Introduction
Foreign residents in Japan who exceed the work hours allowed under their visa status commit “overwork,” a violation that can significantly impact applications to change their status of residence, especially to Long-Term Resident. This article explains how overwork affects such applications, referencing official government sources and practical expertise.
What is Overwork (Unauthorized Activity)?
Overwork occurs when a foreign resident works beyond the scope permitted by their status of residence. For example, students and dependents authorized for part-time work are limited to 28 hours per week. Exceeding this limit constitutes a violation of immigration law. Overwork is treated as unauthorized employment and is subject to strict scrutiny in visa extension or change applications.
Impact on Change to Long-Term Resident Status
The Long-Term Resident visa is typically granted based on stable residency and good conduct in Japan. Immigration authorities assess past conduct, including compliance with work restrictions. Overwork is often deemed “bad conduct,” resulting in higher rejection risks for status change applications.
If family members also engage in overwork, this increases the risk further due to collective responsibility considerations under immigration law. In many cases, a minimum of 3 to 5 years without violation is required before applications may succeed.
How to Respond if Overwork is Discovered
- Precisely document and explain the overwork situation.
- Submit a letter of apology and detail corrective measures.
- Provide evidence of stable livelihood and family ties in Japan.
- Consult immigration professionals for tailored advice and application preparation.
- In severe cases, consider temporary departure and applying via Certificate of Eligibility.
Case Examples
Applications changing from student visas to work or Long-Term Resident visas often face rejection due to overwork disclosure. However, with proper documentation, including tax certificates and genuine explanations, some applicants have successfully obtained permission upon reapplication.
Managing family members’ compliance with work hours is equally important to avoid adverse impacts on the principal applicant.
Conclusion
Overwork seriously jeopardizes status change applications to Long-Term Resident in Japan. Honest disclosure of past violations, demonstrated remorse, and thorough preparation foster better chances for approval. Professional legal support is highly recommended to navigate these complex procedures effectively.
