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Chapter Law Content

Title: Immigration Act CH
Category: Ministry of the Interior(內政部)
Chapter 5 Alien Visits, Residence, and Permanent Residence
Article 22
An alien who possesses a valid passport with a valid visa, a valid passport without a visa, or a valid travel document, is permitted to enter the State to have a visit or reside in the State after having been inspected by the National Immigration Agency.
An alien who acquires permission to reside in the State pursuant to the preceding Paragraph shall apply to the National Immigration Agency for an Alien Resident Certificate within thirty (30) days, from the next day of the arrival date in the State, save any person who applies for and obtains a valid 4-in-1 certificate consisting of a work permit, a resident visa, an Alien Resident Certificate and a reentry permit or any other certificate with an equivalent function of an Alien Resident Certificate.
The validity period of an Alien Resident Certificate shall not be longer than three (3) years starting from the next day of the date of the alien’s acquisition of the permission to reside.
Article 23
Where an alien who possess a valid visa for a visit for the period of sixty (60) days or up without any annotation of a restriction on extension of the visit or other restrictions by the visa issuing authority meets one of the following circumstances, he/she can apply to the National Immigration Agency for residence. After the Agency permits the application, an Alien Resident Certificate shall be issued to the alien:
1. A alien’s spouse is a national with household registration in the Taiwan Area or or permitted to reside in the area, or an alien permitted to reside or permanently reside in the area, or a resident of Hong Kong or Macau permitted to reside in the area. However, if the alien’s spouse is permitted to reside in the Taiwan area pursuant to Subparagraph 9 or 10 or permitted by the central competent authority for labor affairs to engage in work set forth in Subparagraphs 8 to 10, Paragraph 1 of Article 46 of the Employment & Service Act, the/she cannot apply for an Alien Resident Certificate.
2. An alien is under the age of eighteen (18) and any of his/her lineal ascendant is a national of the State with household registration in the Taiwan Area or permitted to reside in the area, or an alien permitted to reside or permanently reside in the area, or a resident of Hong Kong or Macau permitted to reside in the area. Where the family relationship results from adoption, the adoptee and the adopter shall reside together in the Taiwan Area. However, if his/her lineal ascendant is permitted to reside in the Taiwan area pursuant to Subparagraph 9 or 10 or permitted by the central competent authority for labor affairs to engage in work set forth in Subparagraphs 8 to 10, Paragraph 1 of Article 46 of the Employment & Service Act, the alien cannot apply for an Alien Resident Certificate.
3. A spouse, a minor child under the age of eighteen (18), or a child is aged eighteen (18) or over but unable to support himself/herself due to physical or mental disability of a person of the Mainland Area who currently engages in one of the following activities in the Taiwan Area: investment business management with investment being implemented, transnational enterprise’s internal rotation service, academic scientific and technological research, or long-term industrial scientific and technological research.
4. 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 professional work pursuant to Item 4 or 5, Subparagraph 4 of Article 4, Article 8 or Article 10 of the Act for the Recruitment and Employment of Foreign Professionals or has obtained a work permit pursuant to Paragraph 1 of Article 15 of the same Act.
5. An investor or a representative of a foreign investor who has made an investment more than a certain amount of capital in the Taiwan Areahas been approved or filed for future reference by the central authorities for investment.
6. A responsible person of a foreign company recognized under the Company Act and is locatedin the State.
7. He/ She is granted residence or permanent residence pursuant to the three preceding Subparagraphs and whose child is aged of eighteen (18) or over but unable to support himself/herself due to physical or mental disability
8. An overseas compatriot student who is approved of studying in the State by the competent authority for overseas compatriots affairs and is distributed by each level of competent educational administration authority.
9. Where his/her spouse was a national with household registration in the Taiwan Area when deceased, he/she factually fostered, exercised rights and assumed obligations for, or met and communicated with minor children with household registration in the Taiwan Area; or
10. He/She was a spouse of a national with household registration in the Taiwan Area, had been legally resided in the State, and factually fostered, exercised rights and assumed obligations for, or met and communicated with minor children with household registration in the Taiwan Area.
