"I was talking about babies born to non-Sofa foreigners."--Guest
Why type about unrelated issues? What does a baby born to non-SOFA foreigners have to do with switching from SOFA to a work visa?
The only way a baby can be put under SOFA is that at least one of the parents is SOFA and registers the child as their dependent. Until then, if the baby's mother is Japanese, then the child is Japanese too and a citizen of Japan.
"You are correct about not being able to get a visa before Sofa expires. "--Guest
Yes, I know, you can't have both SOFA and a Japanese visa. Therefore, Japanese immigration needs documentation clarifying when the SOFA has expired.
"You can't show the police a reservist card and claim Sofa."--Guest
Yes, as I typed, simply having an ID card from the military base doesn't mean you are under SOFA. It was what you typed previously that can cause confusion.
"The military has ID cards. It has an expiration date on it. This can be used to prove your grace period."
The issue here is clarification about military ID. You can be a worker on the military base, including a Japanese person, and have a military base ID. Just because you have an ID from the military base, doesn't mean you have SOFA.
What means that a person has SOFA is their orders, stating they are under it. They are under SOFA until the day those orders expire.
There is no "grace period" or "no status" period, where the SOFA has expired or been removed and the person is allowed to legally stay in Japan. The person has to become:
A) A tourist (temporary visitor)
B) Be under under one of the various other Japanese visas (like work or marriage)
C) Are being processed and waiting a decision by Japanese immigration
Furthermore:
1) If you applied for your Japanese visa prior to your SOFA ending, then you are under SOFA until it expires or is removed.
2) If your SOFA has expired and your ID was returned, but your Japanese visa application is still being processed, then you are under the jurisdiction and control of Japanese immigration.
Japanese immigration should have stamped your passport as such, when the SOFA was removed. Because if you were stopped by the Japanese police, in such a "no status", they can put such a person in jail.
3) If the person has a reservist or retiree ID, this might confuse some Japanese police.
However, if the Japanese police are familiar with military IDs it will not. They will then ask to see your passport or call the military base.
When they call the military base about such a person, they can get quick confirmation if the person under SOFA. There is no "grace or no status" period. The person is either under SOFA or not.
If the person doesn't show a proper stamp on their passport or proof they are being processed by Japanese immigration, then they will likely be put in jail.
"...I had my orders and a letter from the legal office (on base) stating when my Sofa ended. I applied for my visa..."
If you applied for a Japanese visa prior to your SOFA ending, then you are being processed by Japanese immigration. Until your SOFA has expired or been removed, then you are still under SOFA.
When your SOFA has expired or been removed, you must report to Japanese immigration and have them stamp your passport. Failing to do so leaves the possibility of being put into jail by the Japanese police.
Best not to create confusion or mislead others, because it might cause someone to be put in jail. If a person is stopped by Japanese police while in "no status", what to you think they will do?
1) They will ask to see your ID.
Failure to show an ID, showing them a reservist or retiree ID, or showing an expired ID will lead to trouble. If they are confused about your ID, they will ask for other documentation or call the military base.
2) If they can't determine your status by the ID, they will ask to see your passport.
If the passport doesn't have SOFA or a stamp by Japanese immigration, the person is clearly in trouble. If the person doesn't have their passport and they can't determine status by ID, they are also in trouble.
3) If you show them a military base ID or claim association with the military base, they will call them.
The Japanese police will detain you, then call the military base to clarify if you are under SOFA or not. They might take the person to the koban first, then call.
4) If they call the military base to verify if SOFA, and the military police say they are not.
And if the person has no passport stamp or documents from Japanese immigration, they are going to stay in jail. The person can argue with the Japanese police about "no status or grace period" as much as they like, but they will likely stay in jail and be processed for deportation.
|