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Title: The Enforcement Rules of the Immigration Act CH
Amended Date: 2016-03-18
Category: Ministry of the Interior(內政部)
Chapter 1 General Provisions
Article 1
The Enforcement Rules are enacted in accordance with Article 96 of the Immigration Act (hereinafter referred to as “the Act”)
Article 2
Before the unification of the Republic of China, the address of entering and/or exiting the State, stated in the Act, refers to entering and/or exiting the Taiwan Area.
Article 3
The term “period of residency,” as stated in Subparagraphs 7 and 8 of Article 3 of the Act, refers to a continuous period of a visit or residency.
The term “residency in the Taiwan Area for more than sixmonths,” as stipulated in Subparagraph 8 of Article 3 of the Act, shall excludethe extended stay specified in the proviso of Paragraph 1 of Article 8 of the Act or by other exceptional incidents.
Article 4
The competent authorities shall immediately notify the National Immigration Agency of the Ministry of Interior (hereinafter referred to as the “National Immigration Agency”) to revoke the ban on entry into and/or exit from the State provided that such a ban ceases to be a necessity.
Article 5
The National Immigration Agency shall review all banned entry cases annually, notified by various competent authorities that ban the entry into and exit from the State. The cases that involve unpaid taxes shall not be reviewed unless they have been pending for over five years.
Article 6
Those who already entered the State may authorize others or immigrations service organizations to apply for residence, change of purpose for residence, permanent residency, or residency establishment.
Should applications referred to in the previous paragraph be filed by legal guardian of the applicant, the authorization documents may be exempted.
Article 7
Application materials for residence, change of purpose for residence, permanent residency and residency establishment, submitted with error or incomplete, shall supplement the required documents within fifteen days from the next day upon which the National Immigration Agency delivers the notification in writing. The allowed period of time for supplementary filing is three months for individuals who are requesting foreign documents or is submitting their applications from foreign countries.
Should the required documents fail to be supplemented within the periods provided for in the preceding paragraph, the applications shall be rejected.
Article 8
The annual quota of residence, permanent residency, or residency establishment shall be divided evenly into each month. Applications shall be assigned with numbers in the order they are approved. The monthly quota is then applied according to the sequence of the number for each application. In the case of an application is denied after being counted in the quota, the next number shall fill the quota.
The unused quota of the current month may be allocated to the next month; the monthly quota of the upcoming month shall not be used in advance.
Chapter 2 The Visit, Residence, and Residency Establishment of National without Household Registration in the Taiwan Area
Article 9
The term "special skills and experiences," as stated in Subparagraph 9 of Paragraph 1 of Article 9 of the Act, refers to NT$10,000,000.
Article 10
The term "special skills and experiences," as stated in Subparagraph 9 of Paragraph 1 of Article 9 of the Act, refers to one of the following instances:
1. Possessing professional skills in the emerging industries, key techniques, key components and products;
2. Having outstanding achievements in optical electricity, telecommunications technologies, industrial automation, applied materials, advanced sensing systems, bio-technologies, resource development, or energy conservation, in which the related expertise is urgently needed or cannot be cultivated in a short period of time in the Taiwan Area;
3. Having special achievements in the field of highway, high-speed railway, mass rapid transit system, telecommunications, aviation, navigation, deep-water construction, meteorology, or seismology, in which related expertise is urgently needed or cannot be cultivated in a short period of time in the Taiwan Area;
4. Possessing other special skills and experiences ratified ad hoc by the central authorities in charge of the fields.
Article 11
If nationals without household registration in the Taiwan area(who do not have dual citizenship) are employed to engage in work specified in Paragraph 1 of Article 46 of the Employment Service Act in the Taiwan area and apply for residence in accordance with Subparagraph 11 or 15 of Paragraph 1 of Article 9 of the Act, the National Immigration Agency shall review their applications by applying, mutatis mutandis, provisions of the Employment Service Act pertaining to employment permission for foreigners. A work permit issued by the Ministry of Labor is not required for said application.
Article 12
The National Immigration Agency shall notify all competent central authorities when revoking or rescinding permission for residence, or residency establishment pursuant to Paragraphs 2 and 3 of Article 11 of the Act.
Article 13
If nationals with household registration in the Taiwan area enter the State while posing as others or using a fake or altered passport, they shall complete entry procedures at the National Immigration Agency with the documents listed below after the prosecutor has closed the investigation into the offense. Those who enter the State without inspection shall follow the same procedure until a final verdict is rendered in accordance with Article 84 of the Act:
1. Application form.
2. Bill of indictment, non-prosecutorial disposition, or relevant documentation.
3. Copy of original national identification card and household registration certificate in the Taiwan area.
Nationals with household registration in the Taiwan area referred to in the preceding paragraph will receive a certificate of entry from the National Immigration Agency. For those who completed move-out registration procedures, the National Immigration Agency will notify the Household Registration Office of their original registered residence.
