Today, we would like to introduce and explain the application for the business management visa in case when 2 or more aliens performed their business by joint investment.
In the case when 2 or more aliens jointly launched their business, in case if these plural number of aliens assume offices as executive officers of the Japanese legal entity respectively, the verification processes for the eligibility for the immigration status and the conformance to the landing standards are to be performed based upon the contents of concrete activities in which each of respective alien intends to get involved.
You must pay enough attention to the fact that you can’t always say that just having been appointed as and having assumed the position as the director will fully satisfy the requirement that you have the required immigration status.
1．For all of the aliens to be deemed to be meeting the immigration status of the business management （or the investment management）?
In case when plural number of aliens are engaged in operation or management of the business, for the activities of each respective alien to be said as falling in the immigration status of the business management （or the investment management）, it should be recognized that there are reasonable reasons why plural number of aliens will necessarily perform the operation or the management of the business by taking the status of the business, such as the size, the work volume, the sales amount of the business into consideration.
For example, if and in case when the size, the work volume, the sales amount of the business or etc. is small, since the operation or the management of the business is considered and deemed to be possibly performed by only one alien, no immigration status “for business management (or investment management)” will be given to any other alien officer, and hence it follows that such other alien officers shall apply for other immigration status such as “specialist in humanities / international services”.
Now, I would like to introduce and explain to you the cases where each and all of the aliens will be most likely judged to be meeting the requirements for the immigration status for business management (or investment management)
(1) the case where it is determined that there are reasonable reasons why each and all of the aliens will engage in operating or managing the business, taking the status of the business, such as the size and/or the business volume into account,
(2) the case where each and all of the aliens made investment to the company in goodly amount,
(3) the case where the details of the work in which each respective alien is going to engage have been clearly defined, and
(4) the case where each alien is supposed to receive the payment of the reasonable amount of remuneration in
consideration for the performance of the business relating to the operation and/or the management achieved by each respective alien.
2．Examples of the cases shown by Ministry of Justice where all of the aliens are judged to fall into the immigration status for the ”business management (or investment management)”
If and when such requirements as shown above are met, it can be said that the aliens will be most likely judged to be meeting the requirements for the immigration status, though such judgement will be finally made comprehensively together with the judgement made on other aspects. Just for your information, please note that the following two cases are shown, in the homepage of Ministry of Justice, as examples :
【Case Example 1】
When Alien A and Alien B incorporated the company X running a variety store in Japan by investing each 5 million yen respectively, Alien A was an expert of the overseas transaction such as import and export including but not limited to customs clearance, while Alien B was an expert of the quality and inventory control for the imported goods as well as of the accounting.
Arrangement was set up in such way as Alien A was to judge, from the aspect of the overseas transaction business, and Alien B was to judge, from the aspects of the control of the imported goods as well as the accounting, the operation status of the company X, and any and all of the management policies for the company X were to be decided through mutual consultation made between Alien A and Alien B as the copartners in the business.
The remuneration of each of Alien A and Alien B is scheduled to be paid from the business income at the ratio corresponding to the respective amount of investment made by each of Alien A and Alien B.
【Case Example 2】
When Alien C and Alien D jointly incorporated the company Ｙ running the transport service business in Japan by investing 6 million yen and 8 million yen respectively, after having mutually set up each respective territory where the transport service will be provided by each of them, each of Alien C and Alien D was taking care of each respective area of responsibility and responsibly operating its business for such assigned area.
The management policies for the company Y in its whole were set up to be decided by the mutual consultation between Alien C and Alien D, and the remuneration of each of Alien C and Alien D is scheduled to be paid from the business income at the ratio corresponding to the respective amount of investment made by each of Alien C and Alien D.