Abolition of the Old “Highly Skilled Professional (Designated Activities)” Category – No Impact on Current HSP Status Holders

The Ministry of Justice is currently conducting a public comment procedure on a draft notification to abolish the old framework that defined activities for “highly skilled foreign professionals” under the Designated Activities category (“告示案”, i.e. the draft notification for abolition).

This draft simply abolishes the notifications and guidelines that used to define “Highly Skilled Professionals” as a type of Designated Activities. The current immigration framework based on the residence statuses “Highly Skilled Professional (i) (a/b/c)” and “Highly Skilled Professional (ii)” remains in place and will continue unchanged. Therefore, there is effectively no impact on current HSP status holders.

What Exactly Is Being Abolished?

According to the summary of the draft, the following two notifications, both introduced in 2012 to promote the acceptance of highly skilled foreign professionals, are to be abolished:

1. Notification No. 126 of 2012 – which defined activities for “highly skilled foreign professionals” under Item (5) of the Appended Table I of the Immigration Control and Refugee Recognition Act (as a type of Designated Activities); and
2. Notification No. 127 of 2012 – which provided guidelines on the handling of residence procedures for those who had been granted Designated Activities as “highly skilled foreign professionals”.

These notifications did NOT create the current “Highly Skilled Professional (HSP)” statuses themselves. Rather, they defined an older scheme where Highly Skilled Professionals were treated as a subtype of “Designated Activities”.

Today, “Highly Skilled Professionals” Means Holders of HSP Status

In today’s framework, the term “Highly Skilled Professional” usually refers to foreign nationals holding the residence status “Highly Skilled Professional (i)(a/b/c)” or “Highly Skilled Professional (ii)”. This is a points-based system designed for foreign workers with advanced academic background, professional experience, and high income levels.

After the 2014 amendment to the Immigration Control Act, the residence statuses “Highly Skilled Professional (i)(a/b/c)” and “Highly Skilled Professional (ii)” were newly created. Since then, those who wish to engage in activities as “Highly Skilled Professionals” are expected to obtain one of these two HSP statuses, instead of being classified under Designated Activities.

Historical Role of “Highly Skilled Professional – Designated Activities”

Before the introduction of the HSP (i) and (ii) statuses in 2015, Japan used the “Designated Activities” category to accommodate highly skilled foreigners whose activities did not fit neatly into the existing work-related statuses. Our office has been handling many such “Highly Skilled Professional – Designated Activities” cases since that earlier phase of the system.

“Designated Activities” is essentially an “other” category: when a foreign national’s activities do not fall under any of the ordinary residence statuses, the Minister of Justice can specifically designate the permitted activities on a case-by-case basis. This means Designated Activities has been used not only for early “Highly Skilled Professionals”, but also for a wide variety of other cases (e.g. working holidays, certain internships, temporary stay during refugee application procedures, etc.).

Why Abolish These Notifications Now?

According to the official summary, a considerable period has passed since the creation of HSP (i)/(ii), and there are no longer any foreign nationals who still hold the old “Highly Skilled Professional – Designated Activities” status. In other words, the old scheme has become an empty shell, and the government is now cleaning up the legal framework by abolishing the no-longer-used notifications and guidelines.

Expected Timeline for Promulgation and Enforcement

As indicated in the summary of the draft:

• Promulgation (expected): Around January 2026
• Enforcement: On the date of promulgation

At this stage, the government is still in the public comment phase, and the notification will only take legal effect after formal promulgation.

Practical Impact on Current HSP Status Holders

Almost all of our clients categorized as “Highly Skilled Professionals” already hold “Highly Skilled Professional (i)(a/b/c)” or “Highly Skilled Professional (ii)” status. Therefore, we expect virtually no practical impact from the abolition of the old Designated Activities–based scheme.

For those who are considering applying for an HSP visa in the future, the application route remains the same: via the points-based system for “Highly Skilled Professional (i)/(ii)”. There is no indication that the basic procedures for HSP will change due to this abolition.

Conclusion – A Clean-Up of Obsolete Rules, with a Note of Caution

This draft can be understood as a clean-up of obsolete legal provisions relating to an old version of the Highly Skilled Professional scheme, which is no longer used in practice. While we do not anticipate any real-world impact, you may wish to double-check your situation if, for example:

• You are not sure whether your status is “Designated Activities” or “Highly Skilled Professional”; or
• You previously stayed in Japan many years ago under the old “Highly Skilled Professional – Designated Activities” framework.

In such cases, we recommend reviewing your residence card, Certificate of Eligibility, or past approval notices, and consulting a qualified immigration specialist if necessary.

免責事項 / Disclaimer

This article is based on the draft notification and official summary released by the Ministry of Justice and is intended for general informational purposes only. It does not constitute legal advice for any specific case. For the latest and most accurate information, please refer to the official notifications, laws, and guidance issued by the relevant authorities.

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