According to media reports, in March 2026 a Sri Lankan national in Chiba Prefecture was arrested on suspicion of filing a false marriage registration with a Japanese national in order to obtain a marriage-based status of residence, despite not actually living together. This case is a useful reminder of how important proper status-of-residence management is for both employers and foreign residents in Japan.

This news is far from irrelevant for companies employing foreign nationals and foreign residents in Japan. It provides an opportunity to reconsider the complexity of the residence status system, the difficulty of procedures, and the risks of fraudulent activities.

This article examines the importance of residence status management, legal risks, and practical countermeasures that companies should be aware of, through the lens of this incident.

Overview and Background of the Sham Marriage Case

Details of the Incident

According to media reports, the suspect came to Japan in 2017 for study purposes and had been in illegal overstay status since the end of 2021. In 2025, in collusion with accomplices, the suspect allegedly submitted a false marriage registration with a Japanese national at Sodegaura City Hall in Chiba Prefecture in order to obtain a marriage-based status of residence.

Significantly, while the two were acquaintances, they were not actually living together, indicating a marriage without substance.

Why Sham Marriages Occur

A status of residence is the foundation for foreign nationals to legally stay, live, and work in Japan. However, legitimate procedures require specialized knowledge, involve complex document preparation, and take considerable time for examination.

Particularly for students transitioning from study status to work-eligible residence status, securing appropriate employment and meeting requirements can be challenging, and smooth transitions are not always guaranteed. As the expiration of a person’s period of stay approaches, anxiety builds, leading some to resort to illegal methods—a tragic outcome.

Additionally, intermediaries exist who broker sham marriages for financial gain. These criminal networks prey on vulnerable foreign nationals.

Fundamentals of the Residence Status System

What is Residence Status?

A status of residence is the legal basis on which a foreign national is allowed to reside in Japan, and each status defines the permitted activities and period of stay. Currently, there are over 30 types of residence statuses, each with defined purposes, permitted activities, and periods of stay.

Major residence statuses include:

Work-Eligible Residence Statuses

  • Engineer/Specialist in Humanities/International Services: Engineers, interpreters, sales personnel, etc.
  • Skilled Labor: Chefs, construction technicians, etc.
  • Specified Skilled Worker: 14 sectors including nursing care, construction, agriculture
  • Highly Skilled Professional: High-level talent under a points system

Status-Based Residence

  • Permanent Resident
  • Spouse or Child of Japanese National
  • Spouse or Child of Permanent Resident
  • Long-Term Resident

Other Residence Statuses

  • Student
  • Dependent
  • Designated Activities

Residence Status and Employment Restrictions

The ability to work and the types of permissible work vary significantly by residence status.

For example, in principle, holders of “Student” status are not permitted to work. If they obtain permission to engage in activities other than those permitted under their status of residence (commonly referred to as “work permit”), part-time work may be allowed within the applicable limits—generally up to 28 hours per week, or up to 8 hours per day during designated long vacation periods such as summer break.

Conversely, “Engineer/Specialist in Humanities/International Services” permits engagement in professional work based on academic background or work experience, but simple labor is not allowed.

Status-based residence such as “Spouse or Child of Japanese National” or “Permanent Resident” has no employment restrictions, allowing any type of work. In the recent sham marriage case, the target was precisely this type of unrestricted, marriage-based status of residence.

Period of Stay and Renewal Procedures

Residence statuses have designated periods of stay, and renewal procedures must be completed before expiration. Failure to renew results in loss of residence status and illegal overstay.

Periods of stay vary by residence status type—3 months, 6 months, 1 year, 3 years, 5 years, etc. Renewal applications are accepted from 3 months before the expiration date of the period of stay.

In this case, the suspect had allegedly been in illegal overstay status since the end of 2021. It is presumed that after the study period ended, either proper renewal or status change procedures were not undertaken, or applications were denied, leading to illegal overstay.

Legal Risks Facing Companies

Criminal Liability for Facilitating Illegal Employment

The most critical concern for companies employing foreign nationals is the potential criminal liability for facilitating illegal employment.

