Facilitating Illegal Work in Japan: Up to 5 Years in Prison, 5 Million Yen Fine from April 2027; Hiring Checks, Licenses

Note: This article is based on Japanese laws and materials published by the Immigration Services Agency of Japan (ISA) as of October 9, 2026.

The offense of facilitating illegal work (不法就労助長罪) is a provision that punishes a person who has had a foreign national engage in illegal work, or who has arranged illegal work (Article 73-2 of the Immigration Control and Refugee Recognition Act (入管法; the "Immigration Act")). The penalties are imprisonment (拘禁刑) for not more than three years or a fine of not more than 3 million yen, or both, and on April 1, 2027 they will be raised to not more than five years / not more than 5 million yen.

Even where the person did not know that the other party was an illegal worker, the person is not exempt from punishment if there is negligence, such as not having checked the residence card (在留カード). This article explains the acts covered, what to check when hiring, and the effect on licenses and approvals, following the text of the Act and the ISA's materials.

Acts covered by the offense of facilitating illegal work

Three acts are covered: having a foreign national engage in illegal work, placing a foreign national under one's control for that purpose, and arranging such acts on a regular basis.

Item 1 does not say "a person who has employed" (雇用した者); it says "a person who has had a foreign national engage in illegal work" (不法就労活動をさせた者). Because of item 3, the side that arranged such acts on a regular basis is also covered.

When an employee commits a violation in the course of the company's business, a fine is imposed not only on that employee but also on the company (Immigration Act, Article 76-2). This is called a dual liability provision (両罰規定).

If the person who had a foreign national engage in illegal work, or who arranged it, is a foreign national, that person also becomes subject to deportation. This includes a person who incited or aided such acts (Immigration Act, Article 24, item 3-4).

Source: Immigration Control and Refugee Recognition Act (in Japanese), Articles 73-2 and 76-2, and Article 24, item 3-4

The three cases that constitute illegal work

The ISA divides the cases that constitute illegal work into three. Even a person who has a status of residence is working illegally if they work beyond the permitted scope.

Even if there is no problem at the time of hiring, the third case also arises after the person joins the company. When you change the duties the person is in charge of, or increase the working hours of a part-time job, check that they stay within the scope of the status of residence or of the permission to engage in activities other than those permitted under the status of residence previously granted (資格外活動許可).

Source: Immigration Services Agency of Japan, "Please Cooperate in the Proper Employment of Foreign Nationals" (leaflet; in Japanese)

What happens if you "did not know"?

Not knowing that it was illegal work is not a ground for exemption from punishment, except where there is no negligence.

Article 73-2, paragraph 2 of the Immigration Act provides that a person cannot be exempt from punishment on the grounds of not knowing the following three matters. However, this does not apply if there is no negligence.

In what cases is there found to be negligence? The ISA explains: "Where there is negligence, such as not having checked the residence card, the person is not exempt from punishment" (在留カードを確認していない等の過失がある場合には、処罰を免れません).

For that reason, hiring a person after checking the residence card is the starting point on the employer's side. How to check is explained in "What to check when hiring."

Source: Immigration Control and Refugee Recognition Act (in Japanese), Article 73-2, paragraph 2; Immigration Services Agency of Japan, "Please Cooperate in the Proper Employment of Foreign Nationals" (in Japanese)

From when, and how, will the penalties change?

On April 1, 2027, the penalties will be raised to "imprisonment for not more than five years / a fine of not more than 5 million yen." As of October 9, 2026, the penalties before the raising apply.

The raising was provided for by Act No. 60 of 2024, which was promulgated on June 21, 2024. It is the same Act as the one establishing the Employment for Skill Development (ESD) Program (育成就労制度), and the enforcement date is also the same.

The raised penalties apply to acts committed on or after April 1, 2027. To acts committed before that date, the penalties before the raising apply (Act No. 60 of 2024, Article 22 of the Supplementary Provisions).

The acts covered (the three in paragraph 1) and the treatment where the person did not know (paragraph 2) will not change after the amendment.

Source: Immigration Control and Refugee Recognition Act (in Japanese), Article 73-2 (current text; the text after the amendment is under Act No. 60 of 2024 and comes into effect on April 1, 2027); Immigration Services Agency of Japan, "The 2024 Amendments to the Immigration Control and Refugee Recognition Act and Other Acts" (in Japanese)

What to check when hiring

Once you have decided to hire a person, check the "Restriction on Employment" field (就労制限の有無) and the field for permission to engage in activities other than those permitted (資格外活動許可欄) on the original residence card. The Ministry of Health, Labour and Welfare (MHLW) advises employers to check orally or in writing at the selection stage, and to check with the residence card after the job offer (内定).

