As an Indian citizen working in Japan on a 5-year Engineer/Specialist in Humanities/International Services visa (commonly referred to as an "engineering visa"), transitioning to freelance work is feasible under certain conditions. Here's a comprehensive guide to help you navigate this process:
- Understanding Your Current Visa Status
Your current visa permits you to engage in activities that require skills in engineering, humanities, or international services, typically under an employment contract with a Japanese organization. However, it doesn't inherently prohibit freelance work, provided the nature of the freelance activities aligns with the scope of your visa.
- Transitioning to Freelance Work
To legally undertake freelance work under your existing visa, consider the following steps:
Ensure Alignment with Visa Activities: Your freelance work must involve tasks that fall within the categories specified by your visa, such as engineering or IT-related services.
Obtain a "Permission to Engage in Activity Other Than That Permitted by the Status of Residence Previously Granted" (Shikakugai Katsudo Kyoka): If your freelance activities extend beyond the scope of your current visa, you must apply for this permission from the Immigration Services Agency of Japan. This permission allows you to engage in additional work activities not originally covered by your visa.
- Application Process for Additional Work Permission
Prepare Necessary Documents: These may include a completed application form, a detailed description of the intended freelance work, contracts or agreements with prospective clients, and proof of your current employment and visa status.
Submit the Application: File your application at the regional immigration office that has jurisdiction over your place of residence.
Await Approval: Processing times can vary, so plan accordingly. Once approved, you'll receive a permit specifying the additional activities you're allowed to undertake.
- Considerations for Freelancing
Income Stability: Demonstrating a stable income is crucial, especially if you plan to renew your visa in the future. Ensure that your freelance work provides sufficient and consistent earnings.
Tax Obligations: As a freelancer, you're responsible for filing your own taxes in Japan. Ensure compliance with all tax regulations to avoid legal issues.
Social Insurance: Enrollment in the National Pension and National Health Insurance schemes is mandatory, even for freelancers. Register at your local municipal office to ensure compliance.
- Alternative Option: Self-Sponsorship
If you prefer not to rely on your current employer for visa sponsorship, you can pursue a self-sponsored visa. This involves demonstrating sufficient income from multiple clients and proving your ability to sustain yourself financially in Japan. The process requires meticulous documentation, including contracts and proof of income.
- Professional Consultation
Given the complexities involved, it's advisable to consult with an immigration lawyer or a certified administrative procedures specialist (gyosei shoshi) to ensure all legal requirements are met and to facilitate a smooth transition to freelance work.
Conclusion
Transitioning to freelance work under your current visa is possible, provided your activities align with the permitted categories and you secure the necessary permissions. Diligent preparation and adherence to legal procedures are essential to maintain your legal status in Japan.