Article 73-2 of the Immigration Control and Refugee Recognition Act (Immigration Act) penalizes the following acts:

  1. Having a person engage in illegal employment activities
  2. Placing a foreign national under one’s control for the purpose of having them engage in illegal employment activities
  3. Brokering illegal employment activities as a business

Violations can result in imprisonment for up to 3 years, a fine of up to 3 million yen, or both.

In practice, simply saying “we did not know” is unlikely to be persuasive where the employer failed to conduct appropriate checks on work authorization and period of stay. Companies have an obligation to verify residence status, and failure to do so can also be subject to punishment.

What Constitutes Illegal Employment

The following situations constitute illegal employment:

  1. Employing illegal overstayers
    Those whose period of stay has expired or who lack valid residence status
  2. Engaging in unauthorized activities
    Having students work more than the permitted hours per week, or having those with Engineer/Specialist status perform simple labor not permitted under their status
  3. Violation of activity restrictions
    Working at another company without permission when authorized to work only for a specific employer

Corporate Responsibilities

Companies employing foreign nationals have the following responsibilities:

Pre-Employment Verification Obligations

  • Verification of residence card
  • Confirmation of residence status type and employment restrictions
  • Confirmation of period of stay
  • Verification of passport where necessary as supplementary identification

Employment Period Management Obligations

  • Continuous management of periods of stay
  • Confirmation of residence status renewal
  • Verification of compatibility between work duties and residence status

Notification Obligations

  • Notification of foreign employment status (to Hello Work)
  • Confirmation whether the employee must submit immigration-related notifications concerning their affiliated organization

Employers are generally required, when hiring or separating from foreign employees, to confirm and notify the worker’s name, status of residence, and period of stay to the Minister of Health, Labour and Welfare through Hello Work. Failure to notify, or submitting false information, may result in a fine of up to 300,000 yen.

Cases Leading from Student Status to Illegal Overstay

Student Job Hunting and Status Change

In this case, the suspect reportedly came for study purposes and subsequently fell into illegal overstay. Such cases are not uncommon.

When international students seek employment in Japan, they must change their residence status from “Student” to a work-eligible status (most commonly “Engineer/Specialist in Humanities/International Services”).

This change application requires:

  • Relevance between academic major and job duties
  • Remuneration comparable to that of Japanese nationals
  • Stability and continuity of the employing company
  • Good conduct of the applicant

If these requirements are not met, the change application will be denied.

Main Reasons for Application Denial

  1. Mismatch between major and duties
    Literature graduate performing factory simple labor, economics graduate in restaurant service work, etc.
  2. Insufficient remuneration
    Salary clearly lower than that offered to Japanese nationals performing similar work
  3. Company’s business condition
    Continuously unprofitable with questionable continuity, companies without substance, etc.
  4. Poor conduct
    Violation of work permit regulations (excessive part-time work hours), criminal record, unpaid taxes or pension contributions, etc.

Options After Denial and Pitfalls

When a status change application is denied, typically a short “period for departure preparation” is granted, and prompt return to home country is required.

However, for international students who have established a life foundation in Japan, returning home is not an easy choice. Various circumstances are involved, such as scholarship repayment obligations, remittances to family, and employment difficulties in the home country.

In such situations, people fall prey to offers claiming “there’s an easy way to get residence status” and end up committing fraudulent acts such as sham marriages.

Legal Issues and Penalties for Sham Marriages

Crimes Charged in Sham Marriage Cases

Sham marriages involve multiple legal issues:

1. Making False Entries in Original Copies of Authenticated Deeds (Article 157 of the Penal Code)
Submitting a false marriage registration constitutes causing false entries in the family register, which is an authenticated deed, punishable by imprisonment for up to 5 years or a fine of up to 500,000 yen.

2. Immigration Act Violations
Acts attempting to obtain residence status through sham marriage constitute the crime of fraudulently obtaining residence status, punishable by imprisonment or imprisonment without work for up to 3 years, a fine of up to 3 million yen, or both.

3. Illegal Overstay
If already in illegal overstay status, this constitutes immigration law violation and is subject to deportation.

