How to hire an intern in Japan from overseas
In the case, you are operating a company in Japan.
If you want to hire an intern from overseas university, you need to know about some legal matters.
So, in this page I will explain about how to invite an intern from foreign country.
In the case a company in Japan has concluded internship contract with foreign university, you can invite students ( Intern ) from the university.
The students should be enrolled in university where she can receive degree from university when she graduate.
( Excluding distance learning university = 通信制学校 )
If a student is enrolled in vocational school ( Senmon gakko ) , she can not apply for internship.
In the case she does internship in your company, if her university awards credits to her for her internship, her activity in your company is considered as ” internship not ” labor “.
Legally speaking, her activity is for the purpose of ” study ” and it is not for ” labor “.
So, your company can not ask her practical business.
If she engages in practical business, employee of your company needs to accompany with her and instruct her.
She can not engage in dealing with customers.
Even if she makes some documents or materials, your company can not use it for your business.
If your company uses it for business, her activity is regarded as ” labor “.
By accepting her, your company can make preparation for hiring foreign workers.
This is one of purpose to accepting an intern from foreign country.
Necessary process is different on whether your company pays salary for her or not.
In the case, your company ( in Japan ) invites foreign students as intern and pays money for her, your company needs to submit application for certificate of eligibility （ = Zairyuu shikaku nintei koufu shinsei = 在留資格認定証明書交付申請 ）.
The immigration bureau ( 入国管理局 = Nyuu koku kanri kyoku ) that has jurisdiction over your company has its jurisdiction.
Status of residence of students are ” designated activities = Tokutei katsudou”.
( In the case, your company pays them money. This money does not include actual expense of students. )
Duration of stay of designated activity is ” less than one year and in total it should be less than half of their school days.”
Assumed that her school days are 4 years.
She can stay in Japan under status of residence of designated activities up to 2 years.
And she can not stay in Japan more than 1 year continuously.
So, when she has finished first 1 years as intern, she needs to return to her home country basically.
And if she wants to stay in Japan for another one year as intern, she newly needs to make application for status of residence of designated activities ( Tokutei katsudou ).
She is regarded as non-resident for tax purposes.
Because, she can not have a domicile in Japan or have a residence in Japan continuously for one year or more.
Thus, when your company pays money for her, you need to withhold income tax and special income tax for reconstruction from the payment.
The rate of withholding tax is about 20%.
And she cannot be considered as labor for labor insurance and employment insurance purposes.
Thus, she cannot participate in labor insurance and employment insurance.
And national health insurance and heal insurance are also not applicable for her.
So, your company needs to arrange travel insurance for her.
😉 Necessary documents ( Documents that are issued by Japanese government should be issued within 3 months prior to application for certificate of eligibility).
|１||Application form for certificate of eligibility : 1 copy
|２||Her ( prospective intern’s ) picture （ size : depth ４cm× width ３cm） : １ copy
Photo should be taken within 3 months prior to application for certificate of eligibility.
There should not be background and this photo should be clear.
Prospective intern can not cover her head with hat etc.
Prospective intern needs to fill in her name on the back of this photo and paste it on the application for certificate of eligibility ( COE ).
|3||Self addressed envelope （ You need to paste postal stamp for ３９２ yen. ( For registered mail. Kan i kakitome. You need to fill in your address. ) １: copy
Immigration bureau cannot send documents to foreign country.
|４||Certificate of student registration ( zaigaku shoumeisho ) : 1 copy
This document certificate that she is a student of the university.
|５||Certificate that can prove authority of applicant.
In the case, this application is made by person other than prospective intern, the documents that can prove its authority to make this application.
|6||Scanned copy of internship contract. : 1 copy|
|7||Document which can prove that her university has permitted her internship.
This document should clarify that when she has finished her internship, credit is awarded to her.
|8||Documents that clarify content of her activity and duration of internship, the amount of remuneration.|
|9||In the case this prospective internship has experience of internship in Japan before, the documents that can clarify her former internship in Japan.
In the case this prospective internship does not have experience of internship in Japan before, the document that can clarify the fact.
|10||Document that can clarify duration of school year of prospective internship.
( For example 4 years )
In the case documents mentioned above are written in foreign language, translation is required.
Immigration bureau does not return original documents to you after completion of procedure.
If you hope to receive of original documents after procedure, you need to offer the return of it in advance.
In the case your company does NOT pay remuneration for her ( intern from overseas ) and duration of her internship is more than 90 days.
Your company needs to submit LInkedin2016,4,application for certificate of eligibility to immigration bureau.
And intern’s status of residence is ” Cultural activities ( Bunka katsudou )”.
This provisions are pertaining to the cases that duration of her intern is more than 90 days.
As for this activity, duration of stay of cultural activities is ” less than one year in total and in total it should be less than half of their school days “.
Unlike ” designated activity “, she can not stay in Japan for more than one year even if she returns to her home country.
Even if she receives money from your company that she has paid for transportation fee, housing expenses, meal expenses ( = actual expenses = Jippi ), income tax is not levied.
These actual expenses are not included in ” remuneration “.
In the case your company does not pay remuneration for her ( intern from overseas ) and duration of her internship is NOT more than 90 days.
In this case, your company does not need to submit application for certificate of eligibility.
So, intern goes to embassy of Japan or consular office outside Japan in her home country and apply for short-term visa.