Chapter 3 Alien's Entry and Exit, Visit, Residence, and Permanent Residence
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” considerable property, skill or talent that enables one to be self-sufficient”, as stated in subparagraph 3, paragraph 1, Article 25 of this Act, is stipulated as follows:
1. Anyone applying for permanent residence as the spouse of an ROC national shall present any of the following documents acknowledged by the National Immigration Agency:
(1) Statement of income, taxation, movable or immovable
property in Taiwan;
(2) Statement issued by the employer to certify employment,
or theapplicant’s own statement in writing detailing job
descriptions and incomes;
(3) Certificate issued by the R.O.C. 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 or 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 Taiwan in the previous year
that is more than twice of the Monthly Minimum Wage
promulgated by Ministry of Labor;
(2) Having movable or immovable property in Taiwan with a total
value worth more than NT$5,000,000;
(3) Having a certificate issued by the ROC government that certify
people with specialized professionalism, 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 (having Taiwan citizenship) and 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 (Having Taiwan citizenship):
1. Spouse;
2. Parent(s)-in-laws;
3. Parent(s).
Certificates that certify people with specialized professionalism, 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 (Having Taiwan citizenship):
1. Spouse;
2. Parent(s)-in-laws;
3. Parent(s).
A letter of guarantee to assure the livelihood of the applicant in Taiwan shall be provided by one of the kin specified in the subparagraphs of the preceding paragraph, who has submitted the certificate that certifies people with specialized professionalism, techniques or have passed a technical test as stated in item 3 of subparagraph 2 and item 3 of subparagraph 1 of paragraph 1.
Article 16
The Ministry of Foreign Affairs, embassies and consulates of the Republic of China, representative offices, or other offices (hereinafter referred to as “overseas missions”) shall issue resident visas in accordance with the allotted quota specified in Paragraph 8 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 the Diplomat Certificate or the Certificate for Foreign Entourage 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 the Certificate for Officials in Foreign Organization, Certificate for Officials in International Organization, Certificate for Foreign Entourages in Foreign Organization, and Certificate for Foreign Entourages in International Organization.
Article 18
The National Immigration Agency shall notify relevant competent central authorities when revoking or rescinding the alien residency approval or permanent residency approval pursuant to Paragraph 4 of Article 31, Article 32, and Article 33.
Article 19
During the period of their stay or residency, if aliens engage in tourism, visiting relatives and friends, and other activities that are necessary in daily life and not prohibited by law but not declared on their E/D card or resident visa form, Subparagraph 4 of Paragraph 2 of Article 36 of the Act shall not apply.
Chapter 4 Deportation and Detention
Article 20
Pursuant to Subparagraph 1 of Paragraph 2 of Article 38 of the Act, persons required to regularly report one’s life activities to a specialized operation corps designated by the National Immigration Agency shall report to the designated specialized operation corps at least once every fifteen days.
Pursuant to Subparagraph 3 of Paragraph 2 of Article 38 of the Act, persons required to regularly report to a designated location for a visitation by the National Immigration Agency shall report to the designated location at least once every fifteen days.
Article 21
When the temporary detention disposition of a detainee becomes invalid in accordance with Paragraph 5 of Article 38-2 of the Act, and if the detainee’s forcible deportation disposition is still effective and one of the conditions set forth in Paragraph 1 of Article 38 of the Act are met, the National Immigration Agency may, after considering the reason of the court for releasing the detainee, impose alternatives to detention in accordance with Paragraph 2 of Article 38 of the Act to ensure that forcible deportation of the person can be enforced.
Article 22
Violation of alternatives to detention specified in Paragraph 3 of Article 38, Paragraph 2 of Article 38-7, and Subparagraph 1 of Paragraph 1 of Article 38-8 refers to the subject meeting one of the following conditions:
1. Does not perform his/her obligations specified in the disposition and without obtaining consent from the National Immigration Agency in advance.
2. Evades the enforcement of forcible deportation.
3. Verified as out of contact after being reported by the guarantor in writing or orally.
Article 23
When notifying the embassy or consulate of a detainee’s country of origin in Taiwan, an authorized institution, or designated family member or friend of the detainee pursuant to Article 38-6 of the Act, the National Immigration Agency may give the notification in writing, by phone, fax, e-mail, or other technological devices using the information provided by the detainee, and shall document the notification in the detainee’s record.
Article 24
The National Immigration Agency shall promptly enforce the forcible deportation order, and they should enforce the order directly if temporary detention or alternatives to detention are not necessary.
Chapter 5 Responsibilities of Transport Services Proprietors and Immigration Guidance
Article 25
The term “related expenditures that shall be paid by transport services proprietors,” as stated in Paragraph 2 of Article 50 of the Act, shall include accommodations, living, medical expenses, and fees paid by the competent authorities for attendance.
Article 26
The competent authorities shall collect and compile information concerning the geographical environment, social background, politics, laws, economy, culture, education, manpower demands, and immigration qualifications of the recipient countries or districts, and provide the information for people who intend to immigrate.
