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New rules on extensions of residence in Taiwan

by WP

The Ministry of the Interior announced amendments to the Regulations Governing Visiting, Residency, and Permanent Residency of Aliens (the “Regulations”) on 22 April. The amendments took effect immediately.

The amendments primarily benefit the adult children of foreign residents who grew up in Taiwan. They are now able to apply for two three-year extensions of residency if they meet certain minimum residency requirements as minors and apply during the 30 days before expiration of a current Alien Residence Certificate. Regulations §§ 8-9.  The ARC extensions do not confer work rights.

Foreign white collar professionals also now have up to six months of extended residency to seek new employment in Taiwan after a job ends. Regulations § 22.  The foreign professional must apply for extension of residence to seek new employment before his or her ARC expires or is cancelled.   During this period, the foreign professional cannot work until her new employer has obtained a work permit for her.

Graduates of Taiwanese universities may also apply for a six month extension of residency. Regulations § 22-1.

Below is a translation of the amendments to the Regulation provided as a public service to the international community in Taiwan.

Article 8

Aliens applying for an extension of residency pursuant to paragraph 1, Article 31 of the Act, shall submit the following document and a photograph to the National Immigration Agency within thirty(30) days before the expiration of residency:

1. An application form;
2. The passport and the Alien Resident Certificate;
3. Other supporting documents.

An alien who is permitted to reside in the Taiwan region, is at least 20 years of age, and whose father or mother holds an Alien Resident Certificate or a Permanent Alien Resident Certificate may apply to extend residency if any of the following circumstances apply:

  1. [The alien] has lawfully accumulated ten years of residence and has lived in Taiwan for more than 270 days in each of those years;
  2. [The alien] entered Taiwan before the age of 16 and has lived in Taiwan for more than 270 days each year; or
  3. [The alien] was born in Taiwan, has lawfully accumulated ten years of residence. and has lived in Taiwan for more than 183 days in each of those years.

The alien in the preceding paragraph shall submit the following document and a photograph to the National Immigration Agency within thirty(30) days before the expiration of residency:

1. Application form;
2. Passport and the Alien Resident Certificate;
3. Documents proving relationship [to parent]
4. Other supporting documents.

Article 9

The validity of Alien Resident Certificate issued to the following aliens shall not exceed one year:

1. Anyone undertaking study in a school, or a Chinese language institute affiliated with an university, registered with the education competent authorities;
2. Anyone undergoing study or training with the approval of the education or other competent authorities;
3. A foreign missionary or Buddhist preacher;
4. First-time applicant of residency based on the marriage to an citizen ROC national;
5. Any others for whom such residency is necessary.

Where the alien stated in subparagraph 1 of the preceding Article is a recipient of a university scholarship award under the special approval of the Ministry of Education, the validity of Alien Resident Certificate thereof shall be exempted from the one year restriction.

Where the alien in paragraph 2 of the preceding Article applies to extend that validity of an approved and issued Alien Residence Certificate, the effective period is extended for three years from the day following the expiration of the alien’s original period of residence. If necessary, the alien may apply for another extension once. The period [of the second extension] shall not exceed three years.

Article 22

An alien, the residency for whom is granted based on the investment in Taiwan, the employment in Taiwan pursuant to subparagraphs 1 to 7 of paragraph 1 of Article 46 or Subparagraph 1 of Paragraph 1 of Article 48 of the Employment Services Act, or the special approval by the Ministry of the Foreign Affairs, under special circumstances may submitted a written explanation to extend the length of stay from the National Immigration Agency prior to the expiration of the residency; spouses and underage children of the aliens who have been verified for residency can also apply through the same process. Upon approval, applicants can leave the State six months after the expiration of the residency.

Article 22-1

Before residency expires, an alien who has come to Taiwan to study may, if necessary, explain the alien’s reasons in writing and apply to the National Immigration Agency for an extension.

An alien who applies for an extension of residency under the preceding paragraph and is approved may have residence extended for six months from the day following the expiration of the previous period of residence.

 

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