Japan Highly Skilled Professional Visa: Renewal Troubles and Legal Approaches When Income Falls Below the 3 Million JPY Requirement

This article is written by a Japanese local.

While the “Highly Skilled Professional” (HSP) visa is granted to outstanding foreign talent, there is an “absolute standard” that must never be breached, even before calculating the total points. That is the wall of the “projected annual income of 3 million JPY.”

This article objectively explains the risks when your annual income falls below the standard due to performance-linked pay systems, bonus cuts, maternity/paternity leave, or shortened working hours, and outlines the defensive legal procedures to protect your legal status in Japan.

1. The Absolute Defense Line: Denial Below “3 Million JPY” Regardless of Points

[Summary] Under HSP Type 1-b (Technical/Humanities) and Type 1-c (Business Management), if your projected annual income is below 3 million JPY, your application is automatically denied, regardless of how high your academic or professional points are.

There are three categories of Highly Skilled Professionals. Among them, for “Advanced Specialized/Technical Activities (Type 1-b)” and “Advanced Business Management Activities (Type 1-c),” if your projected annual income is less than 3 million JPY, your application will be uniformly “denied”—even if you score exceptionally high in educational or professional background and exceed 70 points overall. (*Note: This minimum income cut-off does not apply to “Advanced Academic Research Activities (Type 1-a)” such as university professors and researchers.) This is a strict cut-off standard set by the Immigration Services Agency.

2. Drops in Projected Income Due to “Performance Links” or “Bonus Cuts”

[Summary] The screening criterion is the “certain future projected annual income.” If business deterioration causes your guaranteed payout to drop below 3 million JPY, visa renewal is impossible.

The standard used in the HSP screening is not the “amount on past tax withholding slips,” but the “certain projected annual income in Japan moving forward.”

If your salary structure has a low base pay but a high percentage of performance-linked incentives or bonuses, and corporate performance deterioration leads Immigration to judge that your “certain payout will fall below 3 million JPY,” renewing your visa becomes extremely difficult. Clearing this requirement demands objective and certain proof of income based on your employment contract and salary regulations.

3. How is the Income Requirement Handled During Maternity Leave, Paternity Leave, or Shortened Hours?

[Summary] Temporary unpaid periods due to maternity/paternity leave may be tolerated, but if opting for shortened hours reduces your base salary below 3 million JPY for a prolonged period, you will fail the requirement.

Changes in your life stage directly impact the annual income requirement. If you temporarily have no income (or reduced income) due to maternity or childcare leave, there is room for Immigration to evaluate you based on your pre-leave salary level or projected income upon returning to work; your visa will not be immediately revoked.

However, if you choose “shortened working hours” for childcare and your pro-rated base salary causes your projected annual income to stay below 3 million JPY for an extended period, the risk of failing the HSP requirements becomes exceedingly high.

4. “Downgrading” (Change of Status) When Falling Below the Standard

[Summary] If you fail to meet the requirement, you must promptly apply for a Change of Status to a standard work visa, which extinguishes the fast-track route to Permanent Residency.

If your income falls below 3 million JPY or your recalculated points drop below 70, you cannot continue to stay in Japan under your current status. To continue working in Japan, you must file an “Application for Change of Status of Residence” to a standard work visa (such as Engineer/Specialist in Humanities/International Services).

Executing this downgrade completely eliminates the privileges unique to the HSP visa, such as the “fast-track route to Permanent Residency” and “bringing parents.” Any life plans built toward Permanent Residency will be forced to start over from scratch.

5. Conclusion: Get an Objective Assessment of Your “Salary & Contract” Before Renewal

A drop in annual income fundamentally shakes your legal status in Japan. Rushing to gather documents right as your renewal period approaches makes it difficult to overturn the shortfall in projected income on the spot.

If there is a possibility that your annual income will drop due to poor business performance or a change in work format, you must take preventive measures in advance. Receive an objective legal check before it is too late, and execute procedures that ensure your legal safety.