JAPAN SOFA.pdf

JAPAN SOFA

UNITED STATES FORCES, JAPAN

USFJ INSTRUCTION 36-2611

15 June 2018

CHANGE OF STATUS BY PERSONS IN JAPAN TO ONE OF THE CATEGORIES AUTHORIZED

BY THE STATUS OF FORCES AGREEMENT

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

ACCESSIBILITY: Publication s and forms are available on the U.S. Forces Japan Portal or webpage at https://yokota.eis.pacaf.af.mil/USFJ or https://usfj.dod.afpims.mil

RELEASABILITY: There are no releasability restrictions on this publication

OPR: USFJ/JSD (Mr. Daren Epstein) Certified by: USFJ/J5 (Col Burke

Hamilton) Supersedes USFJI 36-2611, 6 October 2016

Pages: 23

PURPOSE: To establish policies and procedures which apply when a person in Japan receives status under the Status of Forces Agreement (SOFA).

SUMMARY OF CHANGES: Updated to reflect new procedures for change-of-status for individuals who are residing in Japan with an immigration status to SOFA status as a member of the civilian component or dependents or as persons or employees under Article XIV of the

SOFA. The instruction needs to be read in its entirety.

1. Scope: This instruction is applicable to all elem ents of United States armed forces in Japan, to United States government contracting officers and officials who have contracts for performance in Japan for the US armed forces in Japan, and to civilians in Japan desiring to acquire SOFA status as members of the civilian component or as persons or employees under

Article XIV of the SOFA.

2. SOFA Status Categories and Definitions.

2.1. Member(s) of the US armed forces, Civilian Component, and Dependents as defined in

Article I(a), (b), and (c) of the SOFA.

2.2. Person(s) and Employee(s) as defined in Article XIV of the SOFA.

2.3. For the purpose of this USFJI, "ordinarily resident" individuals are those who reside in

Japan under any form of immigration status. Ordinarily resident individuals are not eligibl e for

SOFA status as members of the civilian component under Article I(b) unless and until they complete the procedures established herein (see para. 4.2.2.).

2.4. "Dependents" means spouse or children under 21 or parents and children over 21 if dependent for over half of their support upon a member of the US armed forces or upon a member of the civilian component.

3. Policies.

3.1. lmmigration status must be removed by Government of Japan (GOJ) authorities before status as a "member of the Civilian Component" under Article I(b) or "Persons or Employees" under Article XIV of the SOFA is granted to a person residing in Japan with an immigration status.

3.1.1. If an individual who is changing his status to a " member of the Civilian Component" under

Article I(b) of the SOFA has dependents living in Japan who meet the definition of Article I(c) dependents and those dependents are not nationals of Japan, the sponsor should consider adjusting the immigration status of his dependents. Know that the GOJ authorities will have difficulty recognizing the dependent's SOFA status so long as the dependent continues to retain their residency status. To help solve this, dependents may use USFJ Form 8EJ (Confirmation of

Eligibility under Status of Forces Agreement for dependents under Article I(c) of the SOFA, see

Attachment 3).

3.1.1.1. The child and parent as prescribed in the USFJ Form 8EJ are limited to children under

21 or parents and children over 21 if they are dependent for over half of their support from a member of the US aimed forces or from a member of the civilian component (see para. 2.4.).

3.2. When the US authority grants SOFA status to an individual who had been residing in Japan with an immigration status, the granting activity must undertake all obligations in the SOFA for individuals brought into Japan pursuant to Article IX of the SOFA.

4. Procedures.

4.1. 1n the case where the US authority grants SOFA status to an individual who is a resident with an immigration status, the US authority must issue the USFJ Form 7EJ (Confirmation of

Eligibility under Status of Forces Agreement; valid for 15 business days after the US authority's issue) to the individual under Article I(b) or Article XIV of the SOFA (see Attachment 2) or issue the USFJ Form 8EJ to the individual under Article l(c) of the SOFA (see Attachment 3).

4.2. The individual will then proceed to the Immigration Office with jurisdiction for GOJ action to request removal of any existing immigration status and to document the following items (see paras. 4.2.2.1., 4.2.2.2., 4.2.3., and 4.2.4.).

4.2.1. Individuals wishing to obtain SOFA status must comply with the laws and procedures of

Japan regarding the change of their immigration status in Japan. For questions regarding these laws, individuals should contact local Immigration Offices (see Attachment 1 for listing).

