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Can I change to 在留資格「高度専門職」 if my pension and insurance are unpaid?

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

Paying the whole of the unpaid amount and submitting a detailed 理由書 (written explanation) are both essential. But you must be prepared for strict screening, in which those steps alone do not guarantee that permission will be given. For 「高度専門職」, the fulfilment of public obligations is checked more strictly than for other statuses of residence, and applying while amounts are still unpaid carries, as a rule, a very high risk of denial.

What is this enquiry about?

A friend living in Japan on 在留資格「高度専門職1号」 (Highly Skilled Professional (i)) turns out to have paid none of his pension or health insurance, and a change of status application is coming up because he is moving to a new employer.

How much weight is given to pension and insurance for 高度専門職?

It is a status that gives preferential treatment to people said to serve the interests of Japan, so it is looked at more strictly than an ordinary work visa.

高度専門職 is a status of residence that gives preferential treatment to people who are said to serve the interests of Japan. For that reason, unpaid tax, pension and insurance, which are duties of every resident, are looked at more strictly than under an ordinary work visa.

When you apply to change status because your organisation changes, your points are calculated again and your conduct in meeting these public obligations is screened again as well. Applying while amounts are still unpaid carries, as a rule, a very high risk of denial.

What should be done right now?

Paying everything in full and explaining it is basically the only route, and the quality of that explanation matters.

  1. Pay the whole unpaid amount at once
    First, pay everything outstanding at the earliest possible date, without wasting even 1 day. Copies of the receipts are documents you must have when you apply.
  2. Write a 理由書 ("I did not know" is not enough on its own)
    "I misunderstood the system" can be part of the reason, but you may still be held at fault on the basis that "a person carrying out highly skilled activities in Japan did not check the basic rules affecting his own residence". Include these 3 points in the 理由書.
    • A clear account of the previous form of employment (sole proprietor) and of the present situation
    • A logical explanation of how the misunderstanding arose
    • Concrete steps to make sure it never happens again, such as setting up a direct debit from a bank account
  3. Move to a workplace with full social insurance
    If you will join 厚生年金 (Employees' Pension Insurance) and 健康保険 (Health Insurance) at the new employer, stress that contributions will be deducted from your salary from now on, so the risk of non-payment disappears.

What divides permission from denial in screening?

3 points: how long and how much was unpaid, whether you paid of your own accord, and how high your points are.

Do not take the optimistic view that "it will be fine as long as I pay it all". You need to see the present situation for what it is: one step away from losing your status of residence. If this change of status application is refused, recovery may in some cases require a record of proper payment measured in years. The first thing to do is to pay everything in full as soon as possible and start building that record.

Frequently Asked Questions

May I file the change of status application for 高度専門職 while my pension and insurance are still unpaid?

Applying while amounts are unpaid carries, as a rule, a very high risk of denial. Noticing the problem yourself and paying everything in full before you file the application is treated as showing at least a minimum of good faith.

Will permission be given if I pay the whole unpaid amount?

Paying in full and submitting a detailed 理由書 (written explanation) are essential, but they do not by themselves guarantee that permission will be given. The decision is an overall one, taking into account how long and how much was unpaid, whether you paid of your own accord, how high your points are, and so on.

What should I write in the 理由書?

3 points: a clear account of your previous form of employment and of your present situation, a logical explanation of how the misunderstanding arose, and concrete steps to prevent it happening again, such as setting up a direct debit from a bank account. An explanation that says only "I did not know" is not enough.

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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.