1. Look at the "Restriction on Employment" field (就労制限の有無) on the front: If it says "No restriction on employment" (就労制限なし), there is no restriction on the content of the work. If it says "Only work permitted under the status of residence" (在留資格に基づく就労活動のみ可), the person is limited to the work permitted under the status of residence. If it says "Not permitted to work" (就労不可), in principle you cannot employ the person
2. Look at the field for permission to engage in activities other than those permitted (資格外活動許可欄): Even a person whose card says "Not permitted to work" can work within the scope of the permission if a permission is stated in this field. "In principle, within 28 hours per week" (原則週28時間以内), which is common among international students, is the total across multiple part-time jobs
3. Read the card with the Residence Card Checker app (在留カード等読取アプリケーション): Compare the information on the IC chip with the face of the card, and check that there is no forgery or alteration. The ISA distributes the app free of charge
4. Use the inquiry on invalidated residence card numbers (失効情報照会): Check that the residence card number has not lost its validity. It can be used from the Residence Card Checker app

For a person whose status of residence is "Specified Skilled Worker" (特定技能) or "Designated Activities" (特定活動), also check the Designation (指定書), which states the activities designated by the Minister of Justice.

There are cases where a person can work even without holding a residence card. Examples are a person whose period of stay is "3 months" (3月) or less, and a person whose passport states that "a residence card will be issued at a later date" (後日在留カードを交付する). In such cases, check with the passport or other documents whether the person can work.

How to read cards issued on or after June 14, 2026

From June 14, 2026, the form of the residence card changed, and the "Specified Residence Card" (特定在留カード), which is combined with the Individual Number Card (My Number Card), also started. Obtaining a Specified Residence Card is optional.

On cards in the new form, the period of stay (the length, such as "3 years") is not written on the face of the card. The date of expiration of the period of stay is written on the face of the card. If you read the card with a version of the Residence Card Checker app dated August 19, 2026 or later, the app can display the three items, including the period of stay.

Source: Immigration Services Agency of Japan, "Please Cooperate in the Proper Employment of Foreign Nationals" (in Japanese), "Residence Card Checker App / Inquiry on Invalidated Residence Card Numbers: Support Page" (in Japanese), "Application for Issuance of a Specified Residence Card" (in Japanese); Ministry of Health, Labour and Welfare, "Employ Foreign Nationals Properly and in Compliance with the Rules" (in Japanese)

Notifications at hiring and at separation from employment

When you hire a foreign national, and when that person separates from employment, the employer files the Notification of the Employment Status of Foreign Nationals (外国人雇用状況の届出) with Hello Work (Public Employment Security Office). Failing to file the notification, or filing a false notification, is subject to a fine of not more than 300,000 yen (Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives (労働施策総合推進法), Article 28, paragraph 1 and Article 50).

The notification covers foreign nationals other than special permanent residents and persons with the status of residence "Diplomat" (外交) or "Official" (公用). The content to be notified is checked with the residence card or other documents, but there is no need to attach a copy.

Source: Ministry of Health, Labour and Welfare, "Notification of the Employment Status of Foreign Nationals" (in Japanese); Labor Measures Comprehensive Promotion Act (労働施策総合推進法) (in Japanese), Articles 28 and 50

How does it affect licenses and approvals?

Under the systems related to the acceptance of foreign nationals and to human resources, a person who is sentenced to a fine for the offense of facilitating illegal work cannot obtain a license or accreditation for five years. The systems that could be confirmed in the text of the laws as of October 9, 2026 are as follows.

The "five years" is counted from, among others, the day on which the execution of the sentence was completed. Where an officer of a corporation falls under this, the corporation also cannot obtain a license or accreditation. A license, accreditation or registration that has already been obtained may be revoked.

Imprisonment or a heavier punishment is, regardless of the name of the offense, a ground for disqualification (欠格事由) for five years under these systems (for a corporation, where an officer has received the sentence).

On the other hand, for a construction business license, the Immigration Act is not listed among the laws for which a fine results in disqualification. Where a person has been sentenced to imprisonment or a heavier punishment, the person cannot obtain a license for five years in the construction business either (Construction Business Act (建設業法), Article 8, items 7 and 8; Order for Enforcement of the same Act, Article 3-2).

Source: the following laws on e-Gov Laws and Regulations Search (in Japanese): Worker Dispatching Act, Employment Security Act, Ministerial Order to Provide for Criteria for the Employment Contract for Specified Skilled Workers and Support Plan for Specified Skilled Workers (i) (特定技能基準省令), Technical Intern Training Act, Construction Business Act

Has "adding it to the grounds for disqualification under the laws regulating individual industries" been decided?

An amendment of the law to add the offense of facilitating illegal work to the grounds for disqualification for licenses and approvals in other industries has not been decided (as of October 9, 2026). The government's materials are at the stage of "considering how it should be" (在り方を検討する).

The laws regulating individual industries that would be covered, the period of disqualification, whether a fine would be included, and the timing are not written in any of the materials (as of October 9, 2026).

What has been decided to change on April 1, 2027 with regard to the offense of facilitating illegal work is the raising of the penalties. For companies that are unsure about how to check the status of residence and the duties of the foreign nationals they employ, we will go over the situation together with you in our consultation on work visas.

