Hello, I am Tsuji, an administrative scrivener specializing in immigration services in Takadanobaba, Shinjuku.
Today, I would like to talk about points of caution in Highly Skilled Professionals(HSP), especially in No. 2(HSP2), which one is changing to invite in one's parent to Japan.

It is what I can call a blind spot that even the experts missed.

0, prerequisites

The world is full of information about differences between "Permanent Resident" and HSP2, and the advantages of each.
Basically, the discourse is that since both are "no fixed period of stay" and there is no limit to the length of stay, both can be called substantial permanent residents.

However, there is a big mistake in thinking that the two are substantially the same, and there is a huge pitfall.

In particular, when a person chooses to take the HSP2 option, it will almost always be a case for inviting a parent to take care for a small child.
And there are some things to keep in mind related to this child.

The premise we are considering here is a case where a former permanent resident wants to become (or return to) HSP2 (or No. 1) because he/she is about to have a child.

At this time, in order to become a HSP2, it is necessary to have been a HSP1 for at least three years.
(Incidentally, this pitfalls will be the same for HSP1.)

I assume a case where, after having done 3 years as a HSP1, he/she once spents time as a permanent resident, but then found out that his wife or she is pregnant and wants to change to a HSP2 because he/she wants to invite his/her parent for your child.

1, The child of a permanent resident is a permanent resident by birth, then the child of a HSP2...

A child born to a permanent resident can stay in Japan as a permanent resident from birth, called acquired permanent residence, if he/she applies for permanent residence within 30 days.
There is a lot of information out there about this as well, but the most important thing is to submit the application to the immigration office within 30 days from the birth, because it is OK even without a passport.

Now, then, what will be the status of residence for a child born from a HSP2 ?
Can the child become a permanent resident as well, since he/she can essentially live permanently without a set expiration date?

The answer is NO.

Since the HSP2 is only a work-related status, the child will only receive the status of "Dependent".

Oh, my GOD !!

The premise was that this person was a former permanent resident.

If a child is born while he/she was a permanent resident, the child is a permanent resident, but if he/she becomes a HSP2, the child can only be a "Dependent".

This can be a frightening difference.

In other words, a permanent resident and a HSP2 are not the same at all.

What is even more frightening happens to their spouses.

The spouse of a permanent resident can stay in Japan with the status of "Spouse etc. of Permanent Resident.

If the permanent resident status is changed to "HSP2", the spouse is no longer the spouse of the permanent resident.
Therefore, this spouse has no choice but to become a "Dependent".

If the former spouse of the permanent resident was working, it would be very difficult.
If the job still falls under the category of "Engineer/Humanities/International Services" etc, the status can be changed to "Specially Designated Activities" even without a college degree.

However, if it was an actual work place (regular part-time job), then it would be a Dependent, and the hours worked would be limited to 28 hours per week, which is the scope of the Comprehensive Permit to Engage in Activity other than that permitted under the Status of Residence.
If the job does not require a time card, you can work only if the job falls under the status of residence listed in the attached table, in which case you must obtain an Individual Permit to Engage in Activity other than that Permitted under the Status of Residence.

As soon as the permanent resident spouse becomes a HSP2, the spouse's work are restricted.

Let's look at a scary thought experiment.

Suppose, for example, that the first child was born, in case "permanent resident" - "spouse of a permanent resident, etc.".
At this time, the first child becomes a permanent resident by acquisition of permanent residence.

Then, let's say that the Permanent Resident becomes a HSP2 because he/she wants to bring his/her parent to Japan to take care of the first child.

In other words, the couple becomes "HSP2" - "Dependent".
And the parent is a "Specially Designated Activities".

What happens if a second child is born before the first child turns 7 years old?

At this time, the second child is not the child of a permanent resident and is only a Dependent.

The first child was a permanent resident, but the second child just brought a parent over and is now a Dependent!

Oh, what a surprise!

2, What is the exact process to go through in this case?

Now, in the above case, what would be the correct process?
The point here is not the permanent residence(HSP2) one but the spouse.

Generally, the spouse of a permanent resident can become a permanent resident after three years of healthy marriage.
Therefore, after three years of marriage, the spouse of a permanent resident should immediately apply for permanent residence.

If the spouse becomes a permanent resident, the case we have been considering cannot happen.

In other words, a child born from a "permanent resident"-"permanent resident" is a permanent resident by acquisition permanent residence.
Even if the one of them becomes a HSP2 in order to invite his/her parent to Japan, there is no need to change the status if the spouse is a Permanent Resident.
Of course, this is because the permanent resident remains a permanent resident.
Therefore, even if you have a second child, the child is born from "HSP2" - "Permanent Resident", so the child will become a Permanent Resident by Acquisition Permanent Residence.

In other words, the above-mentioned pitfall is a problem that occurs only when the spouse of a permanent resident with the status of residence "Spouse etc of Permanent Resident" does not become a permanent resident.

3, Happy family planning should really be planned!

Planning when to get married and when to have children is generally referred to as family planning, in the case of foreign nationals, careful planning should be done.

If one is now a permanent resident but could become a HSP, one should be especially careful if one plans to bring one's parent in to take care of a child.

The child should then be born while he/she is still a permanent resident and his/her spouse's status should first be changed to permanent resident.

If his/her spouse is not in a position to apply for permanent resident status, i.e., it has not been three years since the marriage, they should either give up on inviting his/her parent or give up on the child becoming a permanent resident from birth.

The child born from "HSP2" - "Dependent" is a "Dependent" and this child can only apply for a permanent resident, after this child turns 7 years old or older and can no longer invite his/her grandparent, at the same time when he/she applies for permanent residence from HSP2 and reverts back to permanent resident status.

It would be an ultra-rare case, but suppose by any chance that six years after the first child, a second child is born, and then another six years after that, a third child is born, although it would be possible to invite the parent throughout that time.
By the time the third child turns 7, the first child will already be over 19 years old, and it will generally be his/her responsibility to apply for permanent residence by his/herself.

There is a lot of expert information about Permanent Resident and HSP2, which explains that if you want to invite your parent, you should change your status to HSP2, but you should realize that there is a big pitfall in this.
(No, I wasn't aware of this either, and I apologize for that...)

If you wanted to invite your parent, and you wanted to become a HSP2 (the same for the HSP1), you had to make sure that your spouse became a permanent resident before you could do so.

I hope that the information will be spread so that there will not be a sad event that a child who could have been a permanent resident at birth but was not, due to this pitfall, a permanent resident when he/she was originally born.