SOFA work eligibility/ work visa process

My husband and I are set to PCS to Okinawa. I'm currently employed by an American company that has offices on the mainland and is willing to let me work from home, but we're very lost on what my status would be as a spouse and how that ties into my work visa eligibility/process. From what I could gather on the internet, SOFA will not allow me to actually work a full time job, but a predetermined amount of hours in Japan with the approval of my husband's command. If this is incorrect, please let me know and provide information on what is correct. Alternatively, I know SOFA means I will not have nor need a spousal visa, but is it possible/ how easy is it, to apply for a work visa as a SOFA status candidate?

Another avenue the job is working would be to work from home but still be classified as an American. If I'm on Japanese soil, working for an American company and on American payroll, would I still be required to pay Japanese taxes?

Note: this is not the typical expat process, I'd be switching from the American to Japanese system.

I'm grateful to anyone that has information that can help me understand this very confusing process.

This looks quite confusing. It appears that your husband has SOFA and you have a Japanese work visa.

You can't have SOFA and a Japanese work visa at the same time. However, it might be possible for you to still get an ID and privileges. But, do you even need such? He could probably sign you in, whenever necessary.

The other tricky part is how much is being a dependent worth versus the job you presently have? You will have to do some math, because a lot depends on what he is bringing in and what you are as well.

Also, some other things:

1) I don't understand why you would want to give up your Japanese work visa if the company you work for is willing to continue sponsoring you, even if you are on Okinawa?

Maybe the money isn't so good. But, if they are allowing you to work from home and long distance, often it's a good job and they want to keep you.

2) If you switch to SOFA, you lose all the time towards getting permanent residency, if you will want that in the future.

It usually takes 10 years to qualify to attain permanent residency through the work visa. If you switch to SOFA, the clock is reset. So if you had 3 or 5 years in, that is gone.

3) You might be able to sponsor your husband in the future, if he decides to no longer be under SOFA. This can be an additional safety net for you and him, if you both like Japan.

This might come really into play, if your husband was in the military, and decided to get out. There wouldn't be the same level of pressure for him to find a company to sponsor him, so that he can stay in Japan, or get a particular type of job that must provide a work visa.

You have a complex situation. I would be surprised if you run into anybody that could answer it precisely. Looks more like something your husband will need to ask the legal office, and then you two will have to figure out what is best for your particular situation.

I guess you should clarify where you live now but it sounds to me like you're in the US and your company has offices in Tokyo.

Sofa status folks are US residents. For income tax purposes, it would be no different than if you were PCSing to Alaska.

With that in mind, the simplest thing to do is keep working for your American-based company remotely. You will not have to pay Japanese taxes on that income. You will pay US taxes as you currently do.

If, for whatever reason, you want to get a work visa in Okinawa for a company in Tokyo, I think it will be difficult. If it's remote work, there's no reason why you need to be in Japan for that, so they may not approve a work visa.

You also mentioned working full-time for a Japanese company while on Sofa. That IS possible. You're not limited to part-time but it complicates your tax situation. It doesn't seem like a good idea. Here is someone who explains it.

http://www.bernadetteteachesmusic.com/2016/12/working-in-japan-and-sof...

Re-reading what your wrote, I think that you mentioning work visa and spousal visa (also known as marriage visa) tripped me up. Having a Japanese work or marriage visa and SOFA are quite different from each other. You coming from the U.S. to Okinawa with your husband, would be that you are under SOFA.

If you are SOFA and working for an American company remotely, this is a different situation than if you are working for a Japanese business. The limitation on the number of hours that a SOFA dependent can work appears to be based on working off-base and on the Japanese economy.

You will still have to consult the base legal office as to the limits of what you can do, but it does appear that you would be fine. You would be working for an American company, with payment to an American bank, on the base.

I don't see how you would be required to pay Japanese taxes. The only thing that I can think of is if you are doing some type of importing or exporting of products from the U.S. to Japan.

Apologies all! After re-reading the post, I can see the confusion. Allow me to clarify some points:

1. I currently live in the US.

2. My husband is military, I'm a dependent. I have no VISA currently. As I understand it, I automatically qualify for SOFA as a military spouse/dependent.

3. The company is willing to sponsor the work visa, but is unsure of my present status. They were under the assumption that I'd be coming over on a spousal visa, but my research says I'd be under SOFA and would not need a spousal visa. That will change how the company is able to proceed with a work visa. I.e. Some countries will allow the spouse of someone who is not a native to the country, but maybe an expat in the country on business with a work-visa, to work with his/her current visa (assuming that's a spousal visa). Some companies require the spouse to change visas if he/she intends on working/earning income.

4. The company American company is work for now currently has 2 options. (a) working remotely as a US-based employee, this would more than likely utilize the SOFA status and the main thing I'm concerned about is the requirement to pay Japanese and US taxes as I'd be an American employee working and living in Okinawa. (b) is transferring to the Japanese office as a Japan-based employee, the concern here is, as a military spouse classified under SOFA, can I legally work a full-time Japanese job with just SOFA status, or would I need to get a work-visa. If I need to get a work-visa, how easy is that and would it impact my SOFA status.

Hopefully this clarifies things and apologies again for the confusion.

In case I wasn't clear, you should continue working for the American company remotely under Sofa. Nothing will change for you. You pay US taxes, no Japan taxes. You don't have to apply for anything. It's the same as living in the US.

I wouldn't consider the other options. You will pay more taxes and you need permission to work.

Also, for your information. When you get to Okinawa and refer to the mainland, many people might assume that you are referring to the Japanese mainland, and not the U.S. It's a bit different than if you were say stationed in Hawaii and referred to the mainland, then people there would assume the U.S. So sometimes you might want to be more specific for clarification.

Anyway, I hope things for you and your husband go well and you have a good time on Okinawa.

I agree with ". (guest)".

I think, if you keep SOFA status, you are not a resident of Japan.

"(b) is transferring to the Japanese office as a Japan-based employee,"
if you have SOFA status, you will be classified as non-Japan-based employee. this is the origin of your confusion.

when you keep SOFA status and you transfer to the Japanese office, your situation is as same as that you are in US but have a salary from Japan.

"Also, for your information. When you get to Okinawa and refer to the mainland, many people might assume that you are referring to the Japanese mainland, and not the U.S. It's a bit different than if you were say stationed in Hawaii and referred to the mainland, then people there would assume the U.S. So sometimes you might want to be more specific for clarification.
Anyway, I hope things for you and your husband go well and you have a good time on Okinawa." (Rejo)



In this case, the assumption would be correct. I was referring to the Japanese mainland, specifically Tokyo. I've never actually heard anyone refer to the US as the mainland lol. Is that also common?

And thank you!

Pretty simple and straight forward. You just need to do the right choice before you move.

If your company is sponsoring your VISA to Japan and you are going to work for the Japanese Branch of your US Company, the easiest way to do to it is for your Husband to request to go to Japan under Unaccompanied order while you stay in the US until the transfer by your company. Even if you decide to come later to see him or to work for your company, you wont have to worry about SOFA.

As the Spouse of SOFA member, you technically have SOFA but if you are not command sponsored, you don't fall under the immigration restriction that you would have if you were to come under Accompanied order with command sponsorship.