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Article 1
This Regulations is enacted in accordance with Article 35 of the Immigration Act (hereinafter referred to as “the Act”).
Article 2
The period of stay for an alien entering the country with a visitor visa, or a visa-waiver, starts from the day following entry; an alien shall leave the country before the expiration of the duration of stay.
Article 3
Aliens applying for an extension of stay pursuant to paragraph1, Article 31 of the Act, shall submit the following documents and a photograph to the National Immigration Agency of the Ministry of the Interior (hereinafter referred to as “NIA”) within fifteen(15) days before the expiration of the duration of stay:
1. An application form;
2. The passport;
3. The visitor visa;
4. Other supporting documents.
Each extension granted shall not exceed the duration of stay permitted by the original visitor visa, with the total duration of stay not exceeding six months. However, an alien who can provide supporting documentation of the following circumstances may be granted an extension to his/her duration of stay at the discretion of the NIA:
1. Being pregnant for over seven months, or having given birth or undergone an abortion within the past two months;
2. Being hospitalized due to illness or pregnancy, for which the exit aboard a plane or ship may endanger his/her well being;
3. The spouse, any blood relative whose kinship with the alien is lineal or collateral within the third-degree, or any in-law relative within the second-degree of kinship; any of the aforesaid whose household registration is within the Taiwan Area, having been hospitalized due to serious illness or injury necessitating the care of another, or having died and the funeral for whom requires one to organize and manage such;
4. Being subjected to natural disaster or other inevitable major incident;
5. Being constrained by law upon the personal freedom.
An extension granted in accordance with subparagraphs 1 and 2 of the preceding paragraph shall not exceed two months. An extension granted in accordance with subparagraph 3 of the preceding paragraph shall not exceed two months from the occurrence of the condition. An extension granted in accordance with subparagraph 4 of the preceding paragraph shall not exceed one month. An extension granted in accordance with subparagraph 5 of the preceding paragraph shall be determined according to the specific circumstance.
Article 4
Having made entry under a visa-waiver, or a visa applied for upon the arrival, any alien who is unable to leave Taiwan before the expiration of the duration of stay due to any of the conditions stated in the subparagraphs of Article 4 of the Enforcement Rules for Issuance of ROC Visas on Foreign Passports, shall apply for a visitor visa with the Bureau of Consular Affair of the Ministry of Foreign Affair, or one of its subordinate branches.
Article 5
Any alien upon entry into the country with a resident visa may apply for residency with the National Immigration Agency by submitting the following documents and a photograph; an Alien Resident Certificate shall be issued upon approval:
1. An application form;
2. The passport and the resident visa;
3. Other supporting documents.
Applicants applying for Alien Resident Certificate pursuant to paragraphs 1 to 3, Article 26 of the Act shall be exempted from submitting the document stated in subparagraph 2 of the preceding Article.
Article 6
Any alien meeting one of the conditions stated in subparagraphs 1 to 5, paragraph 1, Article 23 of the Act, may apply for residency with the National Immigration Agency by submitting the following documents and a photograph; upon approval, the alien shall be issued an Alien Resident Certificate:
1. An application form;
2. The passport and the visitor visa;
3. Other supporting documents.
The applicant applying in accordance with one of the conditions stated in subparagraph 1, pargraph1, Article 23 of the Act may file the application 30 days before the expiration of his/her duration of stay. The applicant applying in accordance with one of the conditions stated in subparagraphs 2 to 5, paragraph 1, Article 23 of the Act may file the application fifteen(15) days before the expiration of his/her duration of stay.
The validity of Alien Permanent Resident Certificate applied for in accordance with the preceding paragraph shall begin from the date of its issuance.
Stateless person who entered Taiwan with a visitor visa may not apply for residency. If a particular individual holds a valid visa whose duration of stay is at least 60 days and has not been prohibited from extending the duration of stay or any other restriction, or has special circumstances verified by other government agencies commissioned by competent authorities shall not be excluded.
Any alien born in Taiwan may apply for the Alien Resident Certificate through his/her parent, custodian, or a child and juvenile welfare organization.
