The “Highly Skilled Professional” (HSP) visa is granted to outstanding foreign talent. However, before even looking at the total points, there is an “absolute standard” that must never be breached: the barrier of an “expected annual income of 3 million yen.”
This article objectively explains the risks when your annual income falls below this standard due to a performance-based salary system, bonus cuts, maternity/childcare leave, or reduced working hours, as well as the defense strategies to protect your legal status in Japan.
1. The Absolute Defense Line of “3 Million Yen”: Denial Regardless of Points
There are three categories of HSP visas. For “Advanced Specialized/Technical Activities (Type 1-b)” and “Advanced Business Management Activities (Type 1-c),” if your expected annual income is less than 3 million yen, your application will be uniformly “denied,” no matter how many high points you earn from your academic or professional background to exceed the 70-point threshold. (*This income cutoff standard does not apply to “Advanced Academic Research Activities (Type 1-a),” such as university professors and researchers). This is a strict cutoff criterion set by the Immigration Bureau.
2. Drop in Expected Income Due to “Performance-Based Pay” or “Bonus Cuts”
The standard used in the HSP screening is not the “amount on past withholding tax certificates (Gensen Choshu Hyo),” but rather the “certain expected annual income in Japan moving forward.”
If your salary structure has a low base pay and a high proportion of performance-based incentives or bonuses, and it is determined that your guaranteed payout will fall below 3 million yen due to the company’s poor performance, renewing your visa becomes extremely difficult. Objective proof based on your employment contract and salary regulations is required.
3. How is the Income Requirement Handled During Maternity/Childcare Leave or Reduced Hours?
Changes in your life stage also directly affect the income requirement. If you temporarily have no income (or reduced income) due to maternity or childcare leave, there is room for the screening to be based on your salary level before the leave or your expected annual income after returning to work; your visa will not be immediately revoked.
However, if you choose “reduced working hours” for childcare or other reasons, causing your prorated base salary and expected annual income to remain below 3 million yen for a long period, the danger of no longer meeting the HSP requirements increases.
4. “Downgrading” (Change of Status) When Falling Below the Standard
If your annual income falls below 3 million yen, or if your recalculated points drop below 70, you cannot stay in Japan under your current status. To continue working in Japan, you must apply for a “Change of Status of Residence” to downgrade to a standard work visa (such as Engineer/Specialist in Humanities/International Services).
If you perform this downgrade, all preferential treatments unique to the HSP visa, such as the “shortest route to permanent residency” and “bringing parents,” will be completely lost. You will be forced to rebuild your strategic timeline for permanent residency from the ground up.
5. [Conclusion] Get an Objective Assessment of Your “Salary & Contract” Before Renewal Time
A drop in annual income fundamentally shakes your legal status in Japan. Rushing to gather documents right before your renewal period approaches makes it difficult to overturn the shortfall in your expected income.
If there is a possibility that your annual income will drop due to poor company performance or changes in your working arrangements, you must take countermeasures in advance. Before it is too late, consult immediately with a consultant who handles advanced logical structuring or a professional application proxy, and execute a strategy that ensures your legal safety.