Japan Immigration Status and Social Insurance: Do You Need a Work Visa to Enroll?

Immigration Status and Social Insurance Status Are Different Concepts

For foreigners living in Japan, it is often understood that "without a work visa, one cannot join social insurance" and "foreigners who are not working cannot enroll in Japan's health insurance or pension." However, this understanding is not necessarily correct.

What activities foreigners can engage in Japan is determined by their residence status under the Immigration Control and Refugee Recognition Act. On the other hand, enrollment in health insurance, employee pension insurance, national health insurance, and national pension is determined based on the respective social insurance-related laws.

Therefore, the issue of "whether one can work in Japan" under immigration law and the issue of "whether one can join Japan's social insurance system" under social insurance law need to be assessed separately in principle.

For example, "studying abroad" and "family stay" are not generally residence statuses for the purpose of employment, but if certain conditions are met, such as having an address in Japan, they may be eligible for national health insurance and national pension. Additionally, they may also become dependents under the health insurance of a spouse who is a company employee.

Employees’ Health Insurance and Pension Begin with the Employment Relationship

Individuals who are regularly employed at applicable establishments under Japan's health insurance and employee pension insurance are, in principle, insured regardless of nationality. The Japan Pension Service also clarifies that foreign employees are eligible for health insurance and employee pension insurance regardless of nationality, gender, or wage amount if they are regularly employed at applicable establishments.

However, when actually employing a foreigner, it is necessary to separately confirm that the foreigner can legally engage in that work under immigration law. If the residence status is "Engineer/Humanities/International Services," "Intra-company Transferee," or "Business Manager," they must work within the scope of activities permitted by that residence status. In the case of "studying abroad" or "family stay," employment is generally not permitted, but by obtaining permission for activities outside the status, they can work within the scope of that permission. In the case of comprehensive permission for activities outside the status, there is generally a limit of 28 hours per week.

On the other hand, statuses such as "permanent resident," "spouse of a Japanese national," "spouse of a permanent resident," and "long-term resident" are residence statuses based on their identity or status, and there are no employment restrictions based on the nature of activities like general employment qualifications.

Therefore, strictly speaking, it is not about whether they have an "employment visa," but rather, to confirm whether the foreigner is permitted to engage in the relevant work under immigration law, and then separately determine whether they meet the requirements for joining health insurance and employee pension insurance. This will be the case.

Social Insurance Enrollment Does Not Authorize Employment

It is also important not to confuse the order of the two systems here.

The fact that procedures for joining health insurance and employee pension insurance have been carried out does not mean that the foreigner's employment is recognized under immigration law. The eligibility for social insurance and the eligibility for employment under residence status are issues based on different laws.

Therefore, when a company hires a foreigner, it is necessary to first confirm whether the foreigner has a residence status or permission for activities outside the status that allows them to engage in the planned work through their residence card, etc. After that, the determination of joining health insurance and employee pension insurance will be based on employment conditions, working hours, number of working days, and the applicability of the establishment. The Immigration Services Agency also advises confirming the presence of residence status and permission for activities outside the status when hiring foreigners.

A Person Without Work Authorization May Still Be Covered by National Health Insurance

For foreigners who are not enrolled in the company's health insurance, it is necessary to confirm their eligibility for national health insurance.

Under national health insurance, individuals who have an address in Japan, are not enrolled in other public health insurance such as company health insurance, and do not fall under other exclusions are generally considered insured. This rule also applies to foreigners. Therefore, having a residence status that permits work is not a requirement for joining national health insurance.

For example, foreigners residing in Japan with residence statuses of "family stay" or "studying abroad" who are not insured under the company's health insurance or are not dependents may be eligible for national health insurance.

For foreigners, in principle, mid- to long-term residents are eligible, but even if the residence period is less than three months, if it is recognized based on contracts or other objective materials that they will stay in Japan for more than three months for certain residence statuses, they may be eligible for national health insurance. On the other hand, there are exclusions for "short-term stay," certain medical stay purposes, and "specific activities" for long-term tourism purposes.

In other words, The questions of "Can I work in Japan?" and "Can I enroll in Japan's public health insurance?" are different issues..

A Foreign National Who Does Not Work May Still Be Required to Join National Pension

The same applies to the National Pension.

Individuals aged 20 to under 60 who have a residence in Japan and are not enrolled in Employees' Pension Insurance will, in principle, become Category 1 or Category 3 insured persons under the National Pension. This rule applies to foreigners regardless of nationality.

Therefore, for example, students with a "Student" visa or spouses residing in Japan under "Family Stay" are not automatically excluded from the National Pension solely for not being employed.

Spouses aged 20 to under 60 who are supported by a spouse enrolled in Employees' Pension Insurance can become Category 3 insured persons under the National Pension if certain conditions are met. In other cases, it may be necessary to enroll in the National Pension as a Category 1 insured person.