Article 7
Stateless persons of Thailand, Myanmar, or Indonesia who entered Taiwan and had not been deported before the Act became effective on May 21, 1999, shall submit the following document and a photograph to the National Immigration Agency; an Alien Resident Certificate shall be issued upon approval:
1. An application form;
2. A Health Certificate indicating good health;
3. The Indictment or the Non-Prosecution Disposition;
4. The document attesting place of birth;
5. The Certificate of Entry Date;
6. Other supporting documents.
Any children of the stateless person stated in the preceding paragraph may along apply for residency.
The validity of the Alien Resident Certificates issued pursuant to this Article shall begin from the day of its issuance.
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.
Aliens who are permitted to reside in the Taiwan Area, having reached the age of 20 years old (or more), having a parent holding an ARC or APRC, and having met one of the following conditions may apply for the extension of the residency:
1. Having stayed in Taiwan for an accumulated 10 years in total and residing for over 270 days each year.
2. Having entered Taiwan under the age of 16 and stayed over 270 days each year.
3. Born in Taiwan, having resided in Taiwan for a minimum accumulated period of at least 10 years in total and having stayed over 183 days each year.
The alien mentioned in the preceding paragraph should bring the following documents with one photograph to apply to the National Immigration Agency for extension within 30 days before the expiration of his/her residency.
1. An Application Form.
2. Passport and the Alien Resident Certificate;
3. Documents to prove kinship;
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.
3 years of extension is granted for the ARC holder mentioned in paragraph 2 of the preceding Article following the expiration of the ARC holder. A second extension for the ARC holder with an additional maximum 3 years is permitted if meets certain requirements.
Article 10
The validity of Alien Resident Certificate issued to an alien, whose residency is granted on the joint-family basis, shall correspond with the validity of residency for the joint-family relative; where the joint-family relative is a ROC national, the validity of Alien Resident Certificate shall not exceed three(3) years.
Article 11
Aliens applying for permanent residency shall submit to the NIA the following documents and a photograph; an Alien Permanent Resident Certificate shall be issued upon approval:
1. An application form;
2. The passport;
3. The Alien Resident Certificate;
4. A Health Certificate indicating good health;
5. The document attesting to one’s the wealth or special skills to be self-sufficient;
6. The police records of the past five(5) years issued by both Taiwan and applicant’s country of origin;
7. Other supporting documents;
Aliens applying pursuant to paragraphs 3 and 4, Article 25 of the Act shall also submit the approval document issued by the related central competent authorities or an authorized organization, and shall be exempted from submitting the documents stated in subparagraphs 3, 5, and 6 of the preceding paragraph.
Aliens applying for permanent residency, during the 5 years of stay and have not left the State for over 3 months during any particular trip out of the country, shall be exempted from submitting the documents and the no criminal record of the original country respectively stated in subparagraphs 4 and 6 of Paragraph 1 of Article 11.
The examinations necessary for a satisfactory Health Certificate stated in subparagraph 4 of paragraph 1 shall be undertaken in accordance with the requirements for Health Certificate determined by the Department of Health of the Executive Yuan.
Aliens whose ARC have been repealed in accordance with Subparagraph 4 of Article 33 and still qualify for staying, shall apply for residency within 30 days following the repealing of the ARC.
Article 12
The National Immigration Agency may grant permanent residency to aliens applying for investment immigration to Taiwan who have met one of the following conditions:
1. Having invested worth over NTD(New Taiwan Dollar)15,000,000 in a for-profit enterprise, and having created five or more job opportunities for ROC nationals for over 3 years;
2. Having invested worth over NTD (New Taiwan Dollar) 30,000,000 in Central Government Bonds, for over 3 years.
Article 13
deleted
Article 14
deleted
Article 15
The spouse and any underage children of any alien whose application for permanent residency is approved based upon investment immigration, may also apply for permanent residency.
Article 16
In accordance with paragraph 1, Article 28 of the Act, aliens over 14 years of age inside Taiwan’s national border, shall carry on his/her person the passport, the Alien Resident Certificate, or the Alien Permanent Resident Certificate.
Should an alien have none of the documents stated in the preceding paragraph, another identification document designated by the competent authorities shall be carried upon his/her person.
Article 17
Any ROC citizen currently residing in the Taiwan Area who has entered Taiwan with a foreign passport and is applying for residency, or an extension of stay or residency, shall first register with the Household Registration Office his/her place of residency in the foreign country, before the NIA may accept his/her application.
