You know YC's question "How have you ever hacked a non-technical system?" This is my answer to it. You can start a side business on a regular work visa if the character of your business matches your status of residence and you don't intensify the business to the point where it is undeniable that it is a business as opposed to employment, e.g. by hiring full-time employees.
So, for example, if you were an engineer, and you happened to run a software company on the side, you could convince the Ministry of Justice to accept the argument that you were employed as an engineer by the 個人事業 (sole proprietorship) of you, which (since you have an engineering status of residence) doesn't require their pre-approval, and then (while establishing a record of e.g. tax paying and similar) bootstrap that into a renewal of your status of residence with yourself as the sponsor, and from there roll on to either a management/investor status of residence or one of the other more stable options.
For totally-not-a-lawyer gloss on this I'm happy to chat with anyone; you can make reasonable assumptions as to why I am fairly confident that the MoJ can be convinced to allow this.
You can't do that on an H1-B either.
I don't know how much difficult it is start your own business in Japan, for this Patrick is clearly the most knowledgeable person here, but once it's done, you just need to give yourself a salary to be able to renew your visa.
So if you're a freelancer with a bunch of active contracts they let you in.
Guess what the very problem it was supposed to solved still exists and immigration is increasing. They are just not getting Highly Skilled immigrants anymore, Strange world!
Netherlands does. Come here as a "highly skilled immigrant", learn the language and become a citizen in 5 years. If you marry a Dutch citizen (and stay married for 3 years), that number is reduced to 3.
You can apply for a Tier 1 (Exceptional Talent) visa if you’ve been endorsed in your field in science, humanities, engineering, medicine, digital technology or the arts as: 1. A recognised leader (exceptional talent) 2. An emerging leader (exceptional promise)
One minor correction: I think you can become eligible for permanent residency with consistent 1 year visas -- from what I understand as long as the TYPE of visa is unchanged and you've had the same type of visa for 5-7 years it counts well towards the (quite recently developed) points system they use. Previously, I thought it was just 5-7 years of same VISA and you're in a pretty good spot, but turns out there's a point system now.
Here's the official documentation (japanese, unfortunately): http://www.immi-moj.go.jp/english/tetuduki/zairyuu/eizyuu.ht...
It is true that if you have enough points on the highly skilled professional visa you can get permanent residence (PR) in only one year.
On a regular work visa you must have 10 years consecutive residence in Japan and "must hold the longest visa type available to you (for these purposes longest means 3 or 5 years)" (my rough translation).
I have consulted with an immigration lawyer on the topic of applying for PR with a 1 year visa and he confirms this.
Also, +1 for consulting with immigration lawyers. I employ/consult with one as well, and that's about the best information you can get, it's well worth the money (and usually the consultation is free) -- they're very unlikely to get the paperwork/process wrong.
The English page for immigration has lots of information, but it is quite vague and not wonderfully organized.
This is incorrect.
A friend of mine started a businesses on a work visa and I myself have even started a business on a student visa [1]. No legal problems. I just recently switched from "Student" to "Manager" visa, and immigration had no problems with the fact that the business was already running for over a year before I applied for my residence status to be changed.
[1] http://marui-plugin.blogspot.jp/2016/11/starting-company-as-...
So how does your friend renew his visa? Does he renew as a standard work visa and declare his company at the same time?
- It seems necessary to attract the young & creative types. First, because everyone is doing it. And, second, because Japan has has a rather huge problem, not just with age, but with a general lack of anyone doing anything new and/or different.
- But Japan happens to be off the charts when it comes to the desire not to mingle with foreigners. It's not that visible, or in the news, because they're less likely to openly show it, or engage in violence. But foreigners are in even lower regard than young people.[0]
So you end up with this sort of policy, that has exactly zero chance of attracting anybody unless they see some specific opportunity in Japan.
[0]: Case in point: the EU admitted 1.4 Million refugees in 2015&2016. US: 210,000, Canada: 120,000. Japan: 9.
Point out that Israel or Japan have immigration policy that are highly exclusive: wind blowing, tumbleweed..
Indeed, even though you have to pay all taxes like a local when you live in Japan, you can never benefit from stuff like pensions if you ever want to retire there.
It's worth checking diligently to make sure that you don't fall through some bureaucratic cracks in the system, but it seems surprisingly robust.
Mid-way through that three year visa, I quit, and created a consulting company. After consulting with an immigration lawyer, I was told it was "probably ok" to be the director of a company on an Engineering visa, so long as the primary thing I was doing was Engineering related. When my three year visa expired, I successfully had my own company sponsor it, and got another three year one, followed by a five year one. Last year, I successfully got PR here.
Its hard to say why you're continually getting one year visa renewals. If you're not already doing it, it could be worth having an immigration lawyer submit the application on your behalf. Because it was a cheap business expense (~80,000 JPY) compared to the cost of screwing something minor up, that's what I did for every renewal I did under my own company (for PR, I did it myself though).
I'd argue that Japan has a relatively friendly policy for skilled immigrants. To get a job as a developer here, all you need is a company that's willing to sponsor your visa and a university degree in a related field. As far as I'm aware, there's no onus on the company to prove they couldn't get a Japanese to fill the position, or quotas on the number of visas like there are in other countries (US for instance).
Furthermore, a great thing about Japanese working visas are that they aren't tied to a specific company, only the field of work (which they've made broader by combining several statuses into the Engineer/Specialist in Humanities/International Services visa category). This means once you have a visa here, you can easily switch jobs, and even if your company was to lay you off or you were to quit, you don't immediately need to return to your country.
What's more, Japan's introduced a points based system to give preferential treatment to highly skilled professionals. While the points they give create a bias towards someone coming from academia or working at a large well paying job, it makes it theoretically possible to get PR here without being married to a Japanese citizen after one year.
There are a lot of problems with Japan. I agree with you that the trainee visa is one big one. The lack of being able to get a clear answer about immigration status issues also makes it challenging, and encourages you to take a certain amount of risk in stepping into a grey area legally, which I understand will hold some people back. But for me personally, and other foreign entrepreneurs around me, it has made it possible to transition from being an employee to entrepreneur with relatively little investment compared to what is required in other countries.
If anyone is interested in more detail about transitioning from an engineer to entrepreneur here, I've written more about my experience here: http://www.tokyodev.com/2014/04/17/creating-company-japan/.
This startup visa is good for getting a toe-hold on Japan but only targets people out of country. If you live in Japan already (so you might already speak the language and have helpful local knowledge) there aren't any great paths to starting a business without permanent residency. You can't start a side business on a regular work visa. If you change your visa to manage the business and the startup failed you are likely to be "directed to return to your home country", losing all the residence time you have accrued so far.
I've been working as an engineer in Japanese startups for the past few years and I'm kept on 1 year visa renewals. On a one year visa you can never apply for permanent residency.
And on top of this, there is the 5 year "technical trainee" visa, which is a means of getting manual labor in the country temporarily without having to publicize it. All the people on this visa do not have university degrees so after their 5 years are up they must return home and have no chance of residence in Japan (outside of marriage).
Of course, Japan is free to set its own laws. If you look at them the message is clear: "Japan wants your work and taxes, but it doesn't want you"