- Introduction: The Reality of Social-Media-Based Sham Marriage Operations
- 1. What is a Sham Marriage? Its Relationship with Status of Residence
- 2. Legal Risks for Companies | What is the Crime of Promoting Illegal Employment?
- 3. Types of Status of Residence and Methods for Verifying Employment Eligibility
- 4. Indicators That May Warrant Additional Caution
- 5. Corporate Obligations in Employing Foreign Nationals
- 6. Support for Foreign Employment by Administrative Scriveners
- 7. Conclusion | Ensuring Lawful Foreign Employment as a Risk Management Strategy
Introduction: The Reality of Social-Media-Based Sham Marriage Operations
According to recent media reports, individuals allegedly solicited participants via social media by posting messages such as “Contact us if you wish to marry a Japanese national,” with the apparent objective of facilitating the fraudulent acquisition of status of residence. According to police investigations, the two individuals operated as sham marriage brokers (intermediaries), reportedly earning over 15 million yen (approximately $100,000 USD) annually.
While some employers may initially consider such cases unrelated to their business operations, the legal implications are in fact highly relevant for companies employing foreign nationals. A status of residence obtained through fraudulent means may be subject to revocation, and employers who continue employment in such circumstances may face legal exposure.
In this article, from the perspective of an administrative scrivener handling visa and status of residence applications, I will provide a detailed explanation of the issues associated with fraudulent acquisition of status of residence through sham marriages, the risks companies face, and key points to understand for lawful employment of foreign nationals.
1. What is a Sham Marriage? Its Relationship with Status of Residence
1-1. Definition of Sham Marriage
A “sham marriage” (also known as a marriage of convenience) refers to a marriage registration filed without genuine marital intent or genuine intention to live as spouses, typically for the purpose of obtaining or extending status of residence. In Japan, foreign nationals who marry Japanese citizens can obtain the “Spouse or Child of a Japanese National” status of residence, which has no employment restrictions and allows relatively free living in Japan.
Certain intermediaries have reportedly taken advantage of this system by arranging marriages in form only in exchange for compensation. In this case, it was revealed that they systematically recruited applicants through social media as an organized business operation.
1-2. Characteristics of the “Spouse or Child of a Japanese National” Status of Residence
Foreign nationals with “Spouse or Child of a Japanese National” status of residence face no restrictions on the type or hours of work. This is an extremely flexible status compared to employment-based statuses of residence such as “Engineer/Specialist in Humanities/International Services.”
Therefore, cases continue where foreign nationals who would otherwise have difficulty obtaining work visas attempt to obtain this status through sham marriages.
1-3. Why a Sham Marriage May Constitute Criminal Offenses
Sham marriages may violate the following laws:
Making False Entries in Official Documents (Article 157 of the Penal Code of Japan): The act of submitting a false marriage registration
Violations of the Immigration Control and Refugee Recognition Act (Japan): Obtaining status of residence through false applications
Crime of Promoting Illegal Employment (Article 73-2 of the Immigration Control and Refugee Recognition Act): Employers may also be subject to penalties if they permit employment under status of residence obtained through sham marriage
What requires particular attention is that even where an employer asserts lack of knowledge, liability may arise if adequate verification procedures were not exercised.
2. Legal Risks for Companies | What is the Crime of Promoting Illegal Employment?
2-1. Content of the Crime of Promoting Illegal Employment
Article 73-2 of the Immigration Control and Refugee Recognition Act stipulates the “Crime of Promoting Illegal Employment.” This provision addresses situations where business operators cause foreign nationals to work illegally.
Specifically, the following cases apply:
- Employing persons who are illegally overstaying
- Permitting foreign nationals with status of residence that does not permit employment to work
- Failing to detect forged or altered Residence Cards and employing such individuals
- Continuing to employ someone after their period of stay has expired
The statutory penalty includes imprisonment for up to three years, a fine of up to JPY 3,000,000, or both.
2-2. Lack of Knowledge Is Not Necessarily a Defense
“The person had a Residence Card, so we believed there were no issues.” “We verified status during the interview, but did not track renewal status thereafter.”
Such explanations may not constitute a sufficient legal defense. Companies have an obligation to verify status of residence when employing foreign nationals, and may be held liable for negligence if they fail to exercise reasonable care.
In particular, since status of residence obtained through sham marriage may be invalid, companies that employed such foreign nationals may also bear associated legal risks.
2-3. Reported Cases of Corporate Penalties
In past reported cases, restaurant operators and construction companies have faced arrest, fines, or administrative sanctions for employing foreign nationals without proper verification. These cases have also resulted in significant reputational damage to the businesses involved.
