I’m currently living in Japan as a SOFA dependent. I recently got a job with a Japanese company and am trying to get residency/work visa. However immigration is saying that because I’m a dependent, I can’t get residency because I have SOFA under my sponsor. It seems as though I shouldn’t be forced to have SOFA and there should be some way to decline it voluntarily. Please help
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Your base legal office may be able to help.
[deleted]
You may have to leave the country to process your visa fresh from the US.
You might want to talk to a Japanese immigration lawyer. I’m guessing that since SOFA is not a status of residence for foreigners in Japan, you will need the company to sponsor you for a work visa and since you don’t have a current status of residence you will need to apply for a “certificate of eligibility” prior to receiving a work visa.
Honestly sounds like a pain in the ass.
You need to apply for a COE as if you don’t already live in Japan. In immigration’s eyes, you don’t have a status of residence, because they didn’t issue it.
I was in the same situation before. In order to obtain my work visa, I had to leave Japan, gave up my SOFA, applied for CoE sponsored by my hiring company, then came back with a new visa (Engineers/Humanities/Int’l…). My husband left the Navy at the same time though. So I’m not sure how not having a SOFA would affect your military benefits…
The company has to sponsor you (getting the CoE) as if you’re not in japan yet. As renouncing sofa, need an exit stamp that they give at base airport (was accidentally got that stamp that renounced sofa eventho i never took it because i have work visa)
Pretty sure you need to start from the beginning and get a CoE and then apply for a visa after that.
Don’t know the rule but some people say you have to leave the country, some people say you don’t so that part I don’t know.
I’ve done this. Basically:
1. Get a letter from your command on base saying you want to renounce it. (Unelss you quit your job on base or your spouse retires, you need this.)
2. Take said letter to immigration. Get appropriate stamp in your visa.
3. Live life 😀
I was in a similar situation. In my situation, my partner had SOFA and I was their dependent. This was a couple years ago while corona was still in full effect, so that may have affected how lenient immigration was with the “you must go back to america” rule, but I ended up not having to go back home and was able to obtain a CoE while in Japan. This is basically what I remember having to do, and tbh it will *REALLY* help if you can find an employer who will give you some personal help with this and who has experience dealing with iminkyoku.
Firstly, I found an eikaiwa job and was hired. Basically, many places (in okinawa at least) will hire SOFA people under the table for “part time” wink wink and so I was able to start working initially and was making money during the long process of getting a work visa.
Ultimately, I couldn’t renounce my own SOFA status as a dependent for some reason, if I remember correctly (I don’t know why). My partner had to quit his job and therefore we both lost SOFA. Once that happens, you basically default to a tourist visa which means you have 90 days to get your other visa mostly sorted. You will need to go to immigration and get your passport stamped (and maybe paperwork of some variety but I don’t remember).
IMPORTANT: YOU NEED TO GET A DOCUMENT STATING THAT YOU HAVE GIVEN UP SOFA STATUS BY TERMINATING EMPLOYMENT. MY PARTNER GOT THIS FROM HUMAN RESOURCES AT AAFES. IMMIGRATION WILL NOT LET YOU MOVE FORWARD WITHOUT THIS (unless you leave and come back ofc).
You will then need to fill out the application for CoE and hope it goes over well. Then if it does, go back to iminkyoku a million times and explain your situation a million times. Give them the same paperwork over and over and explain again and again that you aren’t SOFA anymore and that you have a “future” employer here until they give in or you find an employee who is in a good mood that day. It took me more than the 90 days to complete this process, but they will give you some leeway as long as you are in the process. It will REALLY help if you can speak some japanese or if your employer will go with you.
Even though I had been working at my school for about 6 months, I put the day after my prospective work visa approval date as my first day of employment. It’s kind of an open secret that SOFA people work illegally here I think, but a very bad idea to tell immigration lol.
Sorry this is super long, but that’s my experience. Hope it helps, good luck.
EDIT:
My partner just reminded me that we had 30 days to go get our tourist visa figured out after renouncing SOFA. So a bit more cushion before the 90 day tourist period.
I know of some cases similar to this, so I’ll provide some info that may be useful for your own further research. From my understanding it can be done, but please note that I won’t respond to questions about the below, as it’s just provided for reference.
The below also assumes that the type of work you’ll be doing for your new Japanese employer shall be within the designated activities of the type of visa you’d be applying for, assumed to likely be “Engineer/Specialist in Humanities/International Services.”
**① Acquisition of a Japanese Status of Residence from SOFA**
**A. Obtain a Certificate of Provisional Withdrawal (仮離脱証明書)**
Obtain a document from the military confirming you’re currently a dependent of a member of the Armed Forces under SOFA, and that you’re able to leave the Armed Forces (as it’s presumed that permission from the U.S. military authorities is required for you to leave this status, since they also grant your current permission to stay in Japan). The document is issued by the U.S. Armed Forces, so you should first confirm whether or not it’s possible for you to obtain it. If this is too difficult or not possible to obtain, you’d have to apply for residency status after first leaving Japan, as is the usual course for obtain a work visa in Japan, etc.
**B. Application for Permission to Obtain Status of Residence**
Apply to the Immigration Bureau which has jurisdiction over the area you live in Japan.
**C. Letter of Consent for Withdrawal From SOFA**
It’s unclear whether this is to be done by the Immigration Bureau and the U.S. military, or by you as the applicant, so your immigration lawyer should check this with the Immigration Bureau.
**D. Acquisition of Status of Residence in Japan**
A residence card would be issued, and the status of residence would be granted based upon the Immigration Control and Refugee Recognition Act. Although applications are usually applied for with the maximum period of stay requested (5 years), it’s likely the visa would be issued as a 1-year (this is by the sole discretion of the Immigration Bureau). Renewal procedures can be applied starting 3 months prior to the expiration date of the status of residence.
**② Risk of Denial**
There is always a possibility that your application could be denied. If so, you’d have neither a status of residence in Japan, nor SOFA status, so he you’d be required to leave Japan in such an event (perhaps you’d be able to re-apply for SOFA as dependent from outside Japan again, but I don’t know that process).
In my generalized estimation, the fees and expenses for engaging an immigration lawyer who can communicate in English might run about JPY 400,000 – 500,000, depending on your specific circumstances, if any business travel is necessary, etc. (without any English support or communication at all, it may be about JPY 100,000 less). Typically, your employer would bear these costs on your behalf in order to hire you, etc.
Best of luck, and hope it works out for you!