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If the 経営・管理 visa is denied, can I change to 高度専門職?

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. Read the Japanese original(日本語版を読む)

Answer

An application to change to 「高度専門職1号(ハ)」 is well worth considering as a way of recovering. The first thing to do, however, is to find out exactly why permission was denied, at the Regional Immigration Services Bureau. On that basis, if a period of stay of 31 days is granted, you can make the application for change within that period.

What is this enquiry about?

A case in which someone who started a business while studying, and whose application to change to the 経営・管理 visa is still pending, asks how to prepare in case it is denied.

Can I recover with 高度専門職1号(ハ)?

It is well worth considering, and 100 points under the points system for highly skilled professionals is a great strength.

To give the conclusion first, an application to change to 「高度専門職1号(ハ)」 is well worth considering as a way of recovering if permission is denied. The enquirer holds 100 points under the points system for highly skilled professionals, and that is a great strength.

The advantages of the 高度専門職 visa

The 高度専門職 visa is a status of residence under which points are awarded according to your education, career history, annual income, Japanese ability and so on. If you have 100 points or more, you are recognised as having very high expertise. Unlike ordinary statuses of residence, it comes with various preferential measures. The residence requirement for an application for permanent residence is shortened to as little as 1 year, and because activities of a composite nature are permitted, you can also work at a Japanese start-up while being involved in running your own company.

The route to recovery

As to what to do after a denial, the most important thing of all is to go to the Regional Immigration Services Bureau and find out exactly why permission was denied. You then have to take the best possible steps to clear that reason, and the method that deals with it most effectively is your route to recovery.

Even if the 経営・管理 visa is denied, where a period of stay of 31 days is granted you can make an application to change to 「高度専門職1号(ハ)」 within that period. In doing so, you draw on the business plan submitted with the 経営・管理 application, the certificate of investment from the overseas VC, and documents showing your education, career history and Japanese ability, and argue afresh your expertise as a highly skilled professional and the reasonableness of carrying on your business in Japan.

What is needed to avoid a denial in the first place?

The most important thing is to use the additional documents to dispel the doubts about the stability and continuity of the business, the reality of the office, and your own ability to manage.

In screening the 経営・管理 visa for a newly established company, the following points are examined strictly.

  1. The stability and continuity of the business: it is a good thing that sales are coming in, but where the outlook for future earnings is uncertain, doubts can arise about whether the business is stable and can be carried on. Investment from an overseas VC is a plus, but you need to make clear how much of that money will be used, and for what purpose.
  2. The reality of the office: the question is whether the office from which the business is to be run is a real place that matches the nature of the business.
  3. Your own ability to manage: because the business was started while you were studying, you may be judged to have no past experience of management. How you explained the combination of the activities under the 留学 visa (which are properly study) with your activities as a manager also matters.

If you are at the stage of being asked for additional documents, submitting material that dispels these doubts, such as a detailed business plan, an income and expenditure plan and contracts, in a logical and persuasive form, is the first and most important task in avoiding a denial.

What other ways of recovering are there?

The options are changing to a work visa, and applying again after clearing the reason for the denial.

Changing to a work visa

If another company in Japan offers you work that makes use of your expertise, in IT for example, there is also the route of obtaining 「技術・人文知識・国際業務」 (Engineer/Specialist in Humanities/International Services) on that basis. In that case you may have to wind up your current business.

Applying again

If the reason for the denial is clear and you judge that it can be cleared within a short time, you can also clear that reason and apply for the 経営・管理 visa again. Because permission has been denied once, however, you need to be prepared for screening to be stricter.

Whichever option you take, you should first do everything you can with the application for change that is currently pending. Now that you have been asked for additional documents, it is important to make the case for the stability and continuity of the business and for your own ability to manage, in a way that is consistent with what you have argued so far.

Frequently Asked Questions

If the 経営・管理 visa is denied, what should I do first?

The most important thing of all is to go to the Regional Immigration Services Bureau and find out exactly why permission was denied. Choosing a method that can clear that reason is your route to recovery.

What preferential measures come with 高度専門職1号(ハ)?

The residence requirement for an application for permanent residence is shortened to as little as 1 year, and activities of a composite nature are permitted. You can work at a Japanese start-up while also being involved in running your own company.

After a denial, can I apply again for the same 経営・管理 visa?

You can. If the reason for the denial is clear and you judge that it can be cleared within a short time, a fresh application is possible. Because permission has been denied once, though, you should expect screening to be stricter.

What is looked at strictly when the company is newly established?

3 points: the stability and continuity of the business, the reality of the office, and your own ability to manage. Note in particular that where the business was started while you were studying, you may be judged to have no past experience of management.

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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. Where the two differ, the Japanese version prevails.