RetireJapan

This is my first post on this very useful forum I found about two years ago but up to now, used as a guest/“lurker” only.

We are an international (Non-Japanese) couple, my husband is a US citizen, working on one of the military bases in Japan as a civilian (locally hired,) and slowly nearing retiring age. His visa type is SOFA (status of forces agreement) and tied to his work; once he retires he has 60 (or 90?) days to switch to another visa. He could apply for a spouse visa hopefully, as I have PR status - but not for PR, as with retirement that door closes. Unfortunately he can also not apply for PR while he still works on base, that is their rule.

What will happen if he survives me? Could he get a dependent visa through our adult child (PR) that is regularly employed in Japan?

We are just about to research this topic more in depths, but for starters would be grateful for any insight or recommendations. Maybe someone out here was in a similar situation, (although that is perhaps not very likely).

Thank you.

I've never heard of a SOFA status - at least it's not defined in Japanese law (https://www.japaneselawtranslation.go.j ... 3624#je_s1). My guess is it comes under Designated Activities?

As you said Spouse of PR might be the best choice if possible. Dependent looks like it's restricted to spouse or child. Long Term Resident (定住者) could be another option - it's similar to PR but with a renewal period - granted to people considering special circumstances.

Isodora wrote: ↑Fri Apr 15, 2022 6:51 am he can also not apply for PR while he still works on base, that is their rule.

That's weird. He can apply for PR if he's lived here for 10 years on the same landing permission (or 1 year as a spouse of a PR holder, if you've been married for 3+ years), but demonstrating the contribution to Japan might be tricky if the entire time has been working for the US government (or maybe working for a military ally counts as a contribution?)

Edit: Looking at the PR application via spousal route, it looks like you don't need to demonstrate a contribution to Japan. https://www.isa.go.jp/en/applications/p ... jyu01.html. It also doesn't say he has to be employed, as long as he has a supporter who is.

adamu wrote: ↑Fri Apr 15, 2022 7:37 am I've never heard of a SOFA status - at least it's not defined in Japanese law (https://www.japaneselawtranslation.go.j ... 3624#je_s1). My guess is it comes under Designated Activities?

SOFA status is not a visa or residence type in Japan and would not fall under the law that you cited. It is a special status accorded to US military personnel stationed on US bases in Japan and also the "civilian component" which covers non-military civilians working on a US base in Japan. Individuals with SOFA status are exempt from Japanese passport and visa requirements. In fact, they can enter Japan without a passport as long as they carry a valid US military ID and are not subject to Japanese entry requirements, COVID tests, or quarantine rules. They are even exempt from Japan's ridiculous Pharmaceutical Affairs law and can enter the country with legally prescribed US medications that are illegal in Japan and which would land any other foreigner or Japanese citizen in jail. So it's a very powerful status to have as it supersedes Japanese law.

However, it also comes with some disadvantages. The most obvious being that your time in Japan is not recognized toward PR and once your SOFA status expires you have 60 days to apply for some type of regular visa/residency status or else leave Japan. Another disadvantage of SOFA status is that you cannot work side jobs off base since you don't have a valid work visa and without a Zairyu card you are basically unable to sign up for any banking or financial accounts in Japan.

Isodora wrote: ↑Fri Apr 15, 2022 6:51 am We are an international (Non-Japanese) couple, my husband is a US citizen, working on one of the military bases in Japan as a civilian (locally hired,) and slowly nearing retiring age. His visa type is SOFA (status of forces agreement) and tied to his work; once he retires he has 60 (or 90?) days to switch to another visa. He could apply for a spouse visa hopefully, as I have PR status - but not for PR, as with retirement that door closes. Unfortunately he can also not apply for PR while he still works on base, that is their rule.

What will happen if he survives me? Could he get a dependent visa through our adult child (PR) that is regularly employed in Japan?

He has 60 days to apply for a Japanese visa/status of residency. Probably the easiest option would be for you to sponsor him for a spouse/dependent visa of a Japanese citizen or permanent resident. He could then apply for PR after one year of residence in Japan as long as you've been married for at least three years. If he survives you then he'll need to apply for a work visa or student visa to stay in Japan. If he qualifies for the highly skilled professional visa and has enough points then he could apply for PR a year after receiving his highly skilled visa.

My understanding is that he could not apply for a dependent visa through your adult child since those are only granted to parents with a minor child in Japan that is financially dependent on the parent. It doesn't work for a retiree who is dependent on his adult child. That's my very limited understanding of this issue based on my experience with Americans who have been through similar situations. Ideally, you should seek advice from an immigration lawyer. They are very helpful and not too expensive.

