Going freelance on an Engineer/Specialist in Humanities/International Services visa: what’s covered, and when you need extra permission

We often receive this kind of question from people with the Engineer/Specialist in Humanities/International Services status (技術・人文知識・国際業務, often shortened to “ESI” or “Gijinkoku”):

The short answer is that freelancing is possible on the ESI status, but it comes with more risk than most people expect. Whether it works depends on three questions:

1. Does the type of work fall within the ESI status?
2. Is the way you work (contracts, clients) acceptable under the ESI status?
3. If some work falls outside the status, can Permission to Engage in Activities Other Than Those Permitted (資格外活動許可) solve the problem?

This article explains each point, and what the immigration office looks at when a freelancer applies to renew.

What the ESI status covers

The ESI status covers work, based on a contract with a public or private organization in Japan, that requires:

• Technology or knowledge in the natural sciences (engineering, IT, etc.) or the humanities (law, economics, business, etc.), or
• Thinking or sensitivity based on a foreign culture (translation, interpreting, language teaching, overseas marketing, design, etc.)

Typical examples include system engineers, interpreters and translators, designers, language teachers at private companies, and marketing staff.

What the ESI status does not cover

The legal definition of the ESI status expressly excludes activities that fall under certain other statuses, including Artist, Journalist, Business Manager, Instructor, Intra-company Transferee and Entertainer (興行).

This matters for creative freelancers. For example:

• Marketing, PR planning and English content work for companies can fall within the ESI status.
• Video production, photography and editing sold as a service to companies may be classified under the Entertainer status or treated as skill-based work, rather than the specialised, knowledge-based work that the ESI status requires.

Filming and editing as part of an in-house PR or marketing role is normally fine. The problem arises when your freelance contracts are mainly for delivering photos or videos.

Can you work freelance on the ESI status?

The ESI status is based, in principle, on a stable contract with an organization in Japan, usually an employment contract. Freelancing is the exception, not the rule. Service contracts (業務委託契約) can qualify, but only under important conditions.

Continuing contracts with specific organizations

Each contract must be a continuing contract with a specific organization in Japan. A series of one-off jobs from many different clients is unlikely to qualify. Ideally, each contract should:

• Be made in writing, with the work, fee and period stated clearly
• Run for one year or longer, or renew automatically
• Be supported by evidence that the client will keep ordering work from you

A very short contract period, unstable income or vague contract terms can all count against you. If your contracts are short, a track record of repeated renewals can help show that the work will continue.

Immigration also looks at whether the client itself is a legitimate, stable business, not only at your own situation.

Stability of your work as a whole

Immigration looks at whether your work as a whole is stable and will continue. If you only have contracts for one-off projects and no next contract lined up, immigration may doubt the stability of your work. Even if your application is approved, you may be given only a short period of stay (such as one year).

Enough income to support yourself

Income is the most important point for freelancers. Immigration looks at your total annual income from all contracts, and it must be enough to support yourself stably.

As with employees, your pay must also be at least equal to what a Japanese national would receive for the same kind of work.

Work that matches your background

The work must be specialised work related to your education or work history, within the scope of the ESI status. Simple labour is not allowed.

Running your own business is a different status

If your activity looks more like running your own business (taking orders from the general public, hiring staff, operating a studio, etc.), it may fall under the Business Manager status instead. In particular, if your work grows and you hire employees, you will be treated as running a business, and immigration will ask you to change to the Business Manager status. The Business Manager status has much stricter requirements, including a large capital investment and a business plan, since the October 2025 revision (see our article, Revisions to the Business Manager residence status).

Permission to Engage in Activities Other Than Those Permitted

If you want to do work that falls outside your status, you need Permission to Engage in Activities Other Than Those Permitted (資格外活動許可) from the Immigration Services Agency before you start.

Blanket permission vs. individual permission

There are two types of permission:

As an ESI holder, you would normally receive individual permission. This means that it is granted per client and per job, not as a general permission to do any side work.

Main requirements

The permission is granted only if, among other things:

• The side work does not interfere with your main activity under your current status
• You are actually carrying out your main activity (for example, working at your main job)
• The side work falls under another residence status (excluding Specified Skilled Worker and Technical Intern Training)
• The work is not illegal or adult entertainment
• Your contracting organization agrees, if you have one

There is no fee for the application, and processing usually takes 2 weeks to 2 months.