With respect to the application stated in the preceding paragraph, the NIA shall not accept the application filed by a draft-age, or near draft-age, male whose military service obligation has not been completed, and under one of the following conditions:
1. Having neither an Overseas Compatriot Identity Certificate nor a notation of Overseas Chinese Status marked on his ROC passport for the purpose of military service exemption;
2. Being an overseas Chinese draftee who has resided in the Taiwan Area for over one year;
3. Having been subjected to conscription in accordance with the law and is being restricted from leaving the country.
Article 18
Having been granted residency pursuant to any of the conditions stated in the subparagraphs of paragraphs 1, Article 23 of the Act, after entry into Taiwan with a visitor visa; an alien whose condition underlying his/her residency has changed, shall apply to amend the basis of residency with the NIA within thirty(30) days from the occurrence of such change; the validity of residency shall be determined upon review. However, any change of residency not matching any of the conditions stated in the subparagraphs of Article 23 of the Act, the alien applying shall within fifteen(15) days from the occurrence of such change, first reapply for resident visa with the Bureau of Consular Affair of the Ministry of the Foreign Affairs, or its subordinate branch, before applying with the National Immigration Agency.
Article 19
According to Subparagraph 4 of Article 33 of the Act, if the length of stay in the State does not exceed 183 days in a year, the year counts for permanent residency will begin counting from January first of the following year.
The period of each departure permitted in the proviso stated subparagraph 4, Article 33 of the Act is to a maximum of two years.
Article 20
Any alien who seeks to exit and re-enter Taiwan, shall apply to the National Immigration Agency for a re-entry permit in accordance with Article 34 of the Act.
The re-entry permits stated in the preceding paragraph shall be either the single re-entry permits or the multiple re-entry permits; the validity thereof shall not exceed the validity of the Alien Resident Certificate. The application for multiple re-entry permits may be submitted along with the application for the Alien Resident Certificate. However, any alien who is being employed in Taiwan pursuant to subparagraphs 8 to 10, paragraph 1, Article 46 of the Employment Services Act shall only be eligible to apply for a single re-entry permits.
Upon cancellation of the Alien Resident Certificate, the associated re-entry permits shall be deemed as canceled concurrently.
Aliens with permanent resident status may make multiple re-entries with the Alien Permanent Residency Certificate and a valid passport.
Article 21
Any related competent authorities, or related authorities, upon the discovery or knowledge of an alien whose basis for stay or residency is no longer applicable, shall notify the NIA.
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 and subparagraph 3 of Paragraph 1 of Article 48 of the Employment Services Act or the proviso of paragraph 1 of Article 5 and paragraph 1 of Article 6 of Act for the Recruitment and Employment of Foreign Professionals, 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. Foreign special professional’s spouse and minor children, and children over twenty years old who are unable to live independently due to physical or mental disability can also apply through the same process after verified for residency. Upon approval, the effective period of his/her ARC shall be extended to 6 months from the next day of the date of the expiration of the time limit for the original residence. Before the extended period expires, if necessary, the alien can re-apply one time for further extension. The total extended period of residency is one year at most.
Article 22-1
An alien entering Taiwan for studying, if necessary, should submit the reasons in writing to apply to the National Immigration Agency for an extension of his/her ARC before expiration.
The valid time period of the ARC in accordance with the extension rules set forth in the preceding paragraph is 6 months following the expiration of his/her ARC. Before the extended period expires, if necessary, the alien can re-apply one time for further extension. The total extended period of residency is one year at most.
Article 23
Upon the death of any alien within Taiwan’s national borders, the related party; or the embassy, or an authorized organization, of the country of origin; shall register his/her death with the NIA within fifteen(15) days from the occurrence of such; or the National Immigration Agency may register his/her death after an investigation to verify the matter.
Upon registering the death of any alien, the NIA shall immediately forward the matter to, where the estate tax thereof may be applicable, the local tax collection competent authorities of the Central Government.
Article 24
Any alien unable to be deported due to the refusal by the country of issuance of his/her passport, or other countries, to receive the alien, may be issued a provisional alien registration permit for stay, subject to limitations on his/her place of residence and other conditions.
Article 25
The effective date of the Regulations shall be determined by the Ministry of the Interior.