Where an alien enters the State with a visa-exempt or a visitor visa and meets Subparagraph 4 of the preceding Paragraph, he/she may apply to the National Immigration Agency for residence and obtain an Alien Resident Certificate upon approval.
Where an alien is granted residence by the National Immigration Agency pursuant to the preceding Paragraph or by entering the State with a resident visa and meets Subparagraph 4, Paragraph 1, the alien’s spouse, any of the alien’s minor childrenunder the age of eighteen (18), or any of the alien’s childrenis age eighteen (18) or over but unable to support himself/herself due to physical or mental disability, he/she enters the State with a visa-exempt or a visitor visa, may apply to the National Immigration Agency for residence and obtain an Alien Resident Certificate upon approval.
Where the reason in an alien’s application for residence is the same as the purpose of his/her visitor visa when entering the State and the alien meets any of the following circumstances, he/she may apply to the National Immigration Agency for residence and obtain an Alien Resident Certificate upon approval:
1. As 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 which consists of the aforementioned authority and universities; or
2. As a student admitted to a school in the State permitted to recruit foreign students by each level of the competent educational administration authority.
3. As a student who has studied for four (4) months and has continued to be enrolled for three (3) months or up at a Chinese teaching institute affiliated with a university or college accredited by the Ministry of Education.
Article 23-1
Where an alien possesses an Alien Resident Certificate and meets any of the following circumstances due to the change or termination of the resident purpose previously occurred, he/she may apply to the National Immigration Agency for modification of reasons for residence:
1. The alien meets any of the circumstances mentioned in the Subparagraphs of Paragraph 1 of the preceding Article. If the alien, however, falls under the exceptions provided under Subparagraph 1 or 2, Paragraph 1 of the preceding Article, he/she shall not apply.
2. The alien is aged eighteen (18) or over and was previously granted residence pursuant to Subparagraph 2 or 3, Paragraph 1 of the preceding Article as studying at a school permitted to recruit foreign students by each level of the competent educational administration authority or as an overseas compatriot student studying in the State.
3. An alien was previously granted residence pursuant to Subparagraph 3, Paragraph 4 of the preceding Article as a student admitted to study in the State by a school permitted to recruit foreign students by each level of the competent educational administration authority.
The National Immigration Agency should, upon the approval of the application for status change pursuant to the preceding Paragraph, issue a new Alien Resident Certicificate bearing the length of residence.
Article 24
The National Immigration Agency may deny an alien’s application for residence or the alien’s application for change of reasons for residence if the alien meets one of the following circumstances; if previously granted, the approval may be revoked or terminated with the callcellation of his/ her Alien Resident Certificate:
1. Is believed to endanger national interests, public safety or public order.
2. Is believed to engage in terrorist activities.
3. Has had a criminal record, or has been denied entry, ordered to leave within a certain time, or deported from the State.
4. Has ever been entering the State illegally.
5. Applied by a false identity or a document illegally acquired, counterfeited, or tampered, or with misrepresented content.
6. Has assisted other people to illegally enter and/or exit the State or has provided other people with identification documents for the same purpose.
7. Is believed, on the basis of sufficient factual evidence, to have conspired with another person to have asham marriage or a false adoption.
8. Is believed, on the basis of sufficient factual evidence, to not live with the dependent relative without justifiable reasons, or to not conform to the statements or evidence in connection with the authenticity of marriage.