Teflon wrote: ↑Fri Apr 15, 2022 12:06 pm

adamu wrote: ↑Fri Apr 15, 2022 7:37 am I've never heard of a SOFA status - at least it's not defined in Japanese law (https://www.japaneselawtranslation.go.j ... 3624#je_s1). My guess is it comes under Designated Activities?

SOFA status is not a visa or residence type in Japan and would not fall under the law that you cited.

Fascinating, thanks. So the question is what regulation does it fall under? But I won't derail the thread, one for a rainy day...

Teflon wrote: ↑Fri Apr 15, 2022 12:06 pm Probably the easiest option would be for you to sponsor him for a spouse/dependent visa of a Japanese citizen or permanent resident. He could then apply for PR after one year of residence in Japan as long as you've been married for at least three years.

+1, specifically spouse of permanent resident.

adamu wrote: ↑Fri Apr 15, 2022 12:12 pm Fascinating, thanks. So the question is what regulation does it fall under? But I won't derail the thread, one for a rainy day...

That's a very good question and my understanding is that it falls under the Status of Forces Agreement which is based on a treaty between Japan and the United States called: TREATY OF MUTUAL COOPERATION AND SECURITY BETWEEN JAPAN AND THE UNITED STATES OF AMERICA.

Since SOFA supersedes immigration law, we can re-frame the question in a way that is more intuitive to people not familiar with SOFA. The question asked by the OP is equivalent to asking: My husband has never lived in Japan and is currently here on a "tourist visa" (not actually a visa but a visa waiver stamp good for 90 days). As a foreign resident of Japan with PR, what are my options for sponsoring him for a spouse visa before the 90 days expire? What other visa options are available?

I believe that question is essentially equivalent and perhaps more relatable.

adamu wrote: ↑Fri Apr 15, 2022 12:12 pm So the question is what regulation does it fall under? But I won't derail the thread, one for a rainy day...

Well, it has been a little rainy recently, so...

To add to Teflon's excellent information, treaties, once in effect, become a part of international law and are themselves legally binding agreements. Signing alone may be enough to conclude a treaty, but a ratification process may also exist. The treaty may also contain provisions for further agreements, which may or may not have to undergo separate ratification but which, once ratified, are also legally binding. Domestic laws may then need to be enacted or adjusted to implement the provisions of the treaty. Treaties, in other words, don't fall under regulations; regulations fall under treaties. Legal-minded types probably have a field day studying all the ramifications.

SOFA is an acronym for "Status of Forces Agreement," and the one pertaining to Japan is an agreement under Article VI of the U.S.-Japan Security Treaty the complete mouth-filling title of which is "Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America, Regarding Facilities and Areas and the Status of United States Armed Forces in Japan." The English online version of the agreement is here (Teflon's link is for the Security Treaty proper):
https://www.mofa.go.jp/region/n-america ... ref/2.html

A bilingual PDF version is here:
https://www.mofa.go.jp/mofaj/area/usa/s ... lltext.pdf

Although only military ID and travel orders are technically necessary for entrance and departure under SOFA, a passport is indispensable for initiating Japanese visa procedures, and I would imagine that OP's spouse already has a passport even though he has not yet officially "landed." The base legal officer should be able to provide more help (free, no?).

Very sorry for my late response and thanks a lot to Adamu, teflon and ClearasMud, I am quite impressed by the professional level of your replies. What a great forum indeed! The rephrasing of my question by adamu is also helpful and makes sense, I never looked at it that way. We will be using it when explaining the situation to an Immigration lawyer. The problem will be to find one that is familiar with SOFA....

There is also the legal adviser on base, but he is in charge for the Milithary personnel and my husband will check if he can even use his service.

I think you just need to go to Immigration, and get the forms to apply for a Spouse Visa.
Complete the paperwork and other requirements, and get ready to submit the paperwork when your spouse finishes his tour of duty.
You can probably submit the paperwork in the 3-month period before the end of his orders.
Have him enter Japan on a Tourist Visa (maybe you can just convert at Immigration or take a short trip to Korea or Taiwan and back), and submit the paperwork.
When the paperwork is submitted, it should all be fine. They will stamp his Passport as 'VIsa Application Pending'.
It used to be that to change Visa Status you would have go to an embassy outside Japan, so many people would take the short trip to Korea and get the Visa paperwork, but now you can do that conversion in country at Immigration.

Anecdote: I heard a story of someone who was so used to traveling on orders, when he and his buddies decided to take a weekend trip to Thailand, he forgot his passport. He was able to get out and back in to Japan, but spent the weekend in a Thailand Detention Center while his buddies were out on the town ;-(