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Chapter Law Content

Chapter 3 Entry and Exit, Visit, Residence, and Permanent Residence of Aliens
Article 14
Continuous legal residence and legal residence refer to the period of residence completed by the holder of the Alien Resident Certificate, as stated in Paragraph 1 of Article 25 of the Act. The period of residence, completed before the Act goes into effect, may be included in applications for permanent residence.
Article 15
The term “considerable property, skills or talents to support the cost of living,” as stated in subparagraph 3, paragraph 1, Article 25 of the Act, is stipulated as follows:
1. Anyone applying for permanent residence as the spouse of an R.O.C. (Taiwan) national shall present any of the following documents acknowledged by the National Immigration Agency:
(1) Statement of income, taxation, movable or immovable property in R.O.C. (Taiwan);
(2) Statement issued by the employer to certify employment, or the applicant’s own statement in writing detailing job descriptions and incomes;
(3) Certificate issued by the R.O.C. (Taiwan) government certifying that its holder is a professional or technician or has passed a technical test;
(4) Other document that is sufficient to prove that the applicant is capable of supporting himself/herself or making a living.
2. Anyone applying for permanent residence with circumstances other than the one stated in the preceding subparagraph shall meet one of the following conditions:
(1) Having an average monthly income in R.O.C. (Taiwan) in the previous year that is more than twice of the monthly minimum wage promulgated by the Ministry of Labor;
(2) Having movable or immovable property in R.O.C. (Taiwan) with a total value worth more than NT$5,000,000;
(3)Having a certificate issued by the R.O.C. (Taiwan) government that certify people with specialized professional skills, techniques or have passed a technical test.
(4) Other condition(s) recognized by the National Immigration Agency.
Documents stated in items 1, 2 and 4 of subparagraph 1 of the preceding paragraph shall be submitted by the applicant and the following kin with household registration in Taiwan who are not receiving a living allowance:
1. Spouse;
2. Parent(s)-in-laws;
3. Parent(s).
The amount set in items 1 and 2 of subparagraph 2 of paragraph 1 shall include the income or property of the applicant and the following kin with household registration in Taiwan:
1. Spouse;
2. Parent(s)-in-laws;
3. Parent(s).
Certificates that certify people with specialized professional skills, techniques or have passed a technical test as stated in item 3 of subparagraph 2 and item 3 of subparagraph 1 of paragraph 1 shall be submitted by the applicant and the following kin with household registration in Taiwan:
1. Spouse;
2. Parent(s)-in-laws;
3. Parent(s).
If a certificate of specialized occupation and technical personnel or skills specified in item 3 of subparagraph 2 and item 3 of subparagraph 1 of paragraph 1 is submitted by one of the petitioner specified in the preceding paragraph, the petitioner shall also submit a guarantee to assure the livelihood of the applicant in R.O.C. (Taiwan).
Aliens who have been granted permits for residence according to Subparagraphs 9 or 10, Paragraph 1, Article 23 of the Act, or permits for continually reside according to Subparagraphs 1 to 4, Paragraph 4, Article 31 of the Act, shall apply mutatis mutandis to the proviso prescribed in Subparagraph 3, Paragraph 1, Article 25.
Article 16
The Ministry of Foreign Affairs, embassies and consulates of R.O.C. (Taiwan), representative offices, or other offices (hereinafter referred to as “overseas missions”) shall issue resident visas in accordance with the allotted quota specified in Paragraph 9 of Article 25 of the Act.
Article 17
The term “diplomats who are posted in the State, their dependents and entourages” as stated in Subparagraph 1 of Paragraph 1 of Article 27 of the Act refers to those who obtained diplomatic ID cards or the ID cards for private servants of the heads of diplomatic/foreign missions from the Ministry of Foreign Affairs.
The term “officials who perform the official duties of a foreign or international organization set up in the State, their dependents and entourages” as stated in Subparagraph 2 of Paragraph 1 of Article 27 of the Act refers to those who obtain ID cards for officials of foreign missions, ID cards for officials of international organizations, and ID cards for private servants of the heads of foreign missions/ international organizations from the Ministry of Foreign Affairs.
Article 18
The National Immigration Agency shall notify relevant competent central authorities when revoking or terminating the alien residence permit or permanent residence permit pursuant to Paragraph 4 of Article 31, Article 32, and Article 33.
Article 18-1
The term “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” as prescribed in Paragraph 4, Article 33 of the Act refers to aliens whose permanent residence duration is over five (5) years but has not resided for one hundred and eighty-three (183) days for each year on an average basis in the latest past five (5) years; the annual calculation starts from January 1st of the year after the alien’s permanent residence certificate was issued.
The period of staying abroad specified in the proviso of Paragraph 4, Article 33 of the Act shall be limited to a maximum of two (2) years each time.
Article 19
During the period of their stay or residence, if aliens engage in tourism, visiting relatives/friends, and other activities that are necessary in daily lives and not prohibited by laws but not declared on their E/D cards or visa application forms, Subparagraph 4 of Paragraph 2 of Article 36 of the Act shall not apply.