9. Has failed to pass a medical check for items designated by the central competent health authority.
10. Holds an invalid passport or his/her identification is not recognized or accepted by the State.
11. Has overstayed a visit or the period of residence.
12. Has been involved in unpermitted activities or employment.
13. Endangers the good customs of the State.
14. Refuses to attend an interview without justifiable reasons after he/she was notified legally.
15. Avoid, obstruct or refuse an investigation executed under Article 70 without justifiable reasons.
16. Has registered his/her household registration in the Taiwan Area and not completed his/her move-out registration, or reaching the age or near the ageof conscription and and either the former or latter has not performed compulsory military services for a prescribed time interval during the period between January 1 in the second year of the yearaged fifteen (15) and December 31 in the year of aged thirty-six (36).
17. Other circumstances recognized and promulgated by the competent authorities.
If a foreign government prohibits nationals of the State from entering pursuant to reasons other than those reasons set forth in the each Subparagraph of the preceding Paragraph, the National Immigration Agency can apply the same reasons to prohibit that country's nationals from entering the State after reporting the prohibition to the competent authority and consulting with the Ministry of Foreign Affairs of such prohibition.
The period of entry ban under Subparagraph 11 and Subparagraph 12 of Paragraph 1 shall be one (1) year or up and shall not be more than seven (7) years from the days following the day of an alien’s departure from the State.
Article 25
An alien, who has legally and continuously resided in the State for consecutive five (5) years and for one hundred and eighty-three (183) days or up each year, or the alien spouse and/or children of a national with household registration in the Taiwan Area who have legally resided in the State for ten (10) years, during which period they have actually resided in the State for one hundred and eighty-three (183) days or up each year for five (5) years, may apply to the National Immigration Agency for permanent residence if they meet the following requirements. The foresaid periods shall not include the period of staying (residing) in the State by any of those aliens whose residence in the Taiwan Area is permitted due to studies, residence permitted pursuant to Subparagraph 3, Paragraph 1 of Article 23, Subparagraph 1 or 2 of Article 26 or Subparagraphs 5 to 8, Paragraph 4 of Article 31, or employment in the Taiwan Area as approved by the central authority for labor affairs or the competent authority of the industry concerned pursuant to Subparagraphs 8 to 10, Paragraph 1 of Article 46 of the Employment & Service Act, and their dependent relatives who are granted residence.
1. Is aged eighteen (18) or over.
2. Has good conduct and no criminal record as presented in the Police Criminal Record Certificate.
3. Has considerable property, skills or talents to support the cost of living The rule does not apply to him/her whose spouse is a national with household registration in the Taiwan Area.
4. Has met the national interests of the State.
An alien who had been legally in the status of residence in the State for twenty (20) years or up before May 31, 2002 during which period he/she had resided in the State for one hundred and eighty-three (183) days or up each year for ten (10) years, and has met the requirements as specified in Subparagraphs 1 to 4 of the preceding Paragraph can apply to the National Immigration Agency for permanent residence.
An alien who has not satisfied the requirements as specified in the first Paragraph but has met one of the following conditions can also apply to the National Immigration Agency for permanent residence:
1. Having made distinguished contributions to the State.
2. Is a senior professional as needed by the State.
3. Has participated in races, contests and assessments in the fields of culture, art, technology, sports and industry, which are acknowledged internationally and has won the first prizes.
An alien shall apply to the National Immigration Agency for investment immigration in the State. After the Agency reviews and permits their applications and the aliendo invest(implement the investment), it shall consent to their permanent residence.
For an applicant in the two preceding Paragraphs, his/her spouse, any of his/her minor children under the age of eighteen (18), or any of his/her children is aged eighteen (18) or over but unable to support himself/herself due to physical or mental disability may apply together with the applicant, or may apply after the approval of the applicant’s application for permanent residence, not subject to the restrictions set forth in Subparagraphs 1 and 3 of Paragraph 1. When the applicant’s approval of permanent residence is revoked or terminated in accordance with Subparagraphs 1 to 3 or Subparagraph 8 of Article 33, the approval of permanent residence of the persons applied together with the applicant is also revoked or terminated at the same time.
An alien who has the nationality of the State simultantously is ineligible to apply for permanent residence.
