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Chapter Law Content

Chapter 2 Organizations that provide Immigration Services
Section 1 Companies Applying to Engage in The Business of Immigration Services.
Article 4
According to Subparagraph 1, Paragraph 1, Article 57 of the Act, a company applying for a license to operate as an immigration agent must have a paid-in capital of a specific designated amount, defined as follows:
1.For those operating businesses under Subparagraph 1, Subparagraph 2, or Subparagraph 4 of Paragraph 1 of Article 56 of the Act, the amount required is NT$4,000,000.
2.For those operating businesses under Subparagraph 3, Paragraph 1 of Article 56 of the Act, the amount required is NT$6,000,000.
3.For those who simultaneously operate businesses stipulated in both of the preceding two Subparagraphs, the amount required is NT$6,000,000.
Article 5
In accordance with Subparagraph 2, Paragraph 1, Article 57 of the Act, when a company applies for a license to operate as an immigration agent, it must employ full-time professionals who have passed the training and examination to become qualified Immigration Specialists and have been certified as such by the National Immigration Agency, the Ministry of the Interior (hereinafter referred to as “the NIA”).The Immigration Specialist also must be full-time employees of the immigration service organization.
Article 6
In accordance with Subparagraph 3, Paragraph 1, Article 57 of the Act, a company applying for a license to operate as an immigration agent must deposit the following amount of security bond with a financial institution:
(1)For those operating businesses under Subparagraph 1, Subparagraph 2, or Subparagraph 4 of Paragraph 1 of Article 56 of the Act, the amount required is NT$1,500,000.
(2)For those operating businesses under Subparagraph 3, Paragraph 1 of Article 56 of the Act, the amount required is NT$2,500,000.
(3)For those who simultaneously operate businesses stipulated in both of the preceding two subparagraphs, the amount required is NT$2,500,000.
Article 7
The security bond in the preceding Article must be deposited by the company applying for the immigration business, in its own name, into a financial organization as a time deposit and pledged to the NIA for the purpose of indemnity in the event of disputes arising out of the immigration services entrusted to it as an immigration agent.
Article 8
A company applying for a license to operate as an immigration agent must submit the following documents to the NIA:
1.An application form to conduct business operations;
2.A list of promoters or company registration documents;
3.A photocopy of the Application for Company Name and Business Scope Reservation;
4.A document proving the amount of capital. If the company is already registered, this document is exempted.;
5.A register of at least three full-time immigration specialists including photocopies of their qualification documents.;
6.A photocopy of the certificate of deposit;
7.Notice on the creation of the pledge;
8.Other documents designated by the NIA.
Article 9
If a company applies for a license to operate as an immigration agent, its person in charge must not fall under any of the following circumstances as described below. If the company has already obtained its license, the NIA must order it to replace its person in charge within a specified deadline. If the company does not replace the person in charge by the deadline, the NIA will revoke the business license:
1.The person has committed the crime of human trafficking and has been convicted by a court. However, if the person's acquittal is confirmed by a reversal of the judgment, this restriction will not apply.
2.The person has committed fraud, breach of trust, or embezzlement and has been sentenced to a term of imprisonment of one year or more and the sentence has been confirmed; if the person has not yet begun to serve the sentence, or if the sentence has not been served, or if two years have not passed since the completion of its execution, or since the completion of the probationary period, or since a pardon has been granted;
3.The person has been declared bankrupt and has not yet been reinstated, or if the person was a director, supervisor, or manager of a legal entity that was declared bankrupt and its bankruptcy has been terminated for less than three years, or if the reconciliation has not yet been fulfilled;
4.The use of notes has been refused and the period of refusal has not yet expired.
If a company applies for a license to operate as an immigration agent, the specialists it employs must not have committed the crime of human trafficking and have been convicted by a court of law. However, if the specialist's acquittal is confirmed by a reversal of the judgment, this restriction will not apply.
Article 10
If a company applies for a license in accordance with Article 8 of these Regulations, the NIA will issue a business license.
The company, as mentioned in the preceding paragraph, must, within 60 days after obtaining the business license, complete the registration of the company or the registration of the change of business items with the competent authority in charge of company registration in accordance with applicable laws and regulations, and submit the following documents to the NIA for the creation of the pledge. If the company fails to comply with the requirements, the NIA will revoke its business license:
1.The original copy of the certificate Of deposit in the name of the company;
2.A notice of pledge creation in the name of the company;
3.A reply from the bank agreeing to the creation of the pledge.
