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Chapter Law Content

Title: Immigration Act CH
Category: Ministry of the Interior(內政部)
Chapter 3 Visits, Residence, and Registered Permanent Residence of Nationals without Household Registration in the Taiwan Area
Article 8
A national without household registration in the Taiwan Area who has applied to the National Immigration Agency for a visit in the Taiwan Area may be granted a three (3)-month visit. The visit can be extended once if necessary and the total period of the visit after the extension of the visit shall not exceed six (6) months, beginning from the next day after the day of arrival. The Agency may further extend the duration of stay and increase the frequency of extensions if the national falls within any of the following circumstances and proves that he/she does falls under such a circumstance:
1. Has been pregnant for more than seven (7) months, has given birth, or has had a miscarriage for less than two (2) months.
2. Has been hospitalized for diseases or pregnant, and may endanger his/her own life if going abroad.
3. Has a spouse, a lineal blood relative, a collateral blood relative within the third degree, or a relative by marriage within the second degree, hospitalized or deceased in the Taiwan Area who suffer from serious illnesses or critical injuries.
4. Has met force majeure or other inevitable incidents.
5. Has his/her personal freedom restricted by laws.
Each extension of a visit pursuant to Subparagraph 1 or 2 of the preceding Paragraph shall not exceed two (2) months. The extension of a visit pursuant to Subparagraph 3 shall not exceed two (2) months from the date of the occurrence of the cause. The extension of a visit pursuant to Subparagraph 4 shall not exceed one (1) month. The extension of a visit pursuant to Subparagraph 5 shall be granted as required by circumstances.
As the visits stated in the preceding two Paragraphs expire, an immediate exit is mandatory unless residence or registered permanent residence is granted in accordance with this Act.
Article 9
A national without household registration in the Taiwan Area shall apply to the National Immigration Agency for residence in the Taiwan Area if he/she falls within any of the following circumstances:
1. Has a lineal blood relative, a spouse, a sibling, or a spouse's parent, who has household registration in the Taiwan Area. If the relationship is a result for adoption, the adoptee shall be a minor; he/she shall reside with the adopter in the Taiwan Area. The adoption is limited to two (2) people.
2. Serves as an overseas compatriot legislator.
3. Has been naturalized and has acquired the nationality of the State.
4. Was or is born overseas under a situation either where at the time of his/her birth, one parentwas a national with household registration in the Taiwan Area or where he/she was born after his/her parent who was a national with household registration in the Taiwan Areahad been deceased.
5. Holds a passport of the State to enter in the Taiwan Area in the legal visit status for consecutive five (5) years or over, and to reside for the period of one hundred and eighty-three (183) days or over each year.
6. Has made an investment in the Taiwan Area which is more than a certain amount of capital, and has been approved or filed for future reference by the central authorities for investment.
7. Was an overseas compatriot student residing in the Taiwan Area pursuant to the following twelfth subparagraph, who is approved to work in the Taiwan Area by the central authority for labor affairs or the competent authority of the industry concerned pursuant to Subparagraphs 1 to 7 or Subparagraph 11, Paragraph 1 of Article 46 of the Employment & Service Act, or who engages in work not required approval pursuant to Subparagraph 1 or 3, Paragraph 1 of Article 48 of the Employment & Service Act, or who engages in legal work not required approval under the Employment & Service Act in the Taiwan Area, or who has returned to his/her country of residence to work for two (2) years after graduation.
8. Has distinguished contributions to the State and the society, or is a senior professional as needed in the Taiwan Area.
9. Has specific skills and experiences and has been invited back to the State by the central authorities.
10. Has been appointed or employed by a government agency, a public or private university or a college besides the authorities stated in the preceding Subparagraph.
11. Has been approved to work in the Taiwan Area by the central authority for labor affairs or the competent authority of the industry concerned pursuant to Subparagraphs 1 to 7 or Subparagraph 11, Paragraph 1 of Article 46 of the Employment & Service Act, or engages in work not required approval pursuant to Subparagraph 1 or 3, Paragraph 1 of Article 48 of the Employment & Service Act, or engages in legal work not required approval under the Employment & Service Act but equivalent to those under Subparagraphs 1 to 7 or Subparagraph 11, Paragraph 1 of Article 46 or Subparagraph 1 or 3, Paragraph 1 of Article 48 of the Employment & Service Act in the Taiwan Area.
12. Is an overseas compatriot student approved to study in the State by each level of the competent educational administration authority, universities or the University Entrance Committee for Overseas Chinese Students composed of the aforementioned authority and universities.
13. Is a trainee who has been approved to take vocational training by a central authority
14. Is a master graduate student or a doctorate student who has been approved to undertake research and serve as an intern by a central authority.