Japanese Spouses Are Also Punished

In sham marriages, not only foreign nationals but also Japanese spouses are similarly punished. In this case, a Japanese national was arrested as an accomplice.

If money was received for cooperating in a sham marriage, heavier penalties may be imposed.

Subsequent Consequences

If caught in a sham marriage, the following serious consequences occur:

  • Deportation order
  • Re-entry restrictions (5-10 years, or permanently)
  • Criminal record from criminal penalties
  • Impact on employment and credibility in home country
  • Adverse effects on future legitimate marriages or residence status acquisition

Committing fraud for immediate residence status has irreversible consequences for one’s entire life.

Residence Status Management Practices for Companies

Pre-Employment Verification Steps

When employing foreign nationals, conduct thorough verification following these steps:

Step 1: Residence Card Verification

  • Front: Name, date of birth, gender, nationality/region, residence status, period of stay, employment restrictions
  • Back: Presence of permission to engage in activities other than those permitted, affiliated organization information

Step 2: Authenticity Verification of Residence Card
Counterfeit residence cards exist. Authenticity can be verified using the Immigration Services Agency’s “Residence Card Number Invalidation Information Inquiry” website or dedicated app.

Step 3: Employment Restriction Verification
Check the “Employment Restrictions” field on the residence card:

  • “Not permitted to work”: Generally cannot work (possible within certain limits with permission to engage in activities other than those permitted)
  • “Employment restricted”: Can work only within the scope permitted by residence status
  • Blank: No employment restrictions

Step 4: Compatibility with Job Duties
Verify whether planned job duties are permitted under the residence status. If judgment is difficult, consult with specialists.

Step 5: Passport Verification
The residence card should be the primary document for checking work authorization, status of residence, and period of stay; the passport may be checked as supplementary identification where necessary.

Continuous Management During Employment

After employment, continuous management is necessary:

1. Period of Stay Management System Construction

  • Centralized management of all employees’ periods of stay
  • Automatic alerts 3 months before expiration
  • Integration with HR systems

2. Regular Residence Card Verification

  • Re-verify all employees’ residence cards 1-2 times per year
  • Obtain copies of new residence cards after renewal

3. Regular Job Duty Checks

  • Verify residence status compatibility when reassigning or changing duties
  • Check that employees are not performing work not permitted under their residence status

4. Consultation Window Establishment

  • System allowing employees to easily consult about residence status
  • Support system for renewal procedures
  • Collaboration with specialists

Fulfillment of Notification Obligations

Notification of Foreign Employment Status
Employers are generally required, when hiring or separating from foreign employees, to confirm and notify the worker’s name, status of residence, and period of stay to the Minister of Health, Labour and Welfare through Hello Work. Failure to notify, or submitting false information, may result in a fine of up to 300,000 yen.

Notification Concerning Affiliated Organization
Depending on the employee’s status of residence, the foreign national may also need to file a notification concerning their affiliated organization with the Immigration Services Agency. Employers should confirm whether the employee is required to submit any such immigration-related notification, and provide practical guidance where necessary.

Support for Residence Status Renewal

Support Companies Can Provide

Corporate support for foreign employees’ residence status renewal enhances employee confidence and improves retention rates.

1. Early Communication
Reach out about renewal procedures 3-4 months before the period of stay expiration.

2. Document Preparation Support

  • Issuance of employment certificates
  • Issuance of salary payment certificates
  • Provision of company registration certificate copies
  • Provision of financial statement copies

3. Review of Renewal Application Documents
It’s also effective to review application documents for completeness before submission.

4. Introduction to Specialists
For complex cases or when concerns arise, introduce administrative scriveners or other specialists.

Risk Factors for Renewal Denial

The following factors increase the risk of renewal denial:

  • Income too low or unstable
  • Unpaid taxes or pension contributions
  • Criminal record or traffic violations
  • Activities incompatible with residence status
  • Frequent job changes
  • Deteriorating company business conditions

It’s important to identify these risk factors in advance and improve them as much as possible.

Support for Obtaining Residence Status Through Legitimate Channels

Change to Appropriate Residence Status

When hiring international students, support their change to appropriate residence status.

