“Highly Skilled Professional” Point Calculation is Provisional

When applying for permanent residency as a “Highly Skilled Professional”, they must submit calculation results for two different points in time.

1. Submit calculation at the permanent residence application date and supporting documents
2. Submit point calculation results or point calculation result notification at the time 1 or 3 years prior

Procedures for Applying for Permanent Residency Based on Points Calculation for the period of “Engineer / Specialist in Humanities / International Services”

Since no point calculation results for the current date is issued, the applicant must submit supporting evidence for it.

This means more documents are required than for a standard permanent residence application, making the application process more difficult.

Reference: Immigration Services Agency of Japan

Translation: Tanishima Legal Corporation

https://www.moj.go.jp/isa/applications/procedures/nyuukokukanri07_00130.html

Issues Related to Permanent Residency Status and the Timing of Application　

For permanent residency, rather than documents from when the applicant was a “Highly Skilled Professional”, the tax certificate showing income during the period when they were classified as a “Highly Skilled Professional” based on point calculations during their previous stay must be submitted.

On the other hand, a “Highly Skilled Professional” who obtain permanent residency after 1 or 3 years must submit proof of their projected income for the past year at the time of application. However, this discrepancy becomes problematic.

Specifically, during the initial one-year period of residence as a “Highly Skilled Professional”, there was no requirement to submit a tax certificate. Yet, for the permanent residence application, a tax certificate must be submitted. This certificate may show income different from the annual income declared for the “Highly Skilled Professional” or permanent residence application. 

When income affects point calculation results

Difference between calendar year and upcoming year
Even if annual income doesn't count toward points in the calendar year, calculating mid-year may allow point calculation.

Example: For companies paying bonuses in March, when applying for permanent residency based on one year, the bonus may not be included in the taxable income certificate covering January to December of the previous year.

An Example where age and years of experience affect point calculation results

A 29-year-old Chinese national residing for one year under the “Engineer / Specialist in Humanities / International Services” visa scored 80 points when points were calculated retroactively based on their age of 28.

Recently, he intended to apply for permanent residence at age 30. However, at that point, they would no longer meet the 80-point requirement (as younger age grants additional points).

Subsequently, when the annual income documentation becomes available, he will be 31 years old. At that point, he is expected to reach 80 points based on either his years of experience or his annual income.

Therefore, he had no choice but to wait about one year.

In this case, the point calculation at age 30 would result in 75 points, increasing the likelihood of rejection.

Disadvantages of “Engineer / Specialist in Humanities / International Services”

If the applicant resides under “Highly Skilled Professional” category (with a calculated score of 80 points), they can use the point calculation from when they were 29 years old by applying at age 31, since they submitted the calculation results.

Conversely, if the applicant resides under “Engineer / Specialist in Humanities / International Services” category, they did not submit a point calculation one year or more prior. When applying at age 31, the applicant would be 30 years old one year prior, making the age 29 point calculation ineligible. 

Benefits of the Points Calculation Result Notification for “Highly Skilled Professional”

In the example above, if a 29-year-old obtains “Highly Skilled Professional” status, they can still use the Points Calculation Result Notification issued at that time when applying for permanent residency at age 31, as the “Highly Skilled Professional” status granted at age 29 remains valid.

To summarize this case: without a point calculation result notification for the year prior to age 30 at age 29, when applying for permanent residence at age 31, the year prior would be age 30, resulting in 75 points. This makes the permanent residence application more likely to be denied. If the score is 70 points or above, permanent residence will not be granted until three years have passed, requiring an additional two-year wait.

Why recent income and annual income appear to be different: Meaning of Calendar year

Whether you can meet the 80-point requirement determines if you receive permanent residency within one year. However, the relationship with annual income becomes complex in the aforementioned example.

You might have thought your annual income at age 29 one year prior would reach 80 points, but your birthday actually falls in April of the following year. The March bonus is not received until after turning 30. Consequently, while the income points may be deemed sufficient at age 29 during the application period (which is not a calendar year), the documentation proving the actual annual income for the “calendar year” period from January to December may appear to fall short of the required income amount. This point is covered by operational practices, and since it is not explicitly stated in the Ministry of Justice ordinance, it becomes a matter of discretion in evaluating the requirements. 

The income (actual earnings) certificate refers to the following documents:

　□ Tax certificate for the previous year

　□ Withholding tax statement for the previous year, etc.

　□ Copies of pay slips for the previous year 

Permanent residency is fundamentally based on evaluating actual achievements. For “Highly Skilled Professional” or those in “Engineer / Specialist in Humanities / International Services”, or “Designated Activities”, plans at the time of application are submitted. The problem arises when discrepancies occur between actual achievements and those plans.

Regarding bonuses, if the amount is substantial, the one-year period for evaluation may begin after receiving it, potentially occurring when the applicant is already 30 years old. In relation to the aforementioned age adjustment, the one-year period may have passed without the applicant being able to add to their annual income. This could result in the possibility of not being granted permanent residency within the one-year period, requiring careful attention. 

The point of compliance with statutory requirements

The above discussion is based on the fact that the point of compliance for “Highly Skilled Professional” Type 1 requirements is “the time of application.” Compliance with requirements such as point calculations is also deemed to be met at the time of permission.

The same applies to compliance with annual income requirements for Special Highly Skilled Personnel.

The basis for this is the following provision.

Reference: “Highly Skilled Professional” Ordinance

Translation: Tanishima Legal Corporation