Source: Immigration Services Agency of Japan, "On the "Zero Illegal Residents Plan: Package for Strong Promotion"" (in Japanese; the Package itself and its explanation); Ministry of Justice, "Second Basic Plan for Immigration and Residency Management" (in Japanese)

Frequently Asked Questions

If an international student's part-time work exceeds 28 hours a week, will the shop also be punished?

The shop may be subject to the offense of facilitating illegal work. Working beyond the permitted number of hours falls under the third case of illegal work indicated by the ISA.

The 28 hours per week is the total that includes the hours at other part-time jobs. When hiring, check with the person whether they have other places of employment and how many hours they work there.

For foreign nationals accepted as dispatched workers, is the client involved?

Under the wording of the provision, the client (the company receiving the dispatched worker) may also be covered. This is because Article 73-2, paragraph 1, item 1 of the Immigration Act covers not "a person who has employed" but "a person who has had a foreign national engage in illegal work in relation to their business activities" (事業活動に関し、外国人に不法就労活動をさせた者). At the client as well, check that the duties you assign stay within the scope of the status of residence.

Are the same checks and notification necessary when hiring a special permanent resident?

Neither the Notification of the Employment Status of Foreign Nationals nor the check for that notification is necessary. Special permanent residents have no restriction on their activities in Japan and are treated as outside the scope of the notification system. Special permanent residents are issued a special permanent resident certificate (特別永住者証明書), not a residence card.

Summary

The offense of facilitating illegal work is a provision that punishes a person who has had a foreign national engage in illegal work, or who has arranged it. Even where the person did not know, the person is not exempt from punishment if there is negligence, such as not having checked the residence card. On April 1, 2027, the penalties will be raised to imprisonment for not more than five years / a fine of not more than 5 million yen.

For worker dispatching, employment placement, Specified Skilled Worker and Technical Intern Training, even a fine is a ground for disqualification for five years. An amendment of the law to extend this to other industries has not been decided (as of October 9, 2026).

As a first step, you can feel more at ease if you make a list and check the "Restriction on Employment" field (就労制限の有無) and the date of expiration of the period of stay on the residence cards of the foreign nationals you employ, together with the content of the duties you assign to them.

References

• Immigration Control and Refugee Recognition Act, Articles 19, 19-26, 73-2 and 76-2, and Article 24, item 3-4 (e-Gov Laws and Regulations Search, in Japanese; the penalties in Article 73-2 after the amendment are under Act No. 60 of 2024 and come into effect on April 1, 2027)
• Immigration Services Agency of Japan, "The 2024 Amendments to the Immigration Control and Refugee Recognition Act and Other Acts" (in Japanese)
• Immigration Services Agency of Japan, "Please Cooperate in the Proper Employment of Foreign Nationals" (in Japanese; leaflet distributed in the FY2026 "Month for Promoting the Proper Employment of Foreign Nationals" (適正な外国人雇用推進月間))
• Immigration Services Agency of Japan, "Promoting the Proper Employment of Foreign Nationals toward the Realization of an Orderly Society of Coexistence" (in Japanese)
• Immigration Services Agency of Japan, "Residence Card Checker App / Inquiry on Invalidated Residence Card Numbers: Support Page" (in Japanese)
• Immigration Services Agency of Japan, "Application for Issuance of a Specified Residence Card" (in Japanese)
• Immigration Services Agency of Japan, "On the "Zero Illegal Residents Plan: Package for Strong Promotion"" (in Japanese; the Package was published on May 22, 2026, and the explanation was posted on August 31, 2026)
• Ministry of Justice, "Second Basic Plan for Immigration and Residency Management" (in Japanese; July 2026)
• Ministry of Health, Labour and Welfare, "Notification of the Employment Status of Foreign Nationals" (in Japanese)
• Ministry of Health, Labour and Welfare, "Employ Foreign Nationals Properly and in Compliance with the Rules" (in Japanese)
• Labor Measures Comprehensive Promotion Act, Articles 28 and 50 (e-Gov Laws and Regulations Search, in Japanese)
• Worker Dispatching Act, Articles 6 and 14 (e-Gov Laws and Regulations Search, in Japanese)
• Employment Security Act, Articles 32, 32-9 and 33 (e-Gov Laws and Regulations Search, in Japanese)
• Ministerial Order to Provide for Criteria for the Employment Contract for Specified Skilled Workers and Support Plan for Specified Skilled Workers (i), Article 2 (e-Gov Laws and Regulations Search, in Japanese)
• Act on Proper Technical Intern Training and Protection of Technical Intern Trainees, Articles 10, 16, 26 and 37; Order for Enforcement of the same Act, Article 1 (e-Gov Laws and Regulations Search, in Japanese; from April 1, 2027, the "Act on Proper Implementation of Employment for Skill Development and Protection of Skill Development Employees")
• Construction Business Act, Article 8; Order for Enforcement of the same Act, Article 3-2 (e-Gov Laws and Regulations Search, in Japanese)