Is it all right to change jobs while my application for permanent residence from 高度専門職 is being screened?

This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original（日本語版を読む）

Who this article is forAn 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.

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.

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.

1. 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.
2. 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.
3. 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.

1. 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.
2. 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.
3. 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

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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. Because it is a translation, the meaning may differ from the original in places. Where something affects a decision you are making, please check the Japanese version or ask us. The supervision by a 行政書士 is of the Japanese version.