What happens if you work outside your status without permission

Unauthorised work outside your status can lead to refusal of your renewal, revocation of your status, criminal penalties (imprisonment or a fine) and even deportation. If you are unsure whether a job falls within your status, check before you start.

Unpaid projects

Unpaid activities, such as developing an app as a volunteer project with no income, generally do not require permission. If the project starts generating income, you should review your situation again, because it may become a business activity that requires permission or a different status.

Before you leave your employer

If you decide to leave your job and work freelance, keep in mind:

• Notify immigration within 14 days. You must submit a notification regarding your contracting organization (所属機関等に関する届出) within 14 days of leaving your employer, and again within 14 days of signing each new contract. If you have several clients, you need to notify immigration for each one, including when a contract ends. This can be done online. Failing to notify can count against you at your next renewal and when you apply for permanent residence.
• Register as a sole proprietor. Submit a notification of opening a business (開業届) to the tax office. As a freelancer, you must also file a tax return (確定申告) and pay income tax yourself every year. A missed tax return can lead to a refusal of your renewal and affect a future permanent residence application. Immigration has become especially strict about taxes in recent years. You will need copies of both at renewal.
• Don’t leave a long gap. If you do not carry out the activities of your status for 3 months or more without a valid reason, your status may be revoked.
• Check your new work before you start. It is much easier to adjust your plans before you sign contracts than to explain them at your next renewal.

Your next renewal as a freelancer

The review for freelancers is stricter than for employees. At renewal, you would generally need to show:

• Continuing contracts with specific organizations
• Stable income at least equal to that of a Japanese national doing similar work
• Proper payment of resident tax, income tax, pension and health insurance (as a freelancer, you are responsible for the National Pension and National Health Insurance yourself). Even a small unpaid amount can lead to a refusal.
• That your actual work falls within the ESI status, explained with your contracts, work samples or reports

You need a client that will act as your sponsor

This is the point many freelancers overlook. At renewal, the contracting organization is normally asked to complete part of the application form and provide documents about itself, such as its corporate registration and financial documents.

In practice, you would need at least one client with a stable, continuing contract to act as your sponsor. If you have several clients, the main client (the one paying you the most) usually acts as the sponsor, and immigration may ask for all your contracts or quotations as well. Unlike an employer, a freelance client has no obligation to cooperate. Some companies may be unwilling to provide their documents, or the contract may end just before your renewal. Please consider the risk of not getting this cooperation seriously before you leave a stable job.

Summary

• The ESI status covers knowledge-based work under a contract with an organization in Japan. Freelancing is an exception: service contracts can qualify if they are continuing contracts with specific organizations and give you enough income.
• Contracts should be in writing and long-term, with the work, fee and period stated clearly.
• If you hire employees, you will need to change to the Business Manager status.
• Work that falls under other statuses, such as Entertainer, is excluded. Freelance photography and video production is a high-risk area.
• A series of one-off jobs may be treated as running your own business (Business Manager status).
• Permission to Engage in Activities Other Than Those Permitted is granted per client and per job, only for work secondary to your main activity.
• When you leave your employer and when you sign each new contract, notify immigration within 14 days, and avoid a gap of 3 months or more.
• At renewal, you need stable income, proper tax and social insurance payments with no unpaid amounts, and a client willing to cooperate with your application.

This article provides general information and is not legal advice. Whether your work falls within your status depends on the details of each case. Please check with the Immigration Services Agency or a licensed professional before changing how you work.

Need advice on your situation?

Whether freelance work fits within your status depends on the details: the work itself, your contracts and your clients. A small difference can change the answer, so it is best to check before you leave your job or sign new contracts.

TKG Immigration Consulting Office can help you with:

• Checking whether your planned work falls within the ESI status
• Reviewing your service contracts from an immigration point of view
• Applications for Permission to Engage in Activities Other Than Those Permitted
• Renewal applications for freelancers, and changes to another status such as Business Manager

We offer paid consultations online or by email. Please contact us using the button below.