Status of Domestic Workers for Highly-Skilled Professionals After Obtaining Permanent Residence in Japan#

The “Highly-Skilled Professional” (HSP) visa status is designed to attract talented foreign professionals who are expected to contribute to Japan’s economic growth. This system offers several preferential treatments, such as allowing a spouse to work full-time or permitting parents to accompany the HSP. One of these benefits is the ability to sponsor a foreign domestic worker. However, a critical question arises when an HSP establishes a stable life in Japan and obtains Permanent Resident status: what happens to the visa of their domestic worker? This article provides an objective explanation based on Japan’s immigration regulations.

Overview of the System for Sponsoring a Domestic Worker as an HSP#

First, let’s review the underlying system. Foreign nationals holding the HSP status are permitted to bring a foreign domestic worker to Japan, provided they meet certain criteria. The domestic worker is granted a “Designated Activities” (特定活動) visa for this purpose.

The main requirements for utilizing this system are as follows:

1. Employer’s (HSP’s) Annual Income: The employer’s annual income from their activities as an HSP must be at least 10 million JPY.

2. Conditions for the Domestic Worker:

   • Entry with Employer Type: The domestic worker must have been employed by the HSP for at least one year prior to their entry into Japan and will continue to be employed by them.
   • Household Circumstances Type: This applies if the HSP’s household has a child under the age of 13, or if the spouse is unable to perform daily housework due to illness or other reasons.

3. Other Requirements:

   • The domestic worker must be at least 18 years old.
   • They must be paid a monthly salary of at least 200,000 JPY.
   • A formal employment contract stipulating these conditions must be concluded between the employer and the domestic worker.

The crucial point here is that this system is a preferential treatment contingent upon the employer holding the “Highly-Skilled Professional” visa status. The domestic worker’s “Designated Activities” visa is directly linked to the legal status of their employer as an HSP.

The Impact on a Domestic Worker’s Visa When an HSP Becomes a Permanent Resident#

Now, we address the main topic: the impact when an HSP becomes a Permanent Resident.

The direct conclusion is that, in principle, once the employer’s status of residence changes to “Permanent Resident,” the domestic worker will no longer be able to renew their “Designated Activities” visa under the same scheme.

The reason is, as mentioned, that the permission to sponsor a domestic worker is a benefit tied exclusively to the “Highly-Skilled Professional” status. When the employer becomes a Permanent Resident, the legal basis of their residency changes. Under Japan’s current Immigration Control and Refugee Recognition Act, the “Permanent Resident” status itself does not include a special provision for sponsoring a foreign domestic worker in the same way the HSP status does.

Therefore, the moment the employer obtains permanent residency, the foundational condition for the domestic worker’s visa is nullified. When the time comes for the domestic worker to apply for an extension of their period of stay, the application is almost certain to be denied.

Possible Actions and Important Considerations#

What options are available if an employer who becomes a Permanent Resident wishes to continue employing their domestic worker?

Unfortunately, under the current system, there is no direct alternative for a Permanent Resident employer to continue employing the same individual as a “domestic worker” under the “Designated Activities” visa.

Theoretically, if the domestic worker personally meets the qualifications for another type of work visa—such as “Engineer/Specialist in Humanities/International Services”—based on their own academic and professional background, they could apply for a change of status. However, the duties of a domestic worker do not typically align with the specialized activities envisioned for these professional visa categories. As a result, it is realistically very difficult to obtain a different work visa while continuing to perform domestic duties.

For this reason, HSPs considering applying for permanent residency must be fully aware of the following points:

• Obtaining permanent residency will likely mean that the currently employed domestic worker will not be able to remain in Japan after their current period of stay expires.
• It is essential to plan in advance for the domestic worker’s departure and to make new arrangements for household management after obtaining permanent residency.

While acquiring permanent residency is a significant step toward a more stable life in Japan, it is vital to understand that this change also means that certain preferential treatments will no longer apply.

Conclusion#

When a foreign national with “Highly-Skilled Professional” status obtains permanent residency in Japan, the preferential treatment of sponsoring a domestic worker, which was tied to their HSP status, is lost. Consequently, the domestic worker will, in principle, be unable to renew their visa, making it difficult to continue their stay in Japan. Applying for permanent residency is a major decision that affects not only your own status but also the status of accompanying family members and domestic workers. When considering this step, it is imperative to carefully plan for the future with a full understanding of these implications.