Note: This article is based on Japanese laws and materials published by the Ministry of Internal Affairs and Communications (MIC) and the Immigration Services Agency of Japan (ISA) as of October 9, 2026.
On January 1, 2026, the amended Gyoseishoshi Act (行政書士法) came into effect. A person who is not a Gyoseishoshi (行政書士; administrative scrivener, officially "Certified Administrative Procedures Legal Specialist") or a Gyoseishoshi corporation (行政書士法人) may not, at the request of others and for a fee under any name, prepare documents to be submitted to public agencies as a business (業として; that is, on a regular basis) (except where another Act provides otherwise, as for attorneys (弁護士) and others).
What the amendment added to the text of the provision is the wording "at the request of others and for a fee, regardless of the name under which it is received" (他人の依頼を受けいかなる名目によるかを問わず報酬を得て). The words "registered support organization" (登録支援機関) do not appear in the provision. This article explains, within the scope of the text of the Act and published materials, the cases in which registered support organizations, recruitment agencies (job placement agencies) and accepting companies can and cannot prepare status of residence application documents.
Contents
- The provisions changed by the amendment of January 1, 2026
- Who is prohibited from doing what
- Submitting an application on the applicant's behalf and preparing documents are separate acts
- Situation by situation: when documents can and cannot be prepared
- Contracts that include document preparation in the support outsourcing fee
- Penalties for violations, and the effect on registration as a registered support organization
- Official materials issued before and after the amendment came into effect
- Frequently Asked Questions
- Summary
- References
The provisions changed by the amendment of January 1, 2026
The amendments relevant to this article are Article 19, paragraph 1, which restricts the business of persons who are not Gyoseishoshi, and the penalty provisions in Article 21-2 and Article 23-3. In addition, provisions on the mission and professional responsibilities were newly established, and the scope of business of specified Gyoseishoshi (特定行政書士) was expanded. The amending act (Act No. 65 of 2025) was promulgated on June 13, 2025 and came into effect on January 1, 2026.
| Provision | Before the amendment | After the amendment (in effect from January 1, 2026) |
|---|---|---|
| Main clause of Article 19, paragraph 1 (Restriction of Business) | A person who is not a Gyoseishoshi or a Gyoseishoshi corporation shall not carry out, as a business, the business stipulated in Article 1-2. (行政書士又は行政書士法人でない者は、業として第一条の二に規定する業務を行うことができない。) | A person who is not a Gyoseishoshi or a Gyoseishoshi corporation shall not, at the request of others and for a fee, regardless of the name under which it is received, carry out, as a business, the business stipulated in Article 1-3. (行政書士又は行政書士法人でない者は、他人の依頼を受けいかなる名目によるかを問わず報酬を得て、業として第一条の三に規定する業務を行うことができない。) |
| Article that defines the business | Article 1-2 | Article 1-3 (the Article number moved down by one; the wording is the same) |
| Penalty for violating Article 19, paragraph 1 | Article 21, item 2: imprisonment (拘禁刑) for not more than one year or a fine of not more than 1 million yen | Article 21-2: imprisonment (拘禁刑) for not more than one year or a fine of not more than 1 million yen |
| Dual liability provision (両罰規定: the corporation is also fined) (Article 23-3) | Covered violations of Article 23-2, item 1 | Article 21-2 (violation of Article 19, paragraph 1) and others were added to what is covered |
Source: Ministry of Internal Affairs and Communications, "Act Partially Amending the Gyoseishoshi Act: Comparison Table of the Old and New Provisions" (in Japanese), "Outline of the Act Partially Amending the Gyoseishoshi Act" (in Japanese)
The proviso to Article 19, paragraph 1 (cases where another Act provides otherwise, and so on) has not been amended.
The Ministry of Internal Affairs and Communications explains this amendment as a "clarification of the intent" (趣旨の明確化). It has been the interpretation since before the amendment that it is illegal for a person who is not a Gyoseishoshi or a Gyoseishoshi corporation to prepare documents as a business, at the request of others, in return for consideration received under any name, such as a "handling fee" or a "consulting fee"; the amendment states this interpretation expressly in the text of the provision.
Source: Ministry of Internal Affairs and Communications, "Promulgation of the Act Partially Amending the Gyoseishoshi Act (Notice)" (in Japanese; 総行行第281号, dated June 13, 2025)
Who is prohibited from doing what
What is prohibited is for a person who is not a Gyoseishoshi or a Gyoseishoshi corporation to prepare, at the request of others, for a fee and as a business, documents to be submitted to public agencies and the like. The subject of the provision is "a person who is not a Gyoseishoshi or a Gyoseishoshi corporation"; it is not limited to any type of business.