4.2.2. Conversion to a "member of the Civilian Component" under Article I(b) of the

SOFA; there are two different procedures for 1) those who have permanent residency status and

2) those who have status other than the permanent residency status, since Article I(b) of the

SOFA excludes persons who are ordinarily resident in Japan and the Immigration Office considers that "ordinarily resident" individ uals means having permanent residency status under

Japanese laws (see para. 2.3.).

4.2.2.1. For those who have permanent residency status; As regards to an individual with a permanent residency status, who the Immigration Office considers as "ordinarily resident," the individual is not entitled to directly convert to Article I(b) of the SOFA status; however, in the case where the individual is permitted to change the residence status, other than to a permanent residency status, at the Immigration Office (e.g., a temporary visitor status), the individual is able to take the procedure as described in para. 4.2.2.2. in this instruction because, due to the change of status, the individual will be disqualified from the permanent residency status. NOTE: In the case where the individual who is entitled to change the residence status to other than the permanent residency status and obtains SOFA status pursuant to the procedure of para. 4.2.2.2., when the individual desiring to acquire the permanent residency status again after the individual no longer falls under SOFA status, the individual will not be able to get back the permanent residency status unless the individual satisfies the requirements prescribed in the Immigration Control Act.

Additionally, when the individual applies to change the residence status, other than to the permanent residency status, in principle, one must bring the following to the Immigration Office.

For specific procedures, contact the Immigration Office (see Attachment 1 for listing).

4.2.2.1.1. Passport.

4.2.2.1.2. Residence card.

4.2.2.1.3. Application for Change of Status of Residence (GOJ Form No. 30, see Attachment 6).

4.2.2.1.4. Written oath stating his/her understanding of the change of permanent residency as mentioned in para. 4.2.2.1.

4.2.2.1.5. ¥4,000 (A permission fee for Change of Status of Residence).

4.2.2.2. For those who have status other than the permanent residency status, they must bring the following to the local Immigration Office:

4.2.2.2.1. Passport or Certificate of status of residence.

4.2.2.2.2. Application of eligibility under the Status of Forces Agreement (GOJ Form No. 6, see

Attachment 5).

4.2.2.2.3. Residence card for mid-to-long term resident (if applicable).

4.2.2.2.4. Certificate to prove those who are permitted to engage in more activities than their visa allow (if applicable).

4.2.2.2.5. Confirmation of Eligibility under Status of Forces Agreement referenced in paragraph

4.1. (USFJ Form 7EJ, see Attachment 2).

4.2.3. To convert to "Persons and Employees" under Article XIV of the SOFA, bring the following to the local Immigration Office:

4.2.3.1. Passport or Certificate of status of residence.

4.2.3.2. Application of eligibility under the Status of Forces Agreement (GOJ Form No. 6, see

4.2.3.3. Residence card for Mid-to-long term resident (if applicable).

4.2.3.4. Certificate to prove those who are permitted to engage in more activities than their visa allow (if applicable).

4.2.3.5. Confirmation of Eligibilit y under Status of Forces Agreement referenced in para. 4.1.

(USFJ F01m 7EJ, see Attachment 3).

4.2.4. To convert to "Dependents" under Article I(c) of the SOFA, bring the following to the local Immigration Office:

4.2.4.1. Passport or Certificate of status ofresidence.

4.2.4.2. Application of eligibility under the Status of Forces Agreement (GOJ Form No. 6, see

4.2.4.3. Residence card for Mid-to-long term resident (if applicable).

4.2.4.4. Certificate to prove those who are permitted to engage in more activities than their visa allow (if applicable).

4.2.4.5. Written statement from the US authority certifying the family relationship with a member of the US armed forces or civilian component.

4.2.4.6. Confirmation of Eligibility under Status of Forces Agreement referenced in para. 4.1.

(USFJ Form 8EJ, see Attachment 3).

4.3. Immigration Office processes as follows:

4.3.1 For a "member of the Civilian Component" under Article I(b) of the SOFA, the

Immigration Office confirms as to whether or not the individual who applied for revocation of the residence status is ordinarily resident; if the individual is not ordinarily resident, the

Immigration Office fills out the Confirmation of Eligibility under Status of Forces Agreement

(USFJ Form 7EJ) with " the individual is not ordinarily resident" and puts a seal of the person in charge (PIC). With this, the individual will be authorized by the US armed forces provisionally

(limited to the validity period of USFJ Form 7EJ referenced in para. 4.1.). Based on that procedure, the Immigration Office revokes the residence status of the individual.

