2025-09-26

Some companies and sole proprietors may be considering outsourcing work to foreigners residing in Japan. Is this possible, and is a work visa required in such cases? We explain in detail.

Can Work Be Outsourced to Foreigners?

Recently, there has been an increase in cases where companies and sole proprietors outsource work to foreigners. Specifically, in highly specialized fields such as IT development, design, and interpretation/translation, outsourcing to foreigners can potentially achieve high-quality results while keeping costs down.

However, outsourcing differs from an employment contract, so caution is necessary. Outsourcing is fundamentally a contract for the deliverables provided by the other party; you generally cannot instruct them on how to perform the work or their working hours.

Therefore, when companies or sole proprietors outsource work to foreigners, they must clearly distinguish the nature of the contract. Particularly when outsourcing to foreigners residing in Japan, if their residence status (visa) does not cover the work, the outsourcing itself could potentially be illegal.

Is a Work Visa Required for Outsourcing?

Some companies or business owners outsourcing work to foreigners might think, “If it’s outsourcing, isn’t a work visa unnecessary?” However, this varies significantly depending on the situation.

If you request work from a foreigner residing overseas and have them deliver deliverables, it is not considered employment in Japan, so naturally, no visa is required. However, when outsourcing work to a foreigner residing in Japan, it is crucial that the foreigner’s residence status aligns with the outsourced work.

If the foreigner holds a “Technical/Humanities/International Services” residence status, outsourcing tasks like system development or translation work is generally acceptable. However, if their status is “Student” or “Dependent,” they generally cannot be commissioned for work intended to earn remuneration. Therefore, commissioning work within Japan fundamentally requires a work visa.

Points to Note When Acquiring a Work Visa

As explained earlier, commissioning work to a foreign national residing in Japan requires obtaining a work visa and confirming their status of residence.

Since the status of residence is linked to the nature of the work, you must first confirm whether the outsourced work falls within the scope of their status. For example, programmers or interpreters require the “Engineer, Economist, Specialist in Humanities, or International Services” status, while chefs require the “Skilled Labor” status. The appropriate status for the work is essential.

However, caution is needed because even if it is a contract for services, if the actual relationship is deemed an “employment contract,” it may violate the Immigration Control Act. Therefore, when concluding a contract for services, it is essential to avoid restrictions on working hours or detailed supervision and instructions, focusing strictly on the “delivery of deliverables.”

Visa applications involve complex procedures, and requirements can change frequently, so consulting a specialist such as an administrative scrivener is necessary. When outsourcing work, confirming that the work aligns with the appropriate residence status and complying with laws and regulations will enable smooth outsourcing to foreign nationals.

Summary

Outsourcing work to foreign nationals is possible, but the contract must strictly be based on “delivery of deliverables.” Furthermore, the outsourced work must align with the residence status held by the foreign national.