15. Has been approved to work in the Taiwan Area by the central authority for labor affairs in accordance with Subparagraph 8 to 10, Paragraph 1 of Article 46 of the Employment & Service Act or engages in legal work not required approval under the Employment & Service Act but equivalent to those under Subparagraphs 8 to 10, Paragraph 1 of Article 46 of the Employment & Service Act in the Taiwan Area.
A person who falls within any one of the circumstances stated in Subparagraph 1, Subparagraph 2 or Subparagraphs 4 to 11 of the preceding Paragraph, his/her spouse and minor children may apply together with him/her , or may apply after the approval of his/her application for residence in the State and before the approval of his/her application for registered permanent residence in the State. When his/her approval of residence is revoked or terminated in accordance with Paragraph 2 of Article 11 of this Act, the approval of residence of his/her spouse and minor children is also revoked or terminated at the same time.
The National Immigration Agency shall issue a residence certificate of Taiwan Area to any person who applies for a residence permit in accordance with Paragraph 1. The validity period of the certificate shall not be longer than three (3) years,from the next day of arrival date in the State.
Before the expiration of the residence period of a national without household registration in the Taiwan Area, the national can apply to the National Immigration Agency for extension of residence if the reasons for residencestill remain unchanged.
The validity period of the residence certificate of Taiwan Area of a person whose application for an extension of residence pursuant to the preceding Paragraph is approved shall be extended to the period of not more than three (3) years from the second of the date of the expiration of residence.
The National Immigration Agency shall revoke the residence permit of a national without household registration in the Taiwan Area if the national’s reasons for residence no longer exist within the period of the residence, save the national who applies for residence pursuant to Subparagraph 1, Paragraph 1 and whose lineal blood relative, a spouse, a sibling, or a spouse's parent is deceased. Such a national can apply for an extension of residence for a period of not more than three (3) years once.
In the event that a national without household registration in the Taiwan Area changes his/her resident adderss or his/her employee during the period of his/her residence, he/she shall apply to the National Immigration Agency for change of registration.
After considering the interest of the State, the National Immigration Agency may draw up annual quota of residence for nationals without household registration in the Taiwan Area on the basis of different nations or regions , and send it to the Executive Yuan for approval and promulgation. However, people who have minor children with household registration in the Taiwan Area or have been married to nationals with household registration in the Taiwan Area for four (4) years shall be excluded from the limit of the quota.
Where a national without household registration in the Taiwan Area overstays for less than ten (10) days after he/she is permitted to enter the State, and the residence application of the national is subject to an annual quota pursuant to the provision of the preceding Paragraph, the permission to allocate a quota to the national shall be granted after a period of one (1) year each time, save the national who falls within any of the circumstances set forth in each Subparagraph, Paragraph 1 of the preceding Article.
Article 10
A national without household registration in the Taiwan Area may apply to the National Immigration Agency for permanent residence if he/she meets one of the following conditions:
1. A person’s spouse and minor children as stated in Subparagraphs 1 to 11 of Paragraph 1 of the preceding Article, must have accumulated at least three hundred and thirty-five (335) days of residence in the State within one (1) year, or have accumulated at least two hundred and seventy (270) days of residence in the State each year within two (2) consecutive years, or have accumulated at least one hundred and eighty-three (183) days of residence in the State each year within five (5) consecutive years, and their original qualifications for residence remain unchanged. Where they reside in the Taiwan Area pursuant to Subparagraph 2, Subparagraph 4 or Subparagraph 8 of Paragraph 1 of the preceding Article, they are exempted from the criterion of satisfying with the certain period and days of residence.
2. Was or is born overseas and as a minor, holds a foreign passport to enter the State, and at the time of his/her birth, his/her parent was a national with household registration in the Taiwan Area.
3. Was or is born overseas, holds the passport of the State to enter the State, and at the time of his/her birth, his/her parent was a national with household registration in the Taiwan Area.
4. Was or is born in the State without birth registration, and entered the State with the passport of the State or a foreign passport after exiting the State, and at the time of his/her birth, his/her parent was a national with household registration in the Taiwan Area.
A person, who has applied for registered household registration in the Taiwan Area pursuant to Subparagraph 1 of the preceding paragraph, shall have been married for three (3) years and over if his/her qualification results from marriage. He/She may not be exempted from the preceding requirement unless his/her children have been born during the marriage.
Where a national without household registration in the Taiwan Area exit the State during the period of residence mentioned in Subparagraph 1, Paragraph 1 because of the assignment or the approval of the government and is provided with approval documents with respect to the assignment or the approval, the period of his/her residence shall not be deemed to be interrupted. The period of staying abroad also shall be excluded from the period of residence in the Taiwan Area.
