The Strict Consequences of Exceeding the 28-Hour Work Limit in Japan, Even by One Minute#

Foreign nationals residing in Japan who wish to engage in income-earning activities outside the scope of their primary status of residence (such as “Student” or “Dependent”) must obtain a “Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted.” This permit comes with a strict condition: a work limit of, in principle, 28 hours per week.

A common misconception is that a slight overage—“just a little won’t hurt” or “exceeding by a minute or two won’t be an issue”—is acceptable. This is an extremely dangerous assumption. Under Japan’s immigration control system, the 28-hour rule is enforced with utmost rigor. Even a minimal violation can lead to severe consequences, including the denial of a visa extension.

This article provides an objective and detailed explanation of why the 28-hour rule is treated so strictly and outlines the specific repercussions of violating it.

The Essence of the 28-Hour Rule and the Permit#

First, it is crucial to understand the fundamental purpose of this permit system. The permission is intended to supplement the living expenses of foreign residents, not to make employment their primary activity in Japan. For instance, the “Student” status is granted for the purpose of academic pursuit, while the “Dependent” status is for engaging in activities as a family member.

The 28-hour weekly limit serves as a critical boundary to ensure that part-time work does not interfere with these primary activities. Working beyond this limit is interpreted as prioritizing employment over the original purpose of stay, which is a deviation from the spirit of the status of residence.

It is important to note that the “28 hours per week” limit is the total for all jobs combined. For example, if you work 20 hours at a clothing store and 10 hours at a restaurant, your total is 30 hours, which is a violation. The limit is not per employer. An exception exists for students during long school holidays (as defined by their educational institution), during which they may be permitted to work up to 40 hours per week.

Why Even a One-Minute Violation Is Not Tolerated#

From a legal standpoint, any activity that “exceeds the permitted scope” is a violation. The Immigration Control and Refugee Recognition Act does not contain any provisions for a grace period, such as “overages of up to 10 minutes will be overlooked.” Therefore, exceeding the limit by one minute is, legally speaking, the same as exceeding it by 10 hours—both are classified as “illegal work activity beyond the permitted scope.”

The rationale behind this strict enforcement is to maintain fairness in residency management and to uphold the integrity of the system. If minor violations were tolerated, it would blur the lines of what is permissible, potentially leading to the erosion of the entire regulatory framework.

The Immigration Services Agency of Japan scrutinizes compliance with this rule during applications for extension of period of stay or change of status of residence. They primarily check documents such as the tax certificate (課税証明書, kazei shomeisho) and tax payment certificate (納税証明書, nozei shomeisho) issued by municipal offices. These documents show total annual income, from which officials can estimate total working hours by dividing it by the likely hourly wage. If the income is clearly higher than what could be earned within the 28-hour limit, it raises suspicion of a violation, and the applicant will be required to provide a detailed explanation.

Specific Consequences of Exceeding the Work Limit#

If a violation of the 28-hour rule is discovered, it can lead to the following serious consequences:

1. Denial of Extension or Change of Status of Residence#

This is the most common and severe outcome. If a violation is confirmed, it is determined that the resident’s activities in Japan have not been appropriate, making it highly likely that their application for an extension will be denied. This also applies when, for example, a student graduates and applies to change their status to a work visa like “Engineer/Specialist in Humanities/International Services.” A past violation during their student days can heavily impact this new application. A denial means the individual must, in principle, leave Japan.

2. Revocation of Status of Residence#

In cases where the violation is deemed malicious or egregious (e.g., habitually working far over the limit, submitting false documents), the current status of residence itself may be revoked (Article 22-4 of the Immigration Control Act). This is an extremely severe penalty, as it means losing the right to stay in Japan even if the period of stay has not yet expired.

3. Deportation#

Exceeding the work limit is considered illegal work, which can be grounds for deportation. The risk is particularly high for those who work without obtaining the permit at all or those who significantly deviate from the permitted scope of activities.

4. Negative Impact on Future Visa Applications#

A record of violating immigration law can adversely affect any future applications for a Japanese visa. Even an application for a “Temporary Visitor” visa for tourism could potentially be denied.

Conclusion#

The 28-hour per week rule under the “Permission to Engage in Activity Other Than That Permitted” is an absolute condition for maintaining a stable life in Japan. The complacent thought that “it’s just one minute” or “it’s just this one time” can lead to the irreversible consequence of losing your student status, your career, and your entire life in Japan.

For those holding multiple part-time jobs, it is essential to meticulously track your working hours and ensure the total never exceeds the weekly limit. Some employers may not be fully aware of these rules, so it is also important to clearly communicate your visa conditions to them and ask for their cooperation. Understanding and strictly adhering to the regulations is the most certain way to live, study, and work in Japan with peace of mind.