Can foreign nationals on a Skilled Worker Visa work on-site?

Introduction

This article is intended for

companies considering hiring foreign nationals (for on-site labor) who:

 

• Want to assign on-site work to employees holding a Technical, Humanistic Knowledge, or International Business Visa

• Have heard that other companies are doing this

• Have been told by staffing agencies or acquaintances that there are no issues

 

This content is aimed at such companies.

 

Conclusion

As a general rule,

it is not permitted to perform unskilled on-site labor under a Technical, Humanistic Knowledge, or International Business Visa.

 

In practice, making a mistake here

can lead to visa renewal denials or risks related to residency status.

 

Assumptions Underlying the System

“Technical, Humanistic Knowledge, and International Business” is

a status of residence based on the premise of work requiring specialized knowledge and skills.

 

Therefore,

・Routine tasks

・Jobs that primarily involve physical labor

 

These are excluded.

 

Common Misconceptions

・It’s fine as long as it’s done alongside actual work.

・It’s okay as long as it’s under the guise of training.

・It’s fine because other companies are doing it too.

 

All of these are risky ways of thinking.

 

Why Is This an Issue?

The review will examine the following:

 

・The actual duties you perform

・The main content of your work

・Consistency with your explanation

 

The assessment focuses primarily on “what you do.”

 

Real-World Examples (Discrepancies Between Job Titles and Actual Roles)

In the restaurant industry,

here are two cases where foreign nationals were hired under the Technical, Humanistic Knowledge, and International Business Visa.

 

Company A:

・Store Manager (management of multiple stores, sales analysis, planning)

→ Focused primarily on planning and management duties

 

Company B:

・Store Manager (customer service, on-site operations)

→ Focused primarily on on-site duties

 

Result:

Company A: Approved

Company B: Denied

 

Why the Outcomes Differed

・Decisions are based on job duties, not job titles

・What are the primary duties?

・Decisions are made on a case-by-case basis

 

Practical Points

Even if the work includes some on-site duties,

the relationship to auxiliary, temporary, or specialized duties is important.

 

If the work primarily consists of on-site duties,

it will not be consistent with the status of residence.

 

Common Scenarios in Real-World Practice

・Specialized duties upon joining the company

・Assigned to the field to gain an understanding of operations

・Continued working in the field

 

The Perspective That Residence Status Is Not “Fixed”

For Japanese employees, department transfers and changes in job titles are handled entirely through internal company procedures.

 

However, for foreign employees,

・Notification

・Change of residence status

 

may be required.

 

Key Points (Investment Risks)

Specific Skilled Worker → Technical Intern Training Program, for example

If the nature of your work changes,

 

you may need to change your status of residence.

 

If you fail to address this,

you run the risk of having your residence status renewal denied, among other consequences.

 

Key Perspectives

Even if it makes sense from the company’s perspective,

it does not necessarily mean it meets the requirements for a status of residence.

 

Approach to Handling the Situation

・Clarify the scope of duties

・Confirm the relationship with the status of residence

・Plan in advance

 

Summary

“Specialized Skills, Humanities, and International Business” is

a status of residence based on the premise of performing specialized work.

Hiring foreign workers isn’t just about “recruitment”—“operational planning” is also crucial.

 

If you’re unsure about a decision, we recommend consulting with an expert in advance.

Please feel free to contact us if you need specific guidance.