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Passage to Japan

apan, with its traditional strength as a hardware producer is emerging as a market for software services. Leading Indian IT companies such as Wipro, Infosys and TCS are already doing business in Japan. Tata Elxsi has invested in a Japanese version of its company's site! Currently, Japan accounts for a miniscule 3.5 per cent of India's software exports but with Indian companies aggressively exploring alternative markets the share is likely to go up. Japan is equally keen to tap India's software expertise. In February this year the Government of Japan eased visa regulations for IT professionals from India. Indian IT experts are now eligible for multiple-entry visa with three-year validity, permitting stays up to 90 days during that period. Besides, India and Japan have agreed for mutual certification of DOEACC, the Indian Information Technology Engineers Examination, and the Japanese Information Technology Engineers Examination. These steps are evidence of fast growing alliance between India and Japan.
Assure Consulting.com leads IT professionals to the land of the rising sun.

Japan's Immigration Control and Refugee Recognition Act stipulates that any foreigner who proposes to enter Japan must possess a valid visa obtained from an embassy or Consulate prior to arrival. Like the US' H-1B visa, Japan's work visa is merely a recommendation that the foreigner be allowed to enter Japan. In other words, the visa does not guarantee entry into Japan, it only assures landing status. On arrival, the visa holder must acquire landing permission by immigration officers at the airport or the seaport. It is this landing permission and not the visa that serves as the legal basis for the foreigner's stay in Japan.

On arrival, the immigration officer checks the validity of the foreigner's passport, the validity of the visa, the purpose of entering Japan, the scheduled period of stay, and so on. If the immigration officer is satisfied about the validity of stay, landing permission will be granted to the visa holder. The stamp of landing permission states the date and port of entry as well as the individual's immigration status and the term of residence of the visa holder's immigration status. Once permission is granted to stay in Japan, the visa automatically becomes invalid.

Clearance Application

The first step for software professional to gain entry into Japan is to ask the potential employer to apply for a Clearance Application. Software professionals in India cannot apply for the Clearance Application directly. Like the US's Labor Condition Application, the Clearance Application is made by a proxy in Japan, usually the employer, at the nearest regional immigration authority to the proxy'' place of residence in Japan.

The Clearance Application will be granted only if the prospective visa applicant fulfils certain criterion laid down by the Immigration Control and Refugee Recognition Act Ministry of Justice Ordinance No. 16 of May 24, 1990. As per the provisions of the act, the prospective visa applicant must fulfil the following conditions:

The applicant should have graduated from or completed a college or acquired equivalent education majoring in the subject relevant to the skills/knowledge necessary for performing the job concerned, or the applicant must have at least 10 years' experience (including the period of time spent studying the relevant skills and knowledge at college, "kotosenmongakko", senior high school, the latter half of unified secondary school, or during specialized course of study at an advanced vocational school ("senshugakko").

Second, the applicant should receive the salary that a Japanese national would receive for comparable work.

The employer in Japan must furnish adequate proof with the Certificate of Eligibility application to prove that the prospective visa applicant fulfils the above criterion.

Once the employer obtains the certificate of Eligibility from the Ministry of Foreign Affairs in Japan, the employer mails the same to the employee. The possession of the Certificate of Eligibility, however, does not guarantee a visa. It only improves chances of obtaining the visa and abridges the visa-processing period. Despite the possession of Clearance Eligibility Certificate, the Council can refuse the visa if there has been a change in the situation since the issue of the certificate (such as the company that was planning to hire the foreigner decides not to do so because of business difficulties) or if it becomes evident that the documents submitted to obtain the certificate were false.

Documents

On obtaining the Clearance Application from the employer, the software engineer must apply for the visa application in person at the nearest regional immigration authority under the jurisdiction of the Ministry of Justice. An engineer may be issued a visa for a maximum period of three years. As per the INA, the activities an engineer can engage in are those that require technological skill or knowledge pertinent to physical science, engineering, or other natural science fields.

The visa application must be accompanied by the following documents

• Passport
• Two 45mm x 45mm passport-type photos taken within the previous six months (stateless persons must submit three photos)
• Two official visa application forms, available at the embassy or consulate documents certifying the purpose of the visit (see the accompanying table)
• Please make your application at an embassy or consulate after preparing these documents.
• Two copies of the Certificate of Eligibility (the original and a photocopy)
• Documents Certifying the Purpose of the Visit
• Copies of the company registration and a statement of profit and loss of the recipient organisation.
• A diploma or a certificate of graduation with a major in the subject regarding the activity of the person concerned, and documents certifying his or her professional career.
• Documents certifying the activity, its duration, the position, and the remuneration of the person concerned.
• One copy each of the documents should be submitted. (If you are requested to submit two or more copies of a document, the visa applicant submit the original and one or more photocopies.)
• The visa fee. Foreigners who obtain a visa for Japan must pay a visa fee. The fees is 3,000 yen for a single-entry visa, 6,000 yen for a double-entry or multiple-entry visa.

If the documents are in order and the prospective applicant has not indulged in questionable activities, the Japanese Embassy in India will issue the visa within four to five working days.

However, if the Consulate refuses to grant visa it is possible for the applicant to apply again. For further information, please inquire at the embassy or consulate where the application was made or at the Foreign Nationals' Affairs Division if the Embassy or Consulate forwarded the application to the Ministry of Foreign Affairs.

As stated earlier, the visa is not an automatic guarantor of entry into Japan. At the port of entry, the immigration authorities are authorised to deport a foreigner. However if the visa is in order and the foreigner has adequate proof of intended purpose of stay, entry into the land of rising opportunity will be granted.

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