2026-01-11

For companies hiring foreign nationals, or for foreign nationals residing in Japan on a work visa, the “period of stay” is extremely important. If a work visa expires, what risks arise, and how should one handle the situation? This article explains the definition of a work visa, the consequences of expiration, and specific countermeasures from an expert perspective.

What is a Work Visa?

A work visa is the status of residence required for foreign nationals to engage in income-generating activities in Japan. Officially, it is subdivided into categories based on the specific activity, such as “Engineering, Humanities, and International Services,” “Skilled Labor,” and “Management and Administration.”

Work visas always have a set period of stay (residence period), typically 3 months, 1 year, 3 years, or 5 years. Staying in Japan beyond this period is not permitted, so renewal procedures must be completed before the expiration date. Renewal is not automatic; the foreign national or their representative must apply to the Regional Immigration Bureau (Immigration Bureau) and undergo an examination.

For companies, verifying the status of residence is also a crucial obligation. Employing a foreign national with an expired work visa could result in charges of aiding illegal employment. Therefore, sufficient caution is necessary from an employment management perspective.

What happens if the visa expires?

Staying in Japan after a work visa expires constitutes “overstaying” (illegal residence). Even one day past the expiration date qualifies as overstaying, potentially leading to severe legal penalties. Specifically, this may result in becoming subject to deportation proceedings or facing significant restrictions on obtaining or renewing future residence statuses.

Furthermore, during the overstay period, employment is generally prohibited. Consequently, this disrupts the continuation of social insurance coverage and employment contracts, causing significant disadvantages for both the company and the foreign national. Additionally, if the overstay is deemed malicious, a period of inadmissibility may be imposed, preventing re-entry into Japan for a specified duration.

If the circumstances leading to the expiration were unavoidable (e.g., illness, disaster, company procedural error), these may be taken into consideration. However, taking no action will not improve the unfavorable situation; prompt action is essential.

What to Do When Your Visa Expires?

If you realize your work visa has expired, the most critical step is to promptly consult with the Immigration Bureau. Leaving the situation unaddressed based on personal judgment or continuing to work will only worsen the circumstances. Upon consultation, the Immigration Bureau will request a written explanation of the circumstances and then take appropriate action based on the case, such as granting Special Permission to Remain or a period to prepare for departure.

Furthermore, if you notice the expiration while the period is still short, or if you had submitted a renewal application within the deadline but were awaiting results, a relatively flexible response may be possible. Therefore, in such cases, it is also important to organize and bring relevant documents like copies of the renewal application and the employment contract.

Additionally, consulting early with a specialist, such as an administrative scrivener, who specializes in residence status matters is crucial. Receiving support for preparing appropriate documents and handling immigration procedures can help minimize risks.

Summary

An expired work visa has serious implications not only for the individual but also for the company. Thoroughly managing deadlines is crucial. If a visa expires, promptly consulting with immigration authorities or specialists is essential. Early action is the key to safeguarding future residency and employment.