Penalties for Falsifying Annual Income for Japan’s Highly Skilled Professional Points System#

Japan’s “Highly Skilled Professional” (HSP) visa is a status of residence designed to attract talented foreign professionals with specialized knowledge and skills. Eligibility for this status is determined by the “Points-Based System for Highly Skilled Foreign Professionals,” which awards points for criteria such as academic background, professional experience, and annual income. Annual income, in particular, is a critically important component in the points calculation.

However, what happens if an applicant intentionally declares a higher-than-actual expected annual income to gain an advantage in the screening process? This article provides an objective explanation of the potential penalties and disadvantages for calculating points based on a falsified annual income projection.

Direct Penalties Upon Discovery of Misrepresentation#

If a fraudulent declaration is discovered, the applicant faces extremely severe consequences as stipulated by the Immigration Control and Refugee Recognition Act (hereinafter “Immigration Control Act”).

1. Revocation of Status of Residence#

The most direct and severe penalty is the revocation of the status of residence itself. Article 22-4, Paragraph 1 of the Immigration Control Act outlines the grounds for revocation. Submitting a falsified annual income to obtain the status is highly likely to be considered as having “received… a seal of verification for landing, etc. … by deceit or other wrongful means.” Once a status of residence is revoked, the individual loses their legal basis for remaining in Japan.

2. Deportation#

Following the revocation of their status of residence, the foreign national must leave Japan. If they do not depart voluntarily, or if the case is deemed particularly malicious, they may be subject to a deportation order under Article 24 of the Immigration Control Act. A deportation order means being forcibly removed from Japan, regardless of one’s personal wishes.

3. Criminal Charges#

The act of submitting a fraudulent application is not limited to administrative sanctions; it can also lead to criminal penalties. Article 70 of the Immigration Control Act stipulates that a person who has received permission for a status of residence by submitting documents with false statements may be subject to “imprisonment with work for not more than 3 years or a fine not exceeding 3,000,000 yen, or both.” In serious cases, there is a risk of being prosecuted as a criminal offense.

Long-Term and Profound Consequences#

A single act of misrepresentation can have long-lasting effects on an individual’s future life plans.

1. Ban on Re-entry to Japan#

An individual who has been deported is, in principle, barred from re-entering Japan for five years (or ten years in some cases) under Article 5 of the Immigration Control Act. This means that even if they wish to return to Japan in the future for work or family reasons, they will be unable to do so for a significant period.

2. Devastating Impact on Permanent Residency Applications#

One of the major benefits of the HSP visa is the shortened pathway to applying for Permanent Resident status. However, if a fraudulent declaration is discovered, this preferential treatment is, of course, forfeited. Moreover, even if the individual later meets the requirements for permanent residency under a different visa status, their application is almost certain to be denied on the grounds of failing to meet the “good conduct” requirement.

3. Consequences for the Sponsoring Organization (Company)#

The risks of fraudulent declaration are not confined to the applicant alone. If the sponsoring company was aware of or complicit in the misrepresentation, it could be charged with promoting illegal work (Article 73-2 of the Immigration Control Act). Even if not directly involved, the company’s compliance system may be questioned by the Immigration Services Agency, leading to disadvantages such as significantly stricter screening for future foreign employee applications.

What if the Discrepancy was Unintentional?#

Since the annual income for the HSP points system is based on an “expected” amount, it is conceivable that the actual income may fall short of the declared amount due to unforeseen circumstances, such as poor business performance. The crucial factor is whether there was “intent to deceive” at the time of application. The authorities will likely view a situation where an income projection was made in good faith based on reasonable grounds (e.g., employment contract, business plan) but was not met, differently from a situation where an unattainable figure was intentionally inflated from the outset. However, it is important to note that submitting an income projection that is objectively and significantly unreasonable increases the risk of it being deemed an intentional misrepresentation.

Conclusion#

Falsifying one’s expected annual income in the Highly Skilled Professional Points System is an extremely high-risk action. If discovered, it can lead to severe penalties such as revocation of residence status, deportation, and even criminal charges. Furthermore, it can result in long-term bans on re-entering Japan, causing irreparable damage to one’s future. It is imperative that all applications for a status of residence are made with accurate and truthful information based on facts.