Where an alien applies for alien permanent residence in accordance with Paragraph 1 or Paragraph 2 and refuses to attend an interview without justifiable reasons after they were legally notified to attend, the National Immigration Agency may deny the applications.
The National Immigration Agency shall issue an Alien Permanent ResidentCertificates to an alien upon granting the status of a permanent resident.
The competent authority may draw up annual quota of residence or permanent resident applied by aliens on the basis of different nations or regionss after considering national interests and is approved by the Executive Yuan. However, an alien who invests, is employed, studies in the Taiwan Area, or is a spouse or a minor child under the age of eighteen (18) of a national with household registration in the Taiwan Area who is granted residence as a dependent relative, shall be exempted from the limit of the quota.
An application for permanent residence pursuant to Paragraph 1 or Paragraph 2 shall be made within two (2) years after the period of stay and residence expires.
Where aliens meet the circumstance set forth in Subparagraph 9, Paragraph 1 of Article 23, they may, during the period of legal residence in the State, apply to Nation Immigration Agency for permanent residence, not subject to the requirements with respect to the period of legal residence in the State stated in Paragraph 1.
The competent authority shall enact standards with respect to the determination and procedures of good conduct stated in Subparagraph 2, Paragraph 1 and other relevant matters.
Article 26
A person shall apply to the National Immigration Agency for residence within thirty (30) days starting from the next day after the date of the occurrence of one of the following circumstances. The Agency shall issue an Alien Resident Certificate to the person upon the approval of the application.
1. Has lost the nationality of the State and has not yet acquired a foreign nationality.
2. Has lost his/her original nationality while having not yet acquired the nationality of the State.
3. Is born as an alien in the State. At his/her birth, his/her father or mother hold or held an Alien Resident Certificate, or an Alien Permanent Resident Certificate.
4. Has been granted by the Ministsry of Foreign Affairs on ad hoc basis to switch to a resident visa on diplomatic concerns
Article 27
The following aliens are exempted from applying for Alien Resident Certificates for their residence in the State:
1. Diplomats who are posted in the State, their dependents and entourages.
2. Officials who perform the official duties of a foreign or international organization set up in the State, their dependents and entourages.
3. Aliens who have been granted a Courtesy Visa on an ad hoc basis by the Ministry of Foreign Affairs.
The Ministry of Foreign Affairs may provide the National Immigration Agency with a list of the names of the aliens stated in the preceding Paragraph.
Article 28
An alien, who is aged of fourteen (14) or over, and has entered the State for a visit, residence or permanent residence, shall always carry his/her passport, Alien Resident Certificate, or Alien Permanent Resident Certificate.
The National Immigration Agency or public servants under other laws and orders can reuqest aliens to produce the documents stated in the preceding Paragraph while performing official duties. With respect to the requirements and procedures of perform the above-mentioned duties, the provisions of Chapter 2 of the Police Duties Enforcement Act shall apply mutatis mutandis.
Article 29
An alien who visits or resides in the State shall not engage in unpermitted activities. The acts of filing petitions or imitating lawful assembly and procession by an alien who resides legally shall not be subject to the foresaid restriction.
No one shall facilitate, aiding or abetting any aliens engage in the activities stated in the main texts of the preceding Paragraph.
Article 30
When there are exceptional circumstances in the State, the National Immigration Agency may restrict aliens' residence locations, activities, or inform them of the rules they have to comply with in order to maintain public order or vital interests.
Article 31
An alien shall apply to the National Immigration Agency for an extension before his/her visit or residence expires if he/she has to continue his/her visits or residence in the State.
The validity period of the Alien Resident Certificate of the above-mentioned extension of residence in the preceding Paragraph shall be extended from the next day of the expiry date of the original residenceand shall not be longer than three (3) years.
