Handling Job Changes During the Highly Skilled Professional Visa Application Process#

When applying for the “Highly Skilled Professional” (HSP) status of residence in Japan, applicants sometimes find themselves in a situation where they decide to change jobs or their prospective employer changes while the application is still pending examination. While standard work visas in Japan offer some flexibility regarding employers, the Highly Skilled Professional visa operates under a fundamentally different framework.

This article explains the legal implications and necessary procedures for consulting with the Immigration Services Bureau if you decide to change jobs after submitting an HSP application but before receiving permission.

The Legal Concept of “Designated Organization” in HSP Status#

To understand why a job change during the application process is critical, one must first understand the legal nature of the Highly Skilled Professional status (specifically HSP (i)(a), (b), and (c)).

Unlike standard work visas such as “Engineer/Specialist in Humanities/International Services,” which grant permission to engage in a broad category of activities regardless of the specific employer, the HSP status is strictly tied to a specific organization. This is legally referred to as the “Designation of Organization.”

When an HSP visa is granted, a “Designation Paper” is stapled into the applicant’s passport. This document explicitly states the name of the organization (company or research institution) where the applicant is permitted to work. Consequently, the legal status is valid only for work at that specific organization.

Therefore, if the employment contract with the original sponsoring organization (Company A) is terminated or cancelled during the application process, the entire legal basis for the application collapses.

Impact of Changing Jobs During the Examination Period#

If an applicant decides to move from Company A (the applicant sponsor) to Company B while the application is pending, the following issues arise regarding the immigration examination:

1. Invalidation of the Points Calculation#

The HSP status is granted based on a points calculation system. A significant portion of these points is derived from the annual salary and the specific attributes of the sponsoring organization.

• Salary Points: Points are awarded based on the projected annual salary from the sponsoring organization. If the salary at Company B differs from Company A, the total score changes.
• Organization Bonus Points: Additional points may be awarded if the employer is a Small or Medium-sized Enterprise (SME) engaging in innovation, or has certain research certifications. Moving to a different company necessitates a completely new verification of these bonus points.

2. Loss of Application Identity#

Immigration examinations are conducted based on the facts presented at the time of application. An application submitted requesting permission to “Work at Company A” cannot simply be administratively converted into permission to “Work at Company B.” The substance of the request has fundamentally changed, requiring a new examination based on the new employer’s credentials and the new contract terms.

Required Actions and Consultation Procedures#

If a job change is confirmed, or if the offer from Company A is declined, the applicant must contact the inspection division of the regional Immigration Services Bureau immediately. The standard procedure is as follows:

1. Withdrawal of the Current Application#

In principle, the applicant must formally “withdraw” the pending application sponsored by Company A. Continuing the examination is futile because the underlying employment contract no longer exists. Furthermore, if the application were accidentally approved for Company A, the applicant would legally be unable to work for Company B using that status.

2. Submission of a New Application#

A fresh application must be submitted for the employment at Company B. This involves collecting a new set of documents, including Company B’s corporate registration, financial statements, the new employment contract, and a new points calculation sheet.

3. Consultation for Concurrent Processing#

While not a guaranteed right, in practice, if the applicant visits the Immigration Bureau to consult about the situation, they may be able to submit the withdrawal of the old application and the filing of the new application simultaneously. In some cases, depending on the discretion of the examiner and the timing, the Immigration Bureau might allow the transfer of certain unchanged personal documents (such as university diplomas or marriage certificates) from the old file to the new one. However, this is an administrative courtesy, not a rule. Applicants should be prepared to submit a complete new set of documents.

The Serious Risks of Failure to Report#

Some applicants might consider the risky strategy of waiting for the visa approval for Company A and then applying for a change of employer later. This is highly dangerous and illegal for the following reasons:

1. Illegal Labor (Activities Outside the Scope of Status): If you receive a Residence Card designated for Company A but commence work at Company B, you are engaging in illegal labor from day one. The HSP status does not allow work at any company other than the one designated.
2. Revocation of Status: Applying for a visa based on an employment contract that you do not intend to fulfill constitutes submitting false information. This is grounds for the revocation of residence status and can lead to deportation or a ban on future entry into Japan.

Conclusion#

If a job change occurs while your Highly Skilled Professional application is pending, honesty and speed are paramount. You cannot simply “amend” the application to swap employers because the visa is intrinsically linked to the specific sponsoring organization and the specific points calculation derived from that contract.

The correct course of action is to consult with the Immigration Bureau immediately, withdraw the invalid application, and submit a new application for the new employer. Attempting to hide the change or delaying the report can result in severe legal consequences, including allegations of illegal work. By proactively managing the transition with the Immigration Bureau, you demonstrate integrity and ensure your residence status remains secure for your new career path in Japan.