SOFA status is not something that is granted or denied. It is based on belonging to one of the following categories:
- active duty service members in Japan, regardless of purpose or length of stay
- U.S. civilians who are in the employ of, serving with, or accompanying the military in Japan
- “dependents” of categories (a) and (b):
- spouse (same-sex or opposite-sex spouse)
- children, step-children, and adopted children under 21
- children, step-children, and adopted children over 21 (i.e., no maximum age) if dependent on the sponsor for over half their support
- parents and parent-in-law if dependent on the sponsor for over half their support and not ordinarily resident in Japan
Persons NOT qualifying for SOFA status:
- retirees unless they fall into either category (a), (b), or (c) above
- legal wards and foster children even if court-appointed
- parents or parents-in-law if ordinarily resident in Japan
- grandparents, regardless of support
- grandchildren, regardless of support
- family members of Art. XIV contractors
- non-DoD federal employees
- members of foreign armed forces
- resident of Japan, except dependent(s)
“dependent” for purposes of the SOFA is different than “dependent” for purposes of DoD regulations:
- being a SOFA “dependent” does not require that the person be “command sponsored”
- being a SOFA “dependent” does not require that the person have an “area clearance”
- being a SOFA “dependent” does not require DEERS eligibility
SOFA status gives an individual:
- visa exemption
- criminal jurisdiction procedures IAW Article XVII of the SOFA
SOFA status, by itself, does not entitle an individual to:
- USFJ driver's license (Contact PMO's Pass and Registration)
- USFJ vehicle registration (Contact PMO's Pass and Registration)
- base access or use of base facilities
- exchange, commissary, or other similar benefits
- TRICARE enrollment
- DoD ID card
- military family housing
- OHA
- COLA
- funded travel
REFERENCES:
- Status of Forces Agreement
- USFJ Policy Letter 4-3
- USFJ Instruction 31-203
- USFJ Instruction 31-205
- USFJ Instruction 64-100