The competent authorities may entrust relevant institutions to conduct immigration planning, consultation, seminars, or provide language and technical training to assist potential immigrants adapting to the recipient countries and getting employed successfully.
Article 27
The competent authorities shall collect information concerning foreign warfare, epidemics, the countries or areas that reject our nationals, and timely publish the information for public reference.
Immigration service organizations, shall dissuade nationals who plan to immigrate to the countries or areas under warfare, epidemics erupt, or rejecting our nationals.
Article 28
The term “private organizations,” as stated in Article 53 of the Act, refers to foundations, immigration organizations, or the immigration service organizations established pursuant to the Act.
Private organizations, while conducting mass immigrations, shall first consult with recipient countries. The competent authorities shall coordinate with the Ministry of Foreign Affairs to represent the government to sign mass immigration accords with recipient governments.
The competent authorities may join related departments such as the Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economic Affairs, Ministry of Education, Overseas Chinese Affairs Commission, Executive Yuan's Council of Agriculture, Ministry of Labor, etc., in sending officers to recipient countries or areas to study the feasibility of mass immigrations.
Article 29
The competent authorities based on the principle of reciprocity, through international economic cooperative investments, rewarded overseas investments, agricultural technique cooperation or other measures, may sign mass immigration cooperation with countries or areas that welcome our immigrants, or coordinate with the Ministry of Foreign Affairs to represent the government to sign mass immigration accords with recipient governments.
The competent authorities may entrust related agencies or groups to conduct planning, selection, and training for mass immigrations and provide counseling, assistance, and attendance for immigrants.
Article 30
The term “immigration funds,” as stated in Articles 56, 57, and 79 of the Act, refers to the investment plans, projects or funds designated by recipient countries for person who qualified for residency in the recipient country through investment.
Article 31
The term “immigration service organizations,” as stated in Paragraph 4 of Article 56 of the Act, refers to organizations that conduct immigration affairs and pursuant to the Business Organization Act or the Private Organization Act.
Article 32
The term “remunerations” in Paragraph 2 of Article 58 of the Act refers to the agreed or claimed considerations paid by parties being matched, for brokerage service, reporting matchmaking opportunities, or introducing marriage subject.
Article 33
Business information of marriage agencies referred to in Paragraph 2 of Article 59 of the Act includes the following documents:
1. Staff list: Shall include the names, ID numbers, gender, address, telephone number, title, and dates of employment and designation of staff members.
2. Stubs of receipts for various fees.
3. Account books.
4. Status list of transnational marriage match.
5. Written contract.
6. Other forms of documentation required to be preserved according to the announcement of the National Immigration Agency published in the Government Gazette.
Chapter 6 Supplementary Articles
Article 34
The National Immigration Agency may send a written notice to notify related parties presenting their opinions to the need of verifying facts and evidences.
Article 35
The National Immigration Agency may require related parties or a third party to provide necessary documentation, data, or articles to the need of verifying facts and evidences.
Article 36
The National Immigration Agency may select proper individuals, agencies, or organizations to conduct authentication.
Article 37
In order to understand the fact, the National Immigration Agency may conduct investigations and examinations.
Article 38
If an entry permit, issued by the Act or the Enforcement Rules, is damaged or lost, a replacement or a reissue shall be applied by submitting the following documents; the original permit shall be nullified when a replacement or a reissue is issued:
1. Entry and exit permit application form;
2. Affidavit regarding the damaged or lost document.
Article 39
If a Resident Certificate, Alien Resident Certificate, Alien Permanent Resident Certificate, or Immigration Service Registration Certificate of the Taiwan Area, issued by the Act or the Enforcement Rules, is damaged or lost, a replacement or a reissue shall be valid for a period no longer than the remaining valid period of the original certificate. A replacement or a reissue shall be applied by submitting the following documents:
1. Residency or immigration service registration application form;
2. Documents proving that the application is qualified; and
3. Affidavit regarding the damaged or lost certificate.
Article 40
Individuals, legal representatives, or interested parties may apply for certificates relevant to their entry and exit from the National Immigration Agency.
Article 41
If the required documents are made in foreign countries, they shall be certified by the overseas embassies; if the required documents are made by foreign missions or authorized institutions in the Republic of China, they shall be certified by the Ministry of Foreign Affairs.
If documents referred from the previous paragraph are written in a foreign language, the National Immigration Agency shall request the applicants to attach a Chinese translation certified by overseas embassies or accredited by a domestic notary public; if the applicant does not attach the said documents within the given date, the application will be rejected.
If the documents referred to in Paragraph 1 include police records, they shall be authenticated by the embassy or consulate of the issuing country or an authorized institution in the Republic of China.
Article 42
Photos used in applications for entry, exit, and immigration cases shall comply with the format of the national identification card.
Article 43
These Enforcement Rules shall take effect on the date of promulgation.
Web site:Laws & Regulations Database of The Republic of China