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Title: Immigration Act CH
Category: Ministry of the Interior(內政部)
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.