- A person who is not a Gyoseishoshi or a Gyoseishoshi corporation
- at the request of others
- for a fee, regardless of the name under which it is received
- as a business
- prepares documents to be submitted to a public agency (including electromagnetic records, that is, electronic data) and other documents relating to rights, duties or the certification of facts (the business under Article 1-3)
The application forms for an Application for Certificate of Eligibility (在留資格認定証明書交付申請), an Application for Change of Status of Residence (在留資格変更許可申請) and an Application for Extension of Period of Stay (在留期間更新許可申請) are documents submitted to a regional immigration services bureau. Registered support organizations, recruitment agencies and accepting companies fall within the subject of this provision unless they are Gyoseishoshi or Gyoseishoshi corporations.
The provision also sets out the cases that do not fall under it.
| Case | Basis |
|---|---|
| Where another Act provides otherwise (the ISA's cautionary note excludes attorneys from its scope) | Proviso to Article 19, paragraph 1 |
| Where a person specified by Order of the Ministry of Internal Affairs and Communications prepares electromagnetic records for procedures specified by Order of that Ministry (procedures such as motor vehicle registration; status of residence procedures are not included) | Proviso to Article 19, paragraph 1; Regulation for Enforcement of the Gyoseishoshi Act, Article 20 |
The ISA also includes a cautionary note in its guidance on submitting applications on the applicant's behalf (申請取次). It says that there is a risk that it constitutes a violation of the Gyoseishoshi Act for a person other than an attorney or a Gyoseishoshi to prepare, for a fee and as a business, application forms and other documents to be submitted to public agencies.
Source: Gyoseishoshi Act, Article 1-3 and Article 19, paragraph 1 (e-Gov Laws and Regulations Search) (in Japanese); Immigration Services Agency of Japan, "Procedures for Approval as an Authorized Filing Agent" (in Japanese)
Submitting an application on the applicant's behalf and preparing documents are separate acts
What staff members of a registered support organization are permitted to do is submission on the applicant's behalf (取次ぎ), that is, submitting the application form and materials to the immigration office. Preparing the documents is not part of submission on the applicant's behalf.
The application agency system (申請等取次制度) is an exception to the principle that the person concerned appears in person at the regional immigration services bureau. A person whom the director of the regional immigration services bureau finds appropriate submits the application form and other documents on behalf of the person concerned.
| Submission on the applicant's behalf (取次ぎ) | Preparation of documents | |
|---|---|---|
| Content | Factual acts such as submitting the application form and materials (事実行為: acts with no legal effect in themselves) | Making the documents themselves, such as the application form |
| Basis | Regulation for Enforcement of the Immigration Control and Refugee Recognition Act, Article 6-2, paragraph 4 (applications for a Certificate of Eligibility); Article 59-4, paragraph 4 and paragraph 2, item 1, sub-item (a) (イ) of the same Article (change of status and extension) | Gyoseishoshi Act, Article 1-3 and Article 19, paragraph 1 |
| Staff members of a registered support organization | Can be done by a staff member of an organization to which the implementation of the entire support plan has been outsourced, and whom the director of the regional immigration services bureau finds appropriate | Cannot be done at the request of others, for a fee and as a business |
The ISA explains that a person who submits an application on the applicant's behalf cannot sign as the applicant or directly correct the entries. The same applies where a staff member of an accepting company has been approved as an authorized filing agent (申請等取次者).
Source: Immigration Services Agency of Japan, "Application Agency System" (in Japanese), "Procedures for Approval as an Authorized Filing Agent" (in Japanese), "Overview of the Application Agency System" (in Japanese; October 2025)
Situation by situation: when documents can and cannot be prepared
The dividing lines are whether it is done "at the request of others", whether consideration for the preparation is received, and whether it is done as a business. The table below separates what is written in the text of the Act and published materials from our office's reading.
