not exploited.

An important clarification is that the source of the salary payment is flexible. It can be paid entirely by the Japanese receiving entity, entirely by the sending foreign entity (as part of an ongoing expatriate assignment), or through a combination of both. The key is that the total value of the compensation package relevant to their duties in Japan meets the "Japanese national equivalent" standard.

Distinguishing Features and Advantages

The "Intra-company Transferee" visa offers a distinct advantage over a direct application for the GiHuman visa in one key aspect:

• No Mandatory Academic Degree Requirement (for the Visa Itself): Unlike a direct application for the GiHuman visa, which typically requires a relevant university degree or a minimum of 10 years of professional experience (or 3 years for certain "International Services" roles), the "Intra-company Transferee" visa does not explicitly mandate a specific academic degree for the applicant. The primary focus is on the one-year prior continuous employment with the sending entity in a GiHuman-qualifying role. This can be particularly beneficial for experienced professionals who may not have a university degree directly aligning with their field but possess valuable skills and a proven track record within the company. However, it's crucial to remember the work itself in Japan must still be professional and GiHuman-level.

This feature makes it a more accessible route for companies to transfer experienced employees who have proven their capabilities within the organization, regardless of their formal academic credentials, provided their role in Japan is appropriately professional.

The Application Journey: Certificate of Eligibility (CoE)

For an employee residing outside Japan, the application process for the "Intra-company Transferee" visa almost invariably begins with obtaining a Certificate of Eligibility (CoE) from a Japanese immigration bureau. The CoE application is filed in Japan, typically by the receiving Japanese entity (the office in Japan that will host the transferee).

Similar to other work-related statuses, the documentation requirements for the CoE application can vary based on the category of the sponsoring/receiving Japanese company (Categories 1 through 4, determined by factors like size, listing status, and tax history). Category 1 and 2 companies generally face simplified document submission, while Category 3 and 4 entities (including newly established offices or smaller businesses) will need to provide more comprehensive information.

Core Documentation for an Intra-company Transferee CoE

While the precise list will depend on the company's category and the specifics of the transfer, key documents generally include:

From the Applicant (Employee):

• Completed CoE application form (Form L is typically used for "Intra-company Transferee").
• Recent passport-style photograph.
• Copy of the valid passport.
• Curriculum Vitae (CV)/Resume.
• Documentation proving at least one year of continuous employment with the sending foreign entity immediately prior to the transfer application, in a role that itself qualifies under GiHuman criteria. This often takes the form of:
  • An employment verification letter from the foreign (sending) company detailing current and past job titles, specific duties performed, and exact dates of employment for the relevant period (at least one year).
  • Possibly older employment contracts or pay stubs if needed to substantiate the one-year period and nature of work.

From the Receiving Japanese Entity and/or Sending Foreign Entity:

• Proof of the Relationship Between Entities:
  • For transfers within the same legal entity (e.g., head office to branch): Documents proving the legal existence of both the sending foreign office and the receiving Japanese office (e.g., foreign company registration, Japanese branch office registration - 登記事項証明書).
  • For transfers between affiliated companies: Documents clearly demonstrating the capital or control relationship (e.g., shareholder registers, official group organizational charts, investment agreements, excerpts from annual reports detailing the group structure).
• Transfer Documentation:
  • A formal letter of transfer or assignment (転勤命令書 - tenkin meireisho, or 辞令 - jirei) from the sending foreign company. This letter should detail the fact of the transfer, the employee’s current position, the intended position and detailed job duties in Japan, the duration of the assignment in Japan, and confirmation of any ongoing employment relationship or right to return to the sending entity.
  • An acceptance letter or employment contract from the receiving Japanese entity. This should reiterate the position in Japan, specific GiHuman-level job duties, the period of the assignment, the salary/remuneration details (specifying how it will be paid and by whom, and ensuring it meets the Japanese equivalent standard), and other working conditions.
• Information About Both Business Entities:
  • Receiving Japanese Entity: Company registration certificate, recent financial statements (Profit & Loss, Balance Sheet), company brochure or profile, and relevant tax documents (e.g., summary of withholding tax payments for established entities, or business plan and office lease for new setups).
  • Sending Foreign Entity: Company registration documents, company brochure or profile detailing its business operations.

Important Distinctions and Practical Points

• "Intra-company Transferee" vs. "Business Manager":
  • The "Intra-company Transferee" visa is for employees transferred to perform professional work at the GiHuman level. This can include managerial tasks if those tasks inherently require the specialized skills and knowledge typical of GiHuman roles (e.g., an engineering manager leading a technical team, or an international marketing manager developing strategies based on specific foreign market expertise).
  • The "Business Manager" visa, on the other hand, is for individuals whose primary role is the overall management (経営 - keiei) or administration (管理 - kanri) of the Japanese business entity itself. This includes top executives like company presidents or directors making broad strategic decisions for the Japanese operation.
  • A president of a foreign parent company intending to also serve as the president of its new Japanese subsidiary would generally apply for a "Business Manager" visa, not an "Intra-company Transferee" visa, as their role is top-level executive management of the Japanese entity.
• Changing Status After Arrival: An individual in Japan on an "Intra-company Transferee" visa is tied to that specific corporate group. If they wish to change employers to a company outside that group, they would need to apply for a "Change of Status of Residence" to a different appropriate visa, such as the standard GiHuman visa. In such a case, they would then need to fully meet all the criteria for that new visa, including any academic or extensive experience requirements that might have been less emphasized for the initial Intra-company Transferee entry.
• The Japanese Office Must Be a Legitimate Operation: Similar to the "Business Manager" visa, the Japanese office that will receive the transferee must be a properly established and functioning business location. Arrangements like merely sharing a desk in another unaffiliated company's office without a formal lease, proper registration for the transferee's company, or clear business signage would likely be deemed insufficient by immigration authorities.

The "Intra-company Transferee" visa is a valuable tool for global corporations facilitating the strategic movement of their personnel. However, success hinges on meticulously meeting the specific criteria related to the corporate relationship, the transferee's qualifying prior employment, and the professional, GiHuman-level nature of the intended work in Japan. Due to the detailed documentary evidence required, particularly concerning the affiliate relationships and employment history, careful preparation and, where necessary, professional immigration advice are strongly recommended.