Issues Relating to Residency in Taiwan for Foreign Nationals
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If a foreigner holding an Alien Resident Certificate (ARC) is forced to extend their stay in Taiwan for reasons of force majeure or for some other important reason, how will this be dealt with? |
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When a foreigner applies for a visa to enter Taiwan, what are the requirements with respect to the period of validity of the foreigner’s passport? Is it necessary to have at least six months’ validity remaining on the passport? If the foreigner’s passport will expire in less than six months, what should the foreigner do? |
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If a foreigner suffers an occupational injury while employed in Taiwan and has to undergo medical treatment for a period that will exceed the validity of their visa, can a visa extension be arranged? |
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If an individual with dual nationality who is registered as resident in Taiwan (for household registration purposes) enters Taiwan for the purpose of “visiting relatives” using a foreign passport with a temporary stay visa, can they work in Taiwan? |
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If, after leaving the country, an individual who had exceeded their permitted stay in Taiwan wishes to enter Taiwan again to reside in Taiwan, what procedures must be undergone? |
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How should an individual who holds dual nationality go about applying for an Alien Resident Certificate? |
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If an individual’s Alien Resident Certificate has been cancelled, can the individual use their original (multiple-entry) re-entry permit to enter Taiwan again? |
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If an individual’s passport has expired, how can they extend their Alien Resident Certificate? |
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Does an individual who entered Taiwan through non-visa entry, with a landing visa or with a temporary stay visa need to apply for an Alien Resident Certificate? |
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If an individual fails to extend their Alien Resident Certificate before its expiry, how will this be dealt with? |
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| If a foreigner holding an Alien Resident Certificate (ARC) is forced to extend their stay in Taiwan for reasons of force majeure or for some other important reason, how will this be dealt with? |
| If a foreigner who has entered Taiwan on a resident visa needs to extend their stay in Taiwan, they should apply to the Bureau of Consular Affairs, Ministry of Foreign Affairs, or one of its branches, bringing with them the relevant identity documents and other evidences (if the application is rejected, the application fee will not be refunded). Persons falling into the falling categories may not have their stay in Taiwan extended:
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(1.)
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Persons who entered Taiwan through non-visa entry or with a landing visa.
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Persons who have already exceeded their permitted stay in Taiwan.
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Persons who have changed their visa category since entering Taiwan.
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| A foreigner holding a 60-day visa that is not stamped “no extension permitted) may apply to the local police to have their visa extended, on presentation of the relevant documents. |
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| When a foreigner applies for a visa to enter Taiwan , what are the requirements with respect to the period of validity of the foreigner's passport? Is it necessary to have at least six months' validity remaining on the passport? If the foreigner's passport will expire in less than six months, what should the foreigner do? |
| In accordance with standard international practice, Item 1 of Paragraph 2, Article 5 of the Enforcement Rules of the Statute Governing the Issuance of Visas in Foreign Passports stipulates that “For the purposes of the previous Item, a valid passport must have at least six months validity remaining on it, except where this has been agreed otherwise by treaty or agreement.” In principle, therefore, the passport of an individual wishing to apply for a visa to enter Taiwan should have at least six months' validity remaining on it. If the period of validity is less than six months, unless a treaty or agreement has been signed between Taiwan and the country in question that stipulates otherwise, the individual should first arrange to have the validity of their passport extended before applying for a visa to enter Taiwan. |
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| If a foreigner suffers an occupational injury while employed in Taiwan and has to undergo medical treatment for a period that will exceed the validity of their visa, can a visa extension be arranged? |
| If a foreigner suffers an occupational injury while employed in Taiwan and needs to undergo medical treatment for a period that will exceed the validity of their visa, the purpose of the foreigner's stay in Taiwan will be deemed to have changed. In accordance with the provisions of Article 11 of the Regulations Governing Alien Visits, Residence and Permanent Residence, the foreigner should go to the Bureau of Consular Affairs, Ministry of Foreign Affairs to apply for a new resident visa, taking with them their occupational injury certificate, doctor's certificate (which must specify the period of time for which it is anticipated the foreigner will need to undergo treatment), etc. If the foreigner is granted a resident visa, they should take the resident visa to apply to their local police for an extension of their Alien Resident Certificate. |
