Is it all right to change jobs while my application for permanent residence from 高度専門職 is being screened?
Foreigners Employment Support Organization (FESO) ／ Published ／ Last updated
This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails.
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Answer
Changing jobs or leaving your job while your application for permanent residence is being screened may affect the screening. If you change jobs on 高度専門職1号（ロ）, an 在留資格変更許可申請 is required, and unless that is granted you cannot make the application for permanent residence at all. The safest course is to carry out your career plan after permission for permanent residence has been granted.
What is this enquiry about?
An enquiry from a holder of 高度専門職1号（ロ） about changing jobs or going independent while an application for permanent residence is being screened.
Subject: 永住者 (Permanent Resident)
Application type: ordinary permanent residence (application from 高度専門職)
Situation: Indian national, male, 35 years old. He works at an IT company in Japan and holds 高度専門職1号（ロ） (Highly Skilled Professional (i)). He has been in Japan for 3 years and has 80 points or more.
Plans: He is considering moving to another company while his application for permanent residence is being screened. He also has in mind going independent as a sole proprietor in the future.
Question: If I plan to change jobs or leave my job while my application for permanent residence is being screened, what effect does that have on the screening? Is there anything I should be particularly careful about?
How does changing jobs during screening affect the application?
The stability and continuity of your activities are checked again, and screening can take longer.
For permanent residence, weight is placed on having a stable basis of living in Japan, and on the stability of that living continuing into the future. In an application for permanent residence from 高度専門職, in addition to the points standard at the time of application, your stable activities afterwards are also assessed.
If the work and the income at your new employer differ greatly from what you presented when you applied for permanent residence, questions may be raised about stability and continuity
If your new employer falls into a company category that does not meet the requirements for the application for permanent residence (for example Category 3 or 4), screening may become stricter
You may be asked to submit information about the new company (certificate of registered matters, financial statements and so on) and your new employment contract, and screening may take longer
If the work at your new employer is within the scope of activities of your current status of residence, and your income is maintained or improves, the negative effect on screening is thought to be relatively small.
What is needed if I change jobs on 高度専門職1号（ロ）?
You need to have your activities and your expected annual income at the new employer certified, and file an 在留資格変更許可申請.
高度専門職1号 is granted in relation to the organisation you belong to, that is, your current employer. If you change jobs, you must have your new employer certify the activities you will carry out there and your expected annual income after joining, and then file an 在留資格変更許可申請 (Application for Change of Status of Residence) from 高度専門職1号（ロ） to 高度専門職1号（ロ） and obtain permission.
People on 高度専門職 apply for permanent residence using the exception to the residence requirement of, as a rule, 10 years. Under this exception, if your points are 80 points or more, at least 1 year of continuous residence in Japan is needed, and if your points are 70 points or more, at least 3 years. As your points are 80 points or more, the period of residence you need is at least 1 year. So unless this 在留資格変更許可申請 is granted, you cannot make the application for permanent residence at all.
Once your new job is decided and you actually start work, you have a duty to submit the 所属機関に関する届出 (Notification of the Accepting Organization) to the 地方出入国在留管理局 (Regional Immigration Services Bureau) within 14 days. This is a procedure that must always be carried out when you change jobs, whatever your status of residence.
What if I leave my job and become a sole proprietor?
A change of status of residence becomes necessary, and screening for permanent residence becomes more complex.
If you work as a sole proprietor, there are cases in which you cannot carry out that activity on your current 「高度専門職1号（ロ）」. As a rule, a change to 「経営・管理」 (Business Manager) or 「高度専門職1号（ハ）」 is needed.
For 「経営・管理」, the feasibility and stability of your business plan are screened strictly. The very fact that your status of residence changes while your application for permanent residence is being screened makes the screening more complex and may make it take longer, so it is not something we recommend
For a sole proprietor, it can be harder to prove that income is stable than it is for a company employee. Your business plan, your bank balance, your tax payment situation and so on are looked at more strictly
If you are thinking about going independent, it is important to work out a concrete business plan before you apply for permanent residence, and to check that you can fully meet the requirements of the status of residence you will hold after going independent.
What should I be especially careful about while the application is being screened?
3 things: keeping your points, continuing your highly skilled activities, and being thorough with the duty to notify.
Keeping the points you had when you applied In an application for permanent residence you prove your points as a 高度専門職, and whether those points are maintained until permission is granted is checked. If your income falls sharply because of a job change, or your work falls outside the scope of 高度専門職, your points may drop and this may affect permission for permanent residence.
Continuity of your activities as a highly skilled foreign professional You are expected to continue carrying out highly skilled activities that contribute to Japanese society after you apply as well. You need to explain clearly that changing jobs or going independent does not damage that continuity.
Being thorough with the duty to notify Where there is a change relating to your status of residence — changing jobs, leaving a job, starting to work as a sole proprietor and so on — you are required to notify it promptly. If you fail to do so, it not only has a bad effect on your application for permanent residence, but may also make you subject to penalties.
What way of proceeding is safe?
Staying in your current job until permission for permanent residence is granted is the lowest-risk choice.
Continue your activities at your current company until permission for permanent residence is granted This is the option with the lowest risk. If you consider changing jobs or going independent after permission has been granted, you can go through the procedures without worrying about the effect on screening. Note that on 高度専門職2号 (Highly Skilled Professional (ii)) you do not need the kind of 在留資格変更許可申請 required on 1号（ロ） when you change jobs, so moving to 2号 and then applying for permanent residence is also a practical and efficient way to plan an application.
Complete the job change before you apply for permanent residence If you apply after having the new company certify the activities you will carry out and your expected annual income after joining, you can already show stability at your new workplace as of the time of application. If a change of status of residence is needed for the job change, that must be done first.
If you are going independent, change your status of residence first and build a track record This is the way of changing to 「高度専門職1号（ハ）」 and applying for permanent residence after building a track record as a sole proprietor. You will need documents proving the contents and the reality of your contracts with the companies you work for under outsourcing agreements, so it is an option that takes time and effort.
Frequently Asked Questions
If I change jobs while my application for permanent residence is being screened, do I need to notify it?
Yes. Once you actually start work at your new employer, you have a duty to submit the 所属機関に関する届出 (Notification of the Accepting Organization) to the 地方出入国在留管理局 within 14 days. Whatever your status of residence, this is a procedure that is always carried out when you change jobs.
If I change jobs on 高度専門職1号（ロ）, is an 在留資格変更許可申請 needed?
Yes. 高度専門職1号 is granted in relation to the organisation you belong to, so you need to have the activities and the expected annual income at your new employer certified, then file an 在留資格変更許可申請 and obtain permission.
On 高度専門職2号 as well, is an 在留資格変更許可申請 needed each time I change jobs?
No. With 2号, a change of status of residence does not become necessary because of the organisation you belong to, so even if you change jobs the kind of 在留資格変更許可申請 required on 1号（ロ） is not needed.
If I go independent as a sole proprietor, which status of residence do I need?
As a rule, a change to 「経営・管理」 or 「高度専門職1号（ハ）」 is needed. For 「経営・管理」, the feasibility and stability of your business plan are screened strictly.
This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.