Where an alien has overstayed for less than thirty (30) days after the period of his/her residence expires and the purpose of residence remain unchanged, he/she can re-apply to the National Immigration Agency for residence after paying a fine pursuant to Paragraph 2 of Article 74-1. Where the alien applies for permanent residence, one (1) year shall be deducted from the period of residence in the Taiwan Area.
The National Immigration Agency shall revoke the residence permit of an alien and terminate the Alien Resident Certificate if his/her resident reasons for residence is no longer exist within the period of the residence. Where an alien meets one of the following circumstances, however, he/she may be permitted to reside continually:
1. His/Her sponsor is deceased.
2. Is a spouse of a national with household registration in the Taiwan Area and is divorced due to domestic violence and has not remarried.
3. Factually fosters, exercises rights and assumes obligations for, or meets and communicates with minor children with household registration in the Taiwan Area after his/her divorce.
4. Is deported from the State due to the revocation of his/her residence permit and is believed to have caused severe and irrecoverable hardship to his/herminor children with household registration in the Taiwan Area.
5. Has a labor dispute with the domestic employer and the lawsuit procedure is in the process.
6. Suffers from occupational injury and is still under treatment.
7. Is a victim or a witness involved in a criminal case and necessary to render assistance in the investigations or the trial if attending at the court or being deposed as determined by the prosecutor or the judge.
8. Is prohibited from exiting the State pursuant to Paragraph 1 of Article 21.
9. Obtains the residence permit through his/her spouse, who is a national of the State, as a sponoser and remarries the original sponoser within thirty (30) days after his/her divorce.
One who is permitted to reside continually pursuant to Subparagraph 3 or 4 of the preceding Paragraph may be permitted to reside continually after his/her minor children become adults.
In the event that an alien changes his/her resident address or his/her place of employment during the period of his/her residence, he/she shall apply to the National Immigration Agency for registering the change within thirty (30) days, calculating from the next day of the occurrence of the event.
Article 32
The National Immigration Agency shall revoke or terminate a person’s residence permit and cancel his/her Alien Resident Certificate if he/she meets one of the following circumstances:
1. Has submitted false information for his/her application.
2. Has held illegally acquired, counterfeited, or fraudulent documents .
3. Has been sentenced to imprisonment for one (1) year or more by a judicial authority. The rule does not apply to the person who committed the crime due to his/her negligence or who is on probation order.
4. Has restored the nationality of the State.
5. Has acquired the nationality of the State.
6. Has had the nationality of the State and has entered, exited, stayed or resided permanently as a national of the State.
7. Has acquired an Alien Permanent Resident Certificate.
8. Has been deported from the State.
Article 33
The National Immigration Agency shall revoke or terminate a person’s permanent residence permit and cancel his/her Alien Permanent Resident Certificate if he/she meets one of the following circumstances:
1. Has submitted false or untruthful information for his/her application.
2. Has held illegally acquired, counterfeited, or fraudulent documents.
3. Has been sentenced to imprisonment for one (1) year or more by a judicial authority. The rule does not apply to the person who committed the crime negligently or is on probation order.
4. Has not resided for one hundred and eighty-three (183) days for each year on an average basis in the past five (5) years during his/her permanent residence in the State. The person shall be exempted if he/she has the approval of the National Immigration Agency to study abroad, seek medical treatment, or for other exceptional reasons.
5. Has restored the nationality of the State.
6. Has acquired the nationality of the State.
7. Has had the nationality of the Statesimultaneously.
8. Has been deported from the State.
Article 34
An alien shall apply for a reentry permit from the National Immigration Agency in advance if they have to exit prior to reentering the State during their residence. The alien who has acquired permanent residence permits shall re-enter the State by his/her Alien Permanent Residence Certificate and shall be exempted from the foresaid requirement.
Article 35
The competent authority shall enact regulations that govern a procedure for applying for alien visits, residence, and permanent residence in the State, required documents , qualifications, types of certificates to be issued, validity periods of certificates, investment products, management and operations of funds and other matters which must be complied with.