Introduction

A Highly Skilled Professional (HSP) visa offers preferential status in Japan, but those with a criminal record face particular risks in their application. This article outlines the risks and concrete mitigation measures, based on official sources and practical expertise.

Screening Standards—“Good Conduct” Requirement

One key requirement for the HSP visa is that the applicant must be of “good conduct” as defined by law. This broadly covers not only criminal records but also tax, pension, and insurance payments, as well as driving history. Notably, anyone having received a prison sentence of one year or more, or been convicted of narcotics or stimulants offenses, is in principle subject to denial of entry (Article 5, Immigration Control and Refugee Recognition Act).

Risks When There is a Criminal Record

Those with a criminal record may apply, but screening is much stricter, and applicants should note the following:

• Concealing a criminal record is a serious violation, leading to cancellation of the visa, deportation, and potential criminal penalties (Articles 22, 24, 70 of the Act).
• Offenses involving drugs or sentences of one year or more result, in principle, in refusal of entry (except for political crimes).
• Unless sufficient time (typically 5 years for fines, 10 for imprisonment) has passed since the offense, successful application is unlikely.

Mitigation and Application Points

The following strategies can improve approval chances even with a criminal record:

• Always disclose the record truthfully; concealment invites far greater risk.
• Submit evidence of rehabilitation and a statement of remorse to demonstrate improved circumstances and social contribution.
• After the statutory period has passed (usually 5–10 years depending on the offense), applications are more likely to succeed.
• In exceptional cases, an entry ban can be waived at the discretion of the Minister of Justice, but this is rare in practice.

Case Example—Scenario

Suppose an applicant received a fine for theft five years ago but has since lived regularly and without offense. A well-documented statement of remorse can improve the likelihood of approval. However, each case varies and careful preparation is vital.

Conclusion

Criminal records increase the risks for HSP visa applicants, but candid disclosure and evidence of rehabilitation are crucial. Use official information sources and, when necessary, consult a qualified expert for proper preparation and risk reduction.