3. Types of Status of Residence and Methods for Verifying Employment Eligibility
3-1. Main Types of Status of Residence
Japan has nearly 30 types of status of residence, each with different employment permissions. Below are representative examples:
| Status of Residence | Employment Allowed | Characteristics |
|---|---|---|
| Engineer/Specialist in Humanities/International Services | ○ | Engineers, interpreters, sales, etc. |
| Specified Skilled Worker | ○ | Employment in labor shortage fields |
| Technical Intern Training | △ | Only work based on training plan |
| Student | △ | Up to 28 hours/week with permission for activities outside status |
| Dependent | △ | Up to 28 hours/week with permission for activities outside status |
| Spouse or Child of a Japanese National | ○ | No restrictions |
| Permanent Resident | ○ | No restrictions |
| Temporary Visitor | × | Employment not permitted |
3-2. Residence Card Verification Points
When employing foreign nationals, it is advisable to inspect the original Residence Card. Points to confirm include:
Name, date of birth, nationality: Consistency with identification documents
Type of status of residence: Whether it is a status that permits employment
Period of stay: Whether it has not expired
Presence/absence of employment restrictions: Whether the back of the card indicates “Employment not permitted”
Permission for activities outside designated status: For students and dependents, verification of whether permission exists
3-3. Method for Verifying Residence Card Number Authenticity
In recent years, forged Residence Cards have been increasing. Since visual inspection alone may be insufficient, employers may utilize the official Residence Card Number Validity Inquiry system provided by the Immigration Services Agency of Japan.
This inquiry system allows verification of card validity by entering the Residence Card number. It is recommended to conduct such checks prior to employment.
The system is available on the Immigration Services Agency’s website.*
4. Indicators That May Warrant Additional Caution
4-1. Signs of Potentially Sham Marriages
Sham marriages may exhibit the following characteristics that may warrant additional caution:
- Not cohabiting after marriage
- Limited knowledge of spouse’s occupation or address
- Unclear or inconsistent circumstances leading to marriage
- Separating shortly after marriage
- Difficulty contacting spouse
While it may be challenging for companies to assess all these factors when employing foreign nationals, making reasonable inquiries during the hiring process regarding matters such as the spouse’s occupation or address may occasionally reveal inconsistencies.
4-2. Points Immigration Authorities May Scrutinize
The Immigration Services Agency of Japan may examine the following points during status of residence screening:
- Unclear circumstances leading to marriage
- Significant age difference
- Unstable income or insufficient living foundation
- Prior history of similar applications
- Very short dating period following introduction through social media
In such cases, additional document submission or interviews may be required.
5. Corporate Obligations in Employing Foreign Nationals
5-1. Verification Obligations at Time of Employment
When employing foreign nationals, companies have the following obligations:
- Inspect the Residence Card
- Confirm whether status of residence permits employment
- Verify period of stay
- Notification to Hello Work (“Foreign Employment Status Notification”)
Failure to fulfill these obligations may result in administrative guidance or penalties.
5-2. Obligation to Notify Hello Work
Companies that employ foreign nationals must submit a “Foreign Employment Status Notification” to Hello Work (Public Employment Security Office). This applies to all foreign workers regardless of whether they are employment insurance subscribers.
Failure to submit the required notification may result in fines of up to JPY 300,000.
5-3. Management of Period of Stay
Continuing to employ foreign nationals whose period of stay has expired may constitute the crime of promoting illegal employment. Companies should encourage renewal procedures as the period of stay approaches and verify the renewed Residence Card.
6. Support for Foreign Employment by Administrative Scriveners
6-1. Proxy Application for Status of Residence
Application, change, and renewal procedures for status of residence are complex, with numerous required documents. Administrative scriveners may handle these procedures on behalf of clients, supporting smooth applications.
6-2. Work Visa Acquisition Support
When newly hiring foreign nationals, work visas such as “Engineer/Specialist in Humanities/International Services” or “Specified Skilled Worker” may be required. Administrative scriveners can assess the circumstances of both companies and foreign nationals, recommending appropriate status of residence options.
6-3. Residence Card Authenticity Verification and Legality Assessment
Where there is uncertainty regarding whether the status of residence of currently employed foreign nationals is lawful, consulting with an administrative scrivener can facilitate Residence Card authenticity verification and employment status legality assessment.
6-4. Corporate Foreign Employment Compliance Training
Administrative scriveners may also provide compliance training for HR personnel regarding foreign employment regulations and legal compliance requirements. This can serve as a foundation for establishing lawful employment practices.
7. Conclusion | Ensuring Lawful Foreign Employment as a Risk Management Strategy
This reported incident illustrates the seriousness with which authorities treat misuse of the status of residence system. The fact that the individuals reportedly earned over 15 million yen annually suggests substantial demand for such services.
However, to avoid potential legal exposure, companies should implement thorough lawful employment processes. Maintaining diligent practices regarding Residence Card verification, employment status assessment, and period of stay management represents a fundamental risk management approach.
Additionally, where companies have concerns or questions regarding foreign employment matters, consultation with qualified administrative scriveners or other legal professionals may be advisable. Lawful and transparent employment practices serve the interests of both companies and foreign talent.
In this era of advancing globalization, effective utilization of foreign talent represents a strategic consideration for corporate growth. Accordingly, maintaining compliance with applicable laws and regulations and creating appropriate working environments constitutes sound corporate governance and may contribute to long-term organizational sustainability.
Companies seeking guidance on immigration compliance may consider consulting qualified administrative scriveners or other legal professionals with expertise in Japanese immigration law.
Reference article: https://news.yahoo.co.jp/articles/89234843eb993a2628384ff8b389e3719526b84b
Related resources: *Immigration Services Agency of Japan – Residence Card Number Validity Inquiry: https://lapse-immi.moj.go.jp/html/top.html