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| If an individual with dual nationality who is registered as resident in Taiwan (for household registration purposes) enters Taiwan for the purpose of “visiting relatives” using a foreign passport with a temporary stay visa, can they work in Taiwan? |
| Article 79 of the Employment Services Law stipulates that an individual who holds both Taiwan ROC nationality and the nationality of a foreign country, and who is registered as resident in Taiwan (for household registration purposes), can work in Taiwan without needing to apply for a work permit. However, Article 27 of the Immigration Law stipulates that: “while staying temporarily in Taiwan or residing in Taiwan , foreigners may not undertake work or other activities that do not conform to the purpose of the foreigner's stay.” Furthermore, Article 67 of the Immigration Law stipulates that: “the provisions of this Law applying to foreigners shall apply mutatis mutandis to citizens of Taiwan ROC who also hold foreign nationality and who enter Taiwan using a foreign passport”. Therefore, although a citizen of Taiwan ROC who also holds a foreign passport and has used their foreign passport to enter Taiwan, and who is registered as resident in Taiwan for household registration purposes, is not required to apply for a work permit, such an individual is still prohibited from undertaking work or other activities that do not conform to the purpose of their stay. |
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| If, after leaving the country, an individual who had exceeded their permitted stay in Taiwan wishes to enter Taiwan again to reside in Taiwan , what procedures must be undergone? |
| An individual who has left Taiwan and wishes to return to Taiwan to reside in Taiwan should apply to the Taiwan representative office in the country in which they are residing for a resident visa. Alternatively, they can apply for a temporary stay visa, and then apply to the Bureau of Consular Affairs, Ministry of Foreign Affairs to have the visa changed to a resident visa after their arrival in Taiwan . The individual should go to their local police to obtain an Alien Resident Certificate within 15 days of receiving their resident visa (the applicant should bring with them their passport, two 2-inch photographs, supporting documentary evidence and the application fee). |
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| How should an individual who holds dual nationality go about applying for an Alien Resident Certificate? |
| If an individual holding dual nationality is still registered as resident in Taiwan (for household registration purposes), the individual should first apply to the Household Registration Office in the locality which they are registered as being resident in to have their household registration cancelled; the household registration must be cancelled before the police in the district where the individual is currently residing can process their application for an Alien Resident Certificate. |
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| If an individual's Alien Resident Certificate has been cancelled, can the individual use their original (multiple-entry) re-entry permit to enter Taiwan again
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Paragraph 3, Article 14 of the Regulations Governing Alien Visits, Residence and Permanent Residence stipulates that if an individual's Alien Resident Certificate is revoked or cancelled, that individual's (multiple-entry) re-entry permit will also be deemed to have been revoked or cancelled. If the individual wishes to enter Taiwan again, they must apply for a new visa. |
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| If an individual's passport has expired, how can they extend their Alien Resident Certificate? |
| When the individual goes to their local police to have their Alien Resident Certificate extended, the local police will issue them with an extension up to the date on which their passport will expire. The individual should then apply as soon as possible to their country's representative office in Taiwan to have their passport renewed or extended. Once the individual's passport has been renewed or extended, they can apply to their local police for a further Alien Resident Certificate extension. |
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| Does an individual who entered Taiwan through non-visa entry, with a landing visa or with a temporary stay visa need to apply for an Alien Resident Certificate? |
| No. Only those individuals who enter Taiwan with a resident visa are required to apply for an Alien Resident Certificate. An individual who entered Taiwan with a temporary stay visa can apply to the Bureau of Consular Affairs, Ministry of Foreign Affairs for a resident visa. If they are granted a resident visa, they should go their local police within 15 days to apply for an Alien Resident Certificate. |
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| If an individual fails to extend their Alien Resident Certificate before its expiry, how will this be dealt with? |
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If an individual has failed to extend their Alien Resident Certificate before its expiry, they should go to their local police to pay the stipulated fine; they will then be ordered to leave Taiwan within a specified number of days. The individual may then apply for a new resident visa after leaving Taiwan. |
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