| Situation | Treatment | Type of basis |
|---|---|---|
| The accepting company itself prepares its own written employment contracts and company materials | Does not fall under Article 19, paragraph 1. That paragraph has "at the request of others" as a condition | Text of the provision + our office's reading |
| A staff member of the accepting company files an Application for Certificate of Eligibility as a representative | Can be done. A staff member of the accepting organization can apply as a representative | Immigration Control and Refugee Recognition Act, Article 7-2, paragraph 2; ISA |
| A registered support organization or recruitment agency prepares application documents at a request, for consideration and as a business | Cannot be done | Text of the provision; the ISA's cautionary note |
| The documents are prepared with the consideration received under another name (such as a handling fee or consulting fee) | Cannot be done. The name does not matter | Text of the provision; the MIC notice |
| The documents are prepared without receiving any consideration at all | Article 19, paragraph 1 has "for a fee" as a condition. If consideration for the preparation is included in other charges, this may amount to having received a fee | Text of the provision + our office's reading |
| Providing an input form or system in which users enter information at their own judgment | It is considered that the person preparing the documents is the user and that this would not go so far as to be assessed as preparing them as a business (a reply premised on the business that was the subject of the inquiry) | MIC reply (February 6, 2025) |
| Providing materials that serve as a basis or reference for making the documents | It is considered that, as long as it goes no further than providing materials, this does not constitute "preparation" of documents (a reply to an inquiry about support for subsidy applications) | MIC reply (October 10, 2025) |
The two replies from the Ministry of Internal Affairs and Communications are replies to inquiries under the Industrial Competitiveness Enhancement Act (産業競争力強化法), and they are premised on the content of the businesses that were the subject of the inquiries. The reply of October 10, 2025 also asks that care be taken so that carrying out the business does not amount to preparing documents.
We have not been able to confirm any published material indicating at what point advice on, or checking of, the content of documents becomes "preparation" (as of October 9, 2026). What Article 19, paragraph 1 restricts is the business under Article 1-3 (preparation of documents); providing consultations (Article 1-4, paragraph 1, item 4) is not listed.
Source: Ministry of Internal Affairs and Communications, "Publication of the Content of the Reply to a Request for Confirmation Concerning New Business Activities (Reply of February 6, 2025)" (in Japanese), "Same (Reply of October 10, 2025)" (in Japanese); Gyoseishoshi Act, Article 1-3, Article 1-4 and Article 19, paragraph 1
Contracts that include document preparation in the support outsourcing fee
Even under the name of a support outsourcing fee (支援委託料), if consideration for preparing documents is included in it, this falls under "for a fee". This is because the provision says "regardless of the name under which it is received".
We have not been able to confirm any material published by the ISA or the Ministry of Internal Affairs and Communications that addresses the support outsourcing fee itself (as of October 9, 2026). The Japan Federation of Certified Administrative Procedures Legal Specialists Associations (日本行政書士会連合会) set out its view in a statement by its President dated March 29, 2019. The statement says that it also violates the Gyoseishoshi Act where a registered support organization receives the fee for preparation "together, as a whole, with fees for other services, etc." (他の業務等に係る報酬と包括して得る場合).
In light of the conditions in the provision, whether an individual contract constitutes a violation is determined not by the name used in the contract but by who prepares the documents and what the consideration was paid for (our office's reading).
- Who actually prepares the application documents (the accepting company, the foreign national concerned, staff members of the registered support organization, or a Gyoseishoshi or attorney)
- Whether the scope of services in the support outsourcing contract includes preparing application documents
- Where a Gyoseishoshi is asked to prepare the documents, whether the request and the payment of the fee take place between the client and the Gyoseishoshi
Because how the provision applies varies with the content of the contract and how the documents are made, we will check the details when you consult us about our application support for the Specified Skilled Worker visa.
From April 1, 2027, the parties to which support for specified skilled workers (i) can be outsourced will be limited to registered support organizations. This is summarized in our article Japan Specified Skilled Worker (SSW) Visa.
Source: Ministry of Internal Affairs and Communications, "Promulgation of the Act Partially Amending the Gyoseishoshi Act (Notice)" (in Japanese); Japan Federation of Certified Administrative Procedures Legal Specialists Associations, "Statement by the President: Statement on Submission of Applications on the Applicant's Behalf by Staff Members of Registered Support Organizations" (in Japanese; March 29, 2019)
Penalties for violations, and the effect on registration as a registered support organization
For a violation of Article 19, paragraph 1, the person who committed the violation is punished by imprisonment (拘禁刑) for not more than one year or a fine of not more than 1 million yen. Where the violation was committed in relation to the business of a corporation, a fine of not more than 1 million yen is also imposed on the corporation.
| Who | Penalty | Provision |
|---|---|---|
| The person who committed the violation | Imprisonment (拘禁刑) for not more than one year or a fine of not more than 1 million yen | Article 21-2 |
| The corporation or individual concerned (where a representative, or an agent, employee or other worker, has committed the violation in relation to the business of that corporation or individual) | A fine of not more than 1 million yen | Article 23-3 |
The severity of the penalty for the person who committed the violation is the same as before the amendment. The fine for corporations and the like (the dual liability provision) came to apply starting with acts committed on or after January 1, 2026. To acts committed before the amendment came into effect, the pre-amendment penalties apply (Article 2 of the Supplementary Provisions of the amending act).
