Can Executives of Foreign Companies Use Intra-Company Transfer Visas for Japan?
Can Executives of Foreign Companies Use
Intra-Company Transfer Visas for Japan?
Executives and officers of foreign companies, including headquarters, subsidiaries, parent companies, and sibling companies, often face the decision of transferring to a Japanese entity.
However, these executives work as a senior management(SHIKKO YAKUIN), a director(TORISHIMARIYAKU), a auditor(KANSAYAKU) cannot utilize the intra-company transferee visa for such assignments. Instead, they must obtain either a Business Manager visa or a Highly Skilled Professional 1c visa.
Differentiating Visa Types for Executive Roles
The intra-company transferee visa is designed for employees working in Japan, not for executives acting in a directorial capacity. However, the distinction can become blurred if a foreign executive does not assume a role as a director(取締役) or executive officer(執行役員) under Japanese corporate law. For instance, a Managing Director might have significant authority over management and decision-making, qualifying for a higher-tier visa, while another MD with limited authority, akin to a sales role, might not.
Criteria for Business Manager Visa Eligibility For foreign executives to qualify for a Business Manager visa in Japan, several factors are crucial:
- The size and structure of the Japanese entity.
- The executive composition and the individual’s management experience.
- Regulations concerning the business operations and location of the parent company’s headquarters.
Particularly in cases where the Japanese subsidiary is small, these requirements become even more pertinent and should be carefully reviewed.
For foreign executives planning to transfer to a Japanese entity, understanding these visa distinctions and requirements is vital. As experienced immigration attorneys, we can provide guidance and support in navigating these complex regulations and ensuring compliance with Japanese immigration law.
Professional
Masakazu Murai
Immigration consultant, Financial advisor
He has 18 years experience in Investment Banking at Mitsubishi UFJ Morgan Stanley. He had provided financial advisory more than 500 entrepreneurs and senior management.
He currently supports many foreign entrepreneurs in Japan, taking advantage of the experience of an investment banker. He is the best expert of Business VISA in Japan.
Gyoseishoshi Immigration Lawyer
CMA(Japanese financial analyst license)
CFP (Certified Financial Planner)
MBA in Entrepreneurship