Where a national without household registration in the Taiwan Area, whose sponsor with household registration in the Taiwan Area is deceased during the period of the national’s residence, or who is divorced from the person with household registration in the Taiwan Area, has resided for a certain period of time in the area and shall execute the rights and obligations for looking after his/her minor children with household registration in the Taiwan Area, he/she can still apply to the National Immigration Agency for registered permanent residence and shall not be restricted by the condition that his/her qualification for residence must remain unchanged, as provided under Subparagraph 1, Paragraph 1.
An application for registered permanent residence in the Taiwan Area shall be made within two (2) years after a person had resided for a certain period of time, save the circumstances set forth in the exceptions under Subparagraph 1, Paragraph 1. The spouse and the minor children of the person shall apply for registered permanent residence in the Taiwan Area together with the him/her or after obtaining the permits for registered permanent residence. When his/her approval of registered permanent residence is revoked or terminated in accordance with Paragraph 3 of Article 11 of this Act, the approval of registered permanent residence of his/her spouse and minor children is also revoked or terminated simultaneously.
Where a national without household registration in the Taiwan Area is permitted to register his/her permanent residence in the Taiwan Area, he/she shall complete household registration within thirty (30) days at a scheduled Household Registration Office. Without registration upon the expiration, the National Immigration Agency may terminate his/her permit of registered permanent residence.
The competent authority shall enact regulations governing the application for entry by a national without household registration in the Taiwan Area, an application procedure for residence or registered permanent residence, required documents, types of certificates to be issued, validity period of certificates and other matters which must be complied with.
Article 11
The National Immigration Agency may deny the application for residence or registered permanent residence submitted by a national without household registration in the Taiwan Area if he or she meets one of the following circumstances:
1. Has been strongly suspected, on the basis of sufficient factual evidence, to endanger national security or social stability.
2. Has been sentenced to imprisonment or more serious penalty.
3. Has entered the State without permission.
4. Has used another person's identity, or has applied with illegally acquired, counterfeited, or tampered documents.
5. Has assisted other people in illegally entering and/or exiting the State or has provided other people with identification documents for the same purpose.
6. Is believed, on the basis of sufficient factual evidence, to have conspired with another person to have a sham marriage.
7. Is relatively connected to the adopter and the adoptee does not reside with the adopter after entering the State.
8. Has failed to pass a medical check for items designated by the central competent health authority. This provision does not apply to a minor.
9. Has engaged in unpermitted activities or employment
10. Has overstayed a visit.
11. Refuses to attend an interview without justifiable reasons after he/she was notified legally.
12. Avoid, obstruct or refuse an investigation executed under Article 70 without justifiable reasons.
13. Other circumstances recognized and promulgated by the competent authorities.
If a person has met any of Subparagraphs 1 to 8 of the preceding Paragraph after the permission for his/her residence, or after the permission for his/her residence, he/she is found out that the information provided by him/her at the time of application is false, the National Immigration Agency shall revoke the permission for his/her residence.
If a person has met any of Subparagraph 4 or Subparagraph 6, Paragraph 1 after the permission for his/her registered permanent residence, or after the permission for his/her registered permanent residence, he/she is found out that the information provided by him/her at the time of application for residence is false, the permission for his/her registered permanent residence shall be revoked or terminated. If the person has completed his/her household registration at a Household Registration Office, the Household Registration Office shall also revoke or terminate his/her registration.
With respect to any person whose residence permit or permanent residence permit is to be revoked or terminated pursuant to the provisions of the preceding two Paragraphs, the person’s residence permit or permanent residence permit shall be revoked or terminated within five (5) years starting from the time or when the National Immigration Agency decides to revoke or terminate his/her said permit; otherwise, his/her said permit shall be revoked or terminated within two (2) years starting from the time when he/she knows that the said permit is to be revoked or terminated. This provision shall not apply to the circumstances set forth in Subparagraph 4 or Subparagraph 6 of Paragraph 1.
The period of the denial pursuant to Subparagraphs 9 and 10 of Paragraph 1 shall be at least one (1) year from the day after his last exit from the State and shall not exceed three (3) years.
Subparagraph 12, Paragraph 1 shall apply mutatis mutandis to the circumstance that people of the Mainland Area, residents of Hong Kong or residents of Macau apply for residence or registered permanent residence in the Taiwan Area.
Article 12
A national without household registration in the Taiwan Area who has entered the State with a foreign passport or stateless travel document shall exit the State with the foreign passport or the stateless travel document and may not apply for residence or registered permanent residence unless he/she meets the requirements of Subparagraph 3, Paragraph 1 of Article 9 or Subparagraph 2 or 4, Paragraph 1 of Article 10.
Article 13
The National Immigration Agency shall revoke the permit of a national without household registration in the Taiwan Area, if during the national’s visits in the State, the national:
1. Has been considered, on the basis of sufficient factual evidence, to endanger national security or social stability
2. Has been sentenced to imprisonment and has completed his/her term of sentence, has been released on parole or pardoned, or have been on probation.