Change to Engineer/Specialist in Humanities/International Services
This is the most common route for students transitioning to work after graduation. The condition is engagement in work related to what was studied at university or vocational school.

Change to Specified Skilled Worker
For 14 sectors including nursing care, construction, and agriculture, there is a residence status called “Specified Skilled Worker.” It can be obtained by passing skill tests and Japanese language tests. In some cases, individuals who have completed Technical Intern Training may also be eligible to change to Specified Skilled Worker where the legal requirements are met.

Change to Designated Activities
Designated Activities includes various subcategories. For example, university graduates in Japan may be granted Designated Activities status to continue job hunting activities for a limited period after graduation.

Key Points for Change Applications

Key points for successful residence status change applications:

1. Clearly Demonstrate Relevance Between Major and Duties
In application forms and reason statements, specifically explain how university major content relates to assigned duties.

2. Appropriate Salary Setting
The salary should be set at a level comparable to that offered to Japanese nationals in similar positions. This demonstrates compliance with the requirement for remuneration equal to or higher than that of Japanese nationals.

3. Appeal Company Stability
Demonstrate company stability and continuity through financial statements, registration certificates, and company brochures.

4. Clear Personal Conduct
Verify in advance whether there are violations of work permit regulations, and check tax and pension payment status.

Response to Denial

Even if denied, there’s no need to give up immediately.

Reapplication
Based on the denial reason, reapplication is possible after improving problem areas.

Administrative Appeal
If dissatisfied with the denial decision, there’s also a procedure called administrative appeal (審査請求).

Consider Alternative Residence Status
If the originally planned residence status is difficult, consider staying under a different residence status.

In any case, we strongly recommend seeking specialist advice.

Utilizing Specialists

Role of Administrative Scriveners

Residence status applications are the specialty of administrative scriveners (行政書士). In particular, “application proxy administrative scriveners” (申請取次行政書士) are authorized to file applications with immigration on behalf of applicants.

What Administrative Scriveners Can Do

  • Diagnosis of residence status compatibility
  • Preparation of application documents
  • Advice on required documents
  • Preparation of reason statements
  • Proxy filing with immigration
  • Proposal of countermeasures when denied

Benefits of Engaging Specialists

  • Improved approval rates
  • Time and effort savings
  • Compliance with latest laws and operations
  • Handling of complex cases
  • Advance avoidance of denial risks

When to Consult Specialists

In the following situations, early consultation with specialists is recommended:

  • First time employing foreign nationals
  • Concerns about compatibility between residence status and job duties
  • Previous denial experience
  • Complex background (many job changes, gaps in history, etc.)
  • Concerns about company’s business condition
  • Approaching period of stay expiration deadline

Ideally, consult “to avoid problems” rather than “after problems arise.”

Conclusion: Proper Employment Protects Companies and Employees

This sham marriage case once again highlighted the complexity of the residence status system and the risks of not following proper procedures.

Foreign talent is becoming increasingly important in Japan’s labor market. With the advancing declining birthrate and aging population, many industries cannot function without foreign workers.

Therefore, companies are required to maintain proper employment management. This is both an obligation of legal compliance and a foundation for attracting excellent foreign talent and enabling long-term contribution.

What Companies Can Start Today

✓ Re-verify residence cards of all foreign employees
✓ Create a period of stay management system
✓ Establish an environment where employees can easily consult
✓ Collaborate with specialists as needed
✓ Deepen in-house understanding of residence status

Proper employment management is not a cost but an investment. Creating an environment where foreign employees can work with confidence leads to improved corporate productivity, reduced turnover, and enhanced brand image.

To Foreign Residents in Japan

If you have concerns about residence status, never resort to illegal methods—first consult with specialists. In many cases, there are lawful options worth exploring before taking any irreversible or unlawful step.

Committing fraud due to temporary difficulties will close off your future. Receiving appropriate support and following correct procedures lead to long-term success in Japan.

We specialists support foreign nationals to live and work in Japan with confidence, and help companies properly utilize foreign talent.

No question is too small. Please feel free to consult us.

【Source Article URL】
https://news.yahoo.co.jp/articles/443fbaeebe7d7689d1c628379e1bead39ad324a2

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