4.3.1.1. The phrase of [The Immigration Control Act does not apply due to being a "Status of

Forces Agreement" civilian component] is placed in the individual's passport.

4.3.2. For "Persons and Employees" under Article XIV of the SOFA, the Immigration

Office puts a seal of the PIC on the Confirmation of Eligibility under Status of Forces Agreement

(USFJ Form 7EJ). With this, the individual will be authorized by the US armed forces provisionally (limited to the validity period of USFJ Form 7EJ referenced in para. 4.1.). Based on that procedure, the Immigration Office revokes the residence status of the individual.

4.3.2.1. The phrase of [The Immigration Control Act does not apply due to being a "Status of

Forces Agreement" contractor] is written in the individual's passport.

4.3.3. For "Dependents" under Article I(c) of the SOFA, the Immigration Office puts a seal of the PIC on the Confirmation of Eligibility under Status of Forces Agreement (USFJ Form

8EJ). Based on that procedure, the Immigration Office revokes the residence status of the individual.

4.3.3.1. The phase of (The Immigration Control Act does not apply due to being a "Status of

Forces Agreement" member (or dependent)] is written in the individual 's passport.

4.3.4. The individual's residence status will be changed to SOFA status in FEIS (Foreigners

Entry and Departure Information System) controlled by the GOJ.

4.4. The individual will subsequently return to the US authority that issued the Confirmation of

Eligibility under Status of Forces Agreement referenced in para. 4.1. above and provide to that US authority the Confirmation of Eligibility under Status of Forces Agreement and evidence that conflicting immigration status was removed by the Immigration Office.

4.4.1. The individual is required to bring a passport (and, if applicable, a punched residence card where the IC chip has been destroyed by the Immigration Office).

4.4.2. The US authority that issued the Confirmation of Eligibility under the Status of Forces

Agreement will make a copy of the entire passport (punched resident card as well, if applicable) and retain a copy in the individual's personnel file or contract file, as appropriate, to demonstrate compliance with requirement to not be a resident with an immigration status when granted SOFA status.

4.4.3. If the individual is unable to remove the immigration status, the US authority shall not grant SOFA status.

4.4.4. If the individual who has been selected to be a "member of the Civilian Component" under

Article I(b) of the SOFA has complied with these requirements, he/she will review and sign the

Contractor Employee Acknowledgment Form (USFJ Form 27, see Attachment 4) before receiving

SOFA status from the US authority. This form will be retained in the individual's personnel file or contract file.

4.4.5. For the individual who has been selected to be a "member of the Civilian Component" under Article l(b) or "Persons and Employees" under Article XIV of the SOFA, if the individual's situation has been changed and is no longer working in support of the US armed forces or did not come back within 15 business days after issuing USFJ Form 7EJ, the US authority must immediately notify the Immigration Office in accordance with USFJ Instruction 36-2610

(Notification to the Government of Japan of Separation from Jurisdiction of US Forces in Japan).

4.5. Individuals who have completed the procedure as outlined in para. 4.2. to para.4.4. above will obtain a SOFA ID card from the US authority. With the completion of this procedure, the

Confirmation of Eligibility under the Status of Forces Agreement shall cease to be effective.

4.6. After compliance with para. 4.5., the US authority will put a multiple entry/exit stamp (i.e., SOFA stamp) in the passport of personnel granted SOFA status.

5. Responsibilities. Service component commanders in Japan will implement this policy.

6. Miscellaneous.

6.1. The policies and procedures stated herein do not apply when:

6.1.1. A Japanese national marries a person covered by the SOFA.

6.1.2. A member of a reserve component of the US armed forces, who is a resident of Japan, is in a period of official duty status with the US armed forces.

7. References.

7.1. Agreement under Article VI of The Treaty of Mutual Cooperation and Security Between the

United States of America and Japan, Regarding Facilities and Areas and the Status of United

States Armed Forces in Japan dated the 19th of January 1960 (Short Title: SOFA).

7.2. Interpretations and procedures discussed and/or concluded at the following sessions of the

U.S. -Japan Joint Committee established under the Administrative Agreement of 1952: 67, 79, and

81.