For a registered support organization, the effect on its registration differs depending on the type of punishment.
| Punishment | Effect on registration | Basis |
|---|---|---|
| Imprisonment (拘禁刑) or a heavier punishment (where imposed on the person who is registered as an individual, or on an officer of a corporation) | Falls under the grounds for refusal of registration (for five years from the day on which the sentence was completed, etc.). If this comes to apply after registration, the Commissioner of the Immigration Services Agency may revoke the registration | Immigration Control and Refugee Recognition Act, Article 19-26, paragraph 1, item 1; Article 19-32, paragraph 1, item 1 |
| Fine | Does not fall under the ground for refusal in item 2. A fine is a ground for refusal under the Immigration Control and Refugee Recognition Act, the Technical Intern Training Act, labor-related Acts specified by Cabinet Order, and so on (items 2 to 4); the Gyoseishoshi Act is not included | Immigration Control and Refugee Recognition Act, Article 19-26, paragraph 1, item 2; Order for Enforcement of the Immigration Control and Refugee Recognition Act, Article 5 |
| An officer of a corporation falls under a ground for refusal | The corporation also falls under a ground for refusal | Immigration Control and Refugee Recognition Act, Article 19-26, paragraph 1, item 12 |
If a registration is revoked, registration cannot be obtained for five years from the date of the revocation (item 7 of the same paragraph).
The grounds for refusal also include "a wrongful or significantly unjustifiable act in relation to the laws and regulations on immigration or labor" (出入国又は労働に関する法令に関し不正又は著しく不当な行為; item 9 of the same paragraph). We have not been able to confirm any ISA material indicating whether a violation of the Gyoseishoshi Act falls under this (as of October 9, 2026).
Source: Gyoseishoshi Act, Article 21-2 and Article 23-3; Immigration Control and Refugee Recognition Act, Article 19-26 and Article 19-32 (e-Gov Laws and Regulations Search) (in Japanese)
Official materials issued before and after the amendment came into effect
What has been published are explanations of the system and calls for caution. We have not been able to confirm any material in which the Ministry of Internal Affairs and Communications or the ISA has published cases of violations being uncovered (摘発) or dispositions being imposed (処分) in connection with status of residence application documents (as of October 9, 2026).
| Issuer | Content |
|---|---|
| Ministry of Internal Affairs and Communications | Posted an explanation of the amending act on its "The Gyoseishoshi System" page. Asked each ministry and agency and local governments to take measures to prevent the involvement of persons who are not Gyoseishoshi (notice of June 13, 2025; the attached materials were partly updated on January 1, 2026) |
| ISA | Posted a cautionary note about the preparation of documents on its guidance page on submitting applications on the applicant's behalf (the page does not say when the note was posted) |
| Japan Federation of Certified Administrative Procedures Legal Specialists Associations | Comment by its President on the intent of the amendment (November 1, 2025). Publication of examples considered to constitute violations in motor vehicle registration procedures (July 29, 2026) |
The procedures for which the Japan Federation of Certified Administrative Procedures Legal Specialists Associations has published examples are motor vehicle registration procedures. We have not been able to confirm any material of the same kind for status of residence procedures (as of October 9, 2026).
Source: Ministry of Internal Affairs and Communications, "The Gyoseishoshi System" (in Japanese); Japan Federation of Certified Administrative Procedures Legal Specialists Associations, "Comment by the President: On the Intent, etc. of the Amendment of Article 19, Paragraph 1 and Article 23-3 of the Gyoseishoshi Act" (in Japanese), "Examples Considered to Constitute Violations of the Gyoseishoshi Act in Motor Vehicle Registration and Other Procedures" (in Japanese)
Frequently Asked Questions
Do the post-amendment penalties apply to acts committed up to the end of 2025?
To acts committed before the amendment came into effect, the pre-amendment penalties apply (Article 2 of the Supplementary Provisions of the amending act). The Ministry of Internal Affairs and Communications explains that preparing documents as a business in return for consideration was interpreted as illegal even before the amendment. Before the amendment, this was not covered by the dual liability provision for corporations and the like.