Article 14
The National Immigration Agency shall order a national without household registration in the Taiwan Area to exit the State within a certain time, if permission for his/her visit, residence, or registered permanent residence has been revoked or terminated.
A national without household registration in the Taiwan Area shall exit the State within ten (10) days after receiving the preceding order to exit the State.
The National Immigration Agency shall convene a review committee meeting and provide to a national without household registration in the Taiwan Area whose permission for residence or permission for registered permanent residence is revoked or terminated an opportunity to submit claims, before it orders the national to exit the State.
The competent authorities shall enact regulations with respect to the composition of the review committee meeting mentioned in the preceding Paragraph, requirements and procedures for review .
Article 15
The National Immigration Agency shall deport a national without household registration in the Taiwan Area and restrict his/her reentry if he/she has entered the State without permission or has overstayed his/her visit or period of residence, or has overstepped the deadline of mandatory exit.
When a national without household registration in the Taiwan Area has overstayed for less than thirty (30) days after the period of his/her residence expires but has a valid purpose of residence indicated in the original application, he/she can re-apply for residence at the National Immigration Agency, subject to penalties for violations pursuant to Paragraph 2 of Article 74-1. However, the accumulated period of residence in the Taiwan Area will be deducted by one (1) year when applying for registered permanent residence.
An alien awaiting deportation stated in Paragraph 1 may be temporarily detained by the National Immigration Agency if a deportation order is difficult or unable to enforce. This period shall not exceed fifteen (15) days from the date of temporary detention. Upon exiting, the alien shall have his/her entry permit or other entry permit document terminated and revoked by the National Immigration Agency.
The provisions of the three preceding Paragraphs shall also apply to individuals who have entered the State before this Act was enforced.
The competent authority may enact regulations with respect to the handling methods, procedures, and management of deportation stated in Paragraph 1 and other matters which must be complied with.
The provisions of Paragraphs 3 to 5, Article 36 and Article 38-6 are applicable to the deportation process mentioned in Paragraph 1. The provisions of Articles 38 and 39 are applicable to the temporary, continued, extended and re-extended detention mentioned in Paragraph 3.
Article 16
The competent authority may consider the conditions of specific countries or regions to draw up regulations and approved by the Executive Yuan for a national without household registration in the Taiwan Area who has to reside or register permanent residence in the Taiwan Area because ofthe special circumstances of their overseas residing area may sumbit his/her application in accordance with the regulations the competent authority, without being subjected to the restrictions of the provisions of Articles 9 and 10.
A stateless person or a national without household registration in the Taiwan Area from Thailand, Myanmar, or Indonesia who has entered the State before this Act was enforced and cannot be repatriated shall be permitted to reside in the Taiwan Area by the National Immigration Agency.
A stateless person and a national without household registration in the Taiwan Area from Thailand or Myanmar who have been permitted to enter the State for the purposes of studying or receiving technical training by the Ministry of Education or the Overseas Community Affairs Commission between 21st May 1999 and 31st December 2008 and cannot be repatriated shall be permitted to reside in the Taiwan Area by the National Immigration Agency.
A stateless person from India or Nepal who has entered the Taiwan Area before 29st June 2016 and cannot be repatriated shall be permitted to reside in the Taiwan Area by the National Immigration Agency if his/her status has been identified by the review committee meeting which convened by the central authorities for the Mongolian and Tibetan affairs.
A stateless person who has obtained the nationality of the State or a national without household registration in the Taiwan Area who has been granted residency in the Taiwan Area as specified in the preceding three paragraphs may apply to the National Immigration Agency for registered permanent residence if he/she has continuously resided in the Taiwan Area for three years, or have resided in the Taiwan Area for five years during which the residency in the Taiwan Area shall be over 270 days each year, or have resided in the Taiwan Area for seven years during which the residency in the Taiwan Area shall exceed 183 days each year.
A national without household registration in the Taiwan Area who has exit the State during the residency specified in the preceding paragraph shall not be deemed to have interrupted his/her residency but the period of their absence from the Taiwan Area shall not be calculated as part of his/her residency in the Taiwan Area if his/her overseas trips have been assigned or approved by the government and such assignment or approval can be proved with documents.
Article 17
Where a national without household registration in the Taiwan Area is aged 14 or over and enters the Taiwan Area for a visit or residence, he/she shall always carry him/her passport, permit of visit in the Taiwan Area, the entry permit or other identification documents at any time.
Where the National Immigration Agency or public servants under other laws and orders may request nationals in the Taiwan Area to produce the foresaid certificates while performing official duties. With respect to requirements and a procedure for requests to produce certificates, the provisions of Chapter 2 of the Police Duties Enforcement Act shall apply mutatis mutandis.