However, certain foreigners with specific activity visas for medical stays or long-term tourism may be exempt from the National Pension.

“Dependent” Immigration Status Is Not the Same as a Health Insurance Dependent

A common source of confusion regarding residence status and social insurance is the distinction between "Family Stay" and "Dependent" under health insurance.

"Family Stay" is a residence status under immigration law that allows spouses or children of foreigners with certain residence statuses to live in Japan. On the other hand, being a dependent under health insurance is determined by the criteria set forth in health insurance law.

For dependents under health insurance, the general requirement is that they have a residence in Japan and are primarily supported by the insured person. Additionally, there are criteria for income and other factors under social insurance.

Therefore, having a "Family Stay" residence status does not automatically make one a dependent under health insurance. Conversely, being recognized as a dependent under health insurance does not automatically fulfill the requirements for "Family Stay" under immigration law.

Immigration Dependents and Health Insurance Dependents may seem similar, but they are entirely different statuses under the system.

Do international students need to enroll in social insurance if they work part-time?

For international students, it is necessary to separately consider the work eligibility under immigration law and the eligibility for social insurance enrollment.

With a "Student" visa, you are generally not allowed to work, but if you obtain permission for activities outside your status, you can typically work part-time within a limit of 28 hours per week.

However, just because you are working with permission for activities outside your status does not immediately create an obligation to enroll in health insurance or Employees' Pension Insurance. For health insurance and Employees' Pension Insurance, it is necessary to check the comparison with the standard working hours and days of regular workers, as well as the eligibility criteria for part-time workers.

Especially for part-time workers, eligibility is determined by standard working hours per week, company size, student status, and other criteria. Under the current system, "not being a student" is a certain eligibility requirement for part-time workers, so international students need to be cautious about this point. Additionally, since the scope of social insurance application for part-time workers is continuously being revised, it is necessary to confirm the latest enrollment requirements at the time of actual hiring.

General Treatment by Immigration Status

As can be seen from this table, the presence or absence of work qualifications does not correspond one-to-one with the presence or absence of social insurance enrollment.

Expatriates Should Also Check Social Security Agreements

For expatriates dispatched from foreign companies to Japan, it is necessary to confirm whether there is a social security agreement between the home country and Japan, in addition to the usual Japanese social insurance enrollment requirements.

Under social security agreements, in principle, the social security system of the host country is applied, while for certain temporary dispatches, there is a system that allows for continued enrollment in the home country's social security system and exemption from enrollment in the applicable Japanese system. Many agreements set a standard of temporary dispatch within five years, but the applicable systems, periods, and extension systems vary by agreement.

Therefore, for foreign expatriates, it is not appropriate to uniformly determine that they must enroll in Japan's welfare pension, etc., just because they are working in Japan. It is necessary to confirm the home country, employment relationship in Japan, planned dispatch period, applicable social security agreements, and applicable certificates.

Immigration, Tax and Social Insurance Are Three Different Statuses

For a foreign national living or working in Japan, it is useful to distinguish at least three separate legal statuses.

Immigration Status determines what activities the person is permitted to conduct in Japan. Tax Residency determines the scope of income subject to Japanese income tax. Social Insurance Status determines which Japanese health insurance and pension programs apply. 

These classifications may interact, but they are not the same determination.

A non-working spouse with Dependent status may still participate in Japanese public health insurance and pension arrangements. Conversely, an expatriate who is a Japanese tax resident may, depending on an applicable social security agreement, remain covered by the home-country social security system and be exempt from certain Japanese programs.

Accordingly, the Japanese position of a foreign national should not be determined solely from the name of the visa or status shown on the residence card. Immigration authorization, actual employment and residence circumstances, and the requirements of each social insurance program should be reviewed separately.

Conclusion

The residency status of foreigners and the eligibility for Japan's social insurance are closely related in some cases, but they are legally separate systems.

For foreign employees enrolled in the company's health insurance and employee pension insurance, it is first necessary to confirm that employment in the planned business under the Immigration Control Act is permitted, and then determine eligibility for social insurance based on the workplace, working hours, and number of working days.

On the other hand, even foreigners who are not permitted to work or are not working may be eligible for national health insurance or national pension if they meet certain requirements, such as having an address in Japan. They may also become dependents under health insurance or insured persons under the national pension category 3.

Therefore, the judgment that "having a work visa = eligible for social insurance" and "not having a work visa = not eligible for social insurance" is not accurate. It is important to separately confirm the eligibility for work under the Immigration Control Act and the eligibility for enrollment under the Social Insurance Act, and to proceed in a way that satisfies both.

*This article provides a general overview of the relationship between the residency status of foreigners and Japan's social insurance system. Actual handling may vary depending on residency status, specified activities, permission for activities outside the status, employment contracts, working hours, size of the workplace, family relationships, income, address in Japan, home country, and social security agreements.

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