Article 11
A company applying to act as an immigration agent that has obtained a business license, completed company registration or business item change registration, and created a pledge in accordance with the provisions of the preceding Article 10 must, within 15 days, submit the following documents to the NIA to apply for a certificate of registration:
1.An application for a certificate of
registration.
2.Proof of company registration.
3. Articles of Incorporation.
The NIA will revoke the business license of a company that has not applied for a registration certificate in accordance with the preceding paragraph. However, if there is a valid reason, the company may apply for an extension of 30 days, and the extension will be limited to one time.
Article 12
If a company that provides immigration services intends to set up a branch office, it must submit the following documents to the NIA for future reference after completing the registration of the branch office in accordance with applicable laws and regulations:
1.Minutes of the board of directors' meeting or shareholders' approval letter;
2.Proof of branch office registration.
Article 13
The regulations governing the approval of companies providing immigration services will, mutatis mutandis, apply to the approval of the establishment of branch offices in the R.O.C. by foreign immigration service organizations.
Article 14
The training and testing of immigration specialists as stipulated in Article 5 may be con-ducted by the NIA on its own or entrusted to relevant institutions, organizations, or schools.
Article 15
A person who is 18 years of age or older may participate in the training to become an immigration specialist. The training must last for at least forty hours.
The contents of the training are as follows:
1.Introduction to immigration policies, the Immigration Act, and related regulations.
2.Outline of civil laws, consumer protection laws, fair trade laws, and other related regulations.
3.Standardized contracts for immigration services.
4.Immigration requirements, application procedures, and related regulations of major destination countries.
5.Immigration funds and investment programs in major immigrant countries.
6.Other courses related to immigration issues.
Article 16
The instructors appointed by the institutions (organizations), groups, and schools that handle the training of immigration professionals must meet one of the following qualifications:
1. Having graduated from a college or university and having more than three years of working experience in the immigration business.
2. Teaching and research in academic institutions or organizations related to immigration business.
3. Having worked or currently working in an immigration service organization or immigration-related institution with Junior-Rank position or above.
Article 17
Participants in the training of immigration specialists must pay the training fee. Those who are unable to participate for any reason may apply for a refund of the training fee in accordance with the following provisions:
1. If the applicant applies for a refund between the date of enrollment and the day before the course begins,70% of the training fee will be refunded.
2. After the course has begun, if the applicant applies for a refund before one-third of the course hours have been taught, 50% of the training fee will be refunded.
3. After the course has started, if one-third of the class hours have been taught, no refund will be granted.
Article 18
Those who have participated in the training of immigration specialties for less than four-fifths of the total training hours will not be allowed to take the test.
A passing grade is defined as a total score of 70% or more. The results of the test will be issued by the institution (organization), group, or school that administers the test.
Those who have passed the test may then submit an application and the score report to the NIA for the issuance of a Certificate of Qualification for Immigration Specialists.
Section 2 Law Firms Providing Immigration Services
Article 19
If an attorney intends to provide immigration services in accordance with the proviso of Paragraph 1, Article 55 of the Act, then the presiding attorney or the attorney in charge of the operation and management of the law firm in which the attorney works must submit the following documents to the NIA to apply for a registration certificate before the attorney can provide the practice:
1. An application for the registration certificate.
2. Proof of Registration of Law Firm issued by the Taiwan Bar Association.
3. For sole-proprietorship, co-location, or partnership attorneys or law firms, a photocopy of the Attorney's Certificate of the presiding attorney or the attorney in charge of operation and management, and a photocopy of the certificate of membership in a local bar association.
The attorney referred to in the preceding paragraph as the presiding attorney or the attorney in charge of the operation and management is as follows:
1.In the case of a sole-proprietorship's attorney or law firm, it means the sole-proprietorship attorney.
2.In the case of a co-location attorney or law firm, it means the co-location attorney who is applying for immigration practice and services.
3.In the case of a law partnership or law firm, it means the partner who applies for the immigration practice and services.
A foreign legal affairs attorney who provides immigration services in accordance with the proviso of Article 55, Paragraph 1 of the Act will be limited to handling the business of residence, settlement, permanent residence, or naturalization of persons from Taiwan to the country in which the attorney has obtained a license to practice.
Article 20
An attorney who provides immigration services in accordance with the proviso of Paragraph 1 of Article 55 of the Act must, if the law firm establishes a branch office, attach the following documents after registering the establishment of the branch office in accordance with the laws, and report them to the NIA for future reference:
1. Proof of establishment of the branch office.
2. A photocopy of the resident Attorney's Certificate and proof of membership in the local bar association.