Visa Q&A September 19, 2000

VISA Q and A on FM COCOLO 76.5 MHz
The Intracompany Transferee
On Aired Data: Sep. 19, 2000

Summary of
the Aired
Program

Client:
An owner of an apparel company.

Case :
The client’s company is thinking of bringing over designers (employees) from an affiliate company abroad, to help establish a new brand. Our clients would like to know what are the procedures.

Let us start off by defining what are the conditions to be considered as an affiliate company is. One is that a company should possess 20-50% voting rights to the company of the counterpart. The other condition is that the company must have influence towards the counterpartin terms of personnel affairs, funds, skills and dealings. Judging from the details provided from our client, the relationship between the European affiliate company and the client’s meet the two conditions to be considered affiliates.

When a company in Japan wishes to invite some employees from their affiliate abroad, they can request the Ministry of Foreign Affairs to issue the “Intra-company Transferee” status of residence for these employees. To be a holder of this status, the nature of the job of the employee must be related to that classified under the Engineer status, or Specialist in Humanities or International Services. To be classified under the category of Engineer status, one should have majored in any field of arts and Sciences. Those who finished in other courses will fall on the category of “Humanities or International Services” status. Since our listener is planning to invite a designer from his affiliate company, then it won’t be a problem in requesting for the “Intracompany Transferee” status. In view of a designer, college degree doesn’t really count, what is more important is to have 3 years experience or more in the said field. Otherwise, the credibility of a designer will not be admitted, and the status will not be granted. In short, experiences render heavier weights than educational attainment when it comes to the field of designer. Having the two qualifications, our listener can then invite the personnel he wants via the Eligibility process.

Documents required:

1. Documents certifying the affiliation of a company to the other.

2. Copy of the business license of each involved company.

3. Statement from the commission on audit certifying the financial status of each company.

4. Materials describing the nature of business in which the companies are dealing with.

5. Certificate of the employment record of the employee of the affiliate company abroad who is to be invited over to Japan. Take note that more than 3 years of employment in the said company is required.

6. Working contract describing the position, remuneration, and job description or the nature of the job that the employee holds, especially that of last year is very important. If the employee is to be invited as a designer, he/she should prove to have 3 years of experience or more in the said field.

7. Resume.

8. Transfer order issued by the company requesting for transfer of the employee from its affiliate.

9. Working contract issued by company here in Japan. The contract must reflect the remuneration, working hours and the position of the concerned when joining the company in Japan.