If a Gyoseishoshi is on the staff of a registered support organization, can the organization prepare the documents?
It cannot be said from the text of the Act that documents can be prepared merely because a Gyoseishoshi is on the staff (our office's reading). If it is the registered support organization that receives the request and the fee, the subject of Article 19, paragraph 1 is the registered support organization. In the text of the Gyoseishoshi Act, those listed as parties for whom a Gyoseishoshi can engage in the business as an employee are other Gyoseishoshi and Gyoseishoshi corporations (Article 1-5).
Summary
With the amendment that came into effect on January 1, 2026, the wording "at the request of others and for a fee, regardless of the name under which it is received" was added to Article 19, paragraph 1 of the Gyoseishoshi Act. A person who is not a Gyoseishoshi or a Gyoseishoshi corporation may not, at the request of others, prepare status of residence application documents as a business in return for consideration, even under a name such as a support outsourcing fee or a handling fee (except where another Act provides otherwise). The penalties provided are imprisonment (拘禁刑) for not more than one year or a fine of not more than 1 million yen for the person who committed the violation, and a fine of not more than 1 million yen for the corporation.
What staff members of a registered support organization are permitted to do is to submit the application on the applicant's behalf, and an accepting company is not restricted from preparing its own documents itself. As a first step, please check who actually prepares the application documents and whether the scope of services in the support outsourcing contract includes preparing documents.
References
- Gyoseishoshi Act (Act No. 4 of 1951), Article 1-3, Article 1-4, Article 1-5, Article 19, paragraph 1, Article 21-2 and Article 23-3 (e-Gov Laws and Regulations Search) (in Japanese)
- Act Partially Amending the Gyoseishoshi Act (Act No. 65 of 2025), Articles 1 and 2 of the Supplementary Provisions (Ministry of Internal Affairs and Communications, "Text and Reasons") (in Japanese)
- Regulation for Enforcement of the Gyoseishoshi Act (Order of the Prime Minister's Office No. 5 of 1951), Article 20 (e-Gov Laws and Regulations Search) (in Japanese)
- Ministry of Internal Affairs and Communications, "Outline of the Act Partially Amending the Gyoseishoshi Act" (in Japanese)
- Ministry of Internal Affairs and Communications, "Act Partially Amending the Gyoseishoshi Act: Comparison Table of the Old and New Provisions" (in Japanese)
- Ministry of Internal Affairs and Communications, "Promulgation of the Act Partially Amending the Gyoseishoshi Act (Notice)" (in Japanese; 総行行第281号, dated June 13, 2025)
- Ministry of Internal Affairs and Communications, "The Gyoseishoshi System" (in Japanese)
- Ministry of Internal Affairs and Communications, "Publication of the Content of the Reply to a Request for Confirmation Concerning New Business Activities (Reply of February 6, 2025)" (in Japanese), "Same (Reply of October 10, 2025)" (in Japanese)
- Immigration Services Agency of Japan, "Application Agency System" (in Japanese), "Overview of the Application Agency System" (in Japanese; October 2025)
- Immigration Services Agency of Japan, "Procedures for Approval as an Authorized Filing Agent" (in Japanese)
- Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951), Article 7-2, paragraph 2, Article 19-26 and Article 19-32 (e-Gov Laws and Regulations Search) (in Japanese)
- Order for Enforcement of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 178 of 1998), Article 5 (e-Gov Laws and Regulations Search) (in Japanese)
- Regulation for Enforcement of the Immigration Control and Refugee Recognition Act (Ministry of Justice Order No. 54 of 1981), Article 6-2, paragraph 4, and Article 59-4, paragraph 2, item 1, sub-item (a) (イ) and paragraph 4 (e-Gov Laws and Regulations Search) (in Japanese)
- Japan Federation of Certified Administrative Procedures Legal Specialists Associations, "Statement by the President: Statement on Submission of Applications on the Applicant's Behalf by Staff Members of Registered Support Organizations" (in Japanese; March 29, 2019)
- Japan Federation of Certified Administrative Procedures Legal Specialists Associations, "Comment by the President: On the Intent, etc. of the Amendment of Article 19, Paragraph 1 and Article 23-3 of the Gyoseishoshi Act" (in Japanese; November 1, 2025)
- Japan Federation of Certified Administrative Procedures Legal Specialists Associations, "Examples Considered to Constitute Violations of the Gyoseishoshi Act in Motor Vehicle Registration and Other Procedures" (in Japanese; July 29, 2026)
