Regulations Governing Visiting, Residency, and Pe
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1. Entire Regulations with 19
Articles enacted and promulgated by Decree Tai-Nei-Yi-Tzu No.8981105 of
the Ministry of the Interior on February 1, 2000 and set to be
effective on the same date
2. Article 12 amended and
promulgated by Decree Tai-Nei-Ching-Tzu No.0910004233 of the Ministry
of the Interior on July 15, 2002
3. Entire Regulations with 25
Articles amended and promulgated by Decree Tai-Nei-Yi-Tzu No.0971027546
of the Ministry of the Interior on August 1, 2008 and set to be
effective on a date determined by the Ministry of the Interior
Promulgated and set to be effective on August 1, 2008 by Decree
Tai-Nei-Yi-Tzu No.0971035715 of the Ministry of the Interior on August
1, 2008
4.
Articles 6, 12, and 17 amended and promulgated by Decree Tai-Nei-Yi-Tzu
No.0980959392 of the Ministry of the Interior on February 27, 2009 and
set to be effective on February 27, 2009
5.Article
13 and 14 of the Act were repealed and Article 6, 11, 12, 19 and 22
were amended, and were promulgated by the Decree of Ministry of the
Interior Tai-Nei-Yi-Tzu No. 1010933919 and set to be effective on
October 25, 2012.
6.
Articles20 amended and promulgated by Decree Tai-Nei-Yi-Tzu
No.1020957418 of the Ministry of the Interior on October 4, 2013 and
set to be effective on October 4, 2013
Article 1
This
Regulations is enacted in accordance with Article 35 of the Immigration
Act (hereinafter referred to as “the Act”).
Article 2
The
period of stay for an alien entering the country with a visitor visa,
or a visa-waiver, starts from the day following entry; an alien shall
leave the country before the expiration of the duration of stay.
Article 3
Aliens
applying for an extension of stay pursuant to paragraph1, Article 31 of
the Act, shall submit the following documents and a photograph to the
National Immigration Agency of the Ministry of the Interior
(hereinafter referred to as “NIA”) within fifteen(15) days before the
expiration of the duration of stay:
1. An
application form;
2. The
passport;
3. The
visitor visa;
4. Other supporting documents.
Each extension granted shall not
exceed the duration of stay permitted by the original visitor visa,
with the total duration of stay not exceeding six months.
However, an alien who can
provide supporting documentation of the following circumstances may be
granted an extension to his/her duration of stay at the discretion of
the NIA:
1. Being pregnant for over seven
months, or having given birth or undergone an abortion within the past
two months;
2. Being hospitalized due to
illness or pregnancy, for which the exit aboard a plane or ship may
endanger his/her well being;
3. The spouse, any blood
relative whose kinship with the alien is lineal or collateral within
the third-degree, or any in-law relative within the second-degree of
kinship; any of the aforesaid whose household registration is within
the Taiwan Area, having been hospitalized due to serious illness or
injury necessitating the care of another, or having died and the
funeral for whom requires one to organize and manage such;
4. Being subjected to natural
disaster or other inevitable major incident;
5. Being constrained by law upon
the personal freedom.
An extension granted in accordance with subparagraphs 1 and 2 of the
preceding paragraph shall not exceed two months. An extension granted
in accordance with subparagraph 3 of the preceding paragraph shall not
exceed two months from the occurrence of the condition. An extension
granted in accordance with subparagraph 4 of the preceding paragraph
shall not exceed one month. An extension granted in accordance with
subparagraph 5 of the preceding paragraph shall be determined according
to the specific circumstance.
Having made entry under a
visa-waiver, or a visa applied for upon the arrival, any alien who is
unable to leave Taiwan before the expiration of the duration of stay
due to any of the conditions stated in the subparagraphs of Article 4
of the Enforcement Rules for Issuance of ROC Visas on Foreign
Passports, shall apply for a visitor visa with the Bureau of Consular
Affair of the Ministry of Foreign Affair, or one of its subordinate
branches.
Article 5
Any alien upon entry into the
country with a resident visa may apply for residency with the National
Immigration Agency by submitting the following documents and a
photograph; an Alien Resident Certificate shall be issued upon approval:
1. An application form;
2. The passport and the resident
visa;
3. Other supporting documents.
Applicants applying for Alien
Resident Certificate pursuant to paragraphs 1 to 3, Article 26 of the
Act shall be exempted from submitting the document stated in
subparagraph 2 of the preceding Article.
Article 6
Any alien meeting one of the
conditions stated in subparagraphs 1 to 5, paragraph 1, Article 23 of
the Act, may apply for residency with the National Immigration Agency
by submitting the following documents and a photograph; upon approval,
the alien shall be issued an Alien Resident Certificate:
1. An application form;
2. The passport and the visitor
visa;
3. Other supporting documents.
The applicant applying in
accordance with one of the conditions stated in subparagraph 1,
pargraph1, Article 23 of the Act may file the application 30 days
before the expiration of his/her duration of stay. The applicant
applying in accordance with one of the conditions stated in
subparagraphs 2 to 5, paragraph 1, Article 23 of the Act may file the
application fifteen(15) days before the expiration of his/her duration
of stay.
The validity of Alien Permanent
Resident Certificate applied for in accordance with the preceding
paragraph shall begin from the date of its issuance.
Stateless person who entered Taiwan with a visitor visa may not apply
for residency. If a particular individual holds a valid visa whose
duration of stay is
at least 60 days and has not been prohibited from extending the
duration of stay or any other restriction, or has special circumstances
verified by other
government agencies commissioned by competent authorities shall not be
excluded.
Any alien born in Taiwan may
apply for the Alien Permanent Resident Certificate through his/her
parent, custodian, or a child and juvenile welfare organization.
Article 7
Stateless persons of Thailand,
Myanmar, or Indonesia who entered Taiwan and had not been deported
before the Act became effective on May 21, 1999, shall submit the
following document and a photograph to the National Immigration Agency;
an Alien Resident Certificate shall be issued upon approval:
1. An application form;
2. A Health Certificate
indicating good health;
3. The Indictment or the
Non-Prosecution Disposition;
4. The document attesting place
of birth;
5. The Certificate of Entry Date;
6. Other supporting documents.
Any children of the stateless
person stated in the preceding paragraph may along apply for residency.
The validity of the Alien
Resident Certificates issued pursuant to this Article shall begin from
the day of its issuance.
Article 8
Aliens applying for an extension
of residency pursuant to paragraph 1, Article 31 of the Act, shall
submit the following document and a photograph to the National
Immigration Agency within thirty(30) days before the expiration of
residency:
1. An application form;
2. The passport and the Alien
Resident Certificate;
3. Other supporting documents.
Article 9
The validity of Alien Resident
Certificate issued to the following aliens shall not exceed one year:
1. Anyone undertaking study in a
school, or a Chinese language institute affiliated with an university,
registered with the education competent authorities;
2. Anyone undergoing study or
training with the approval of the education or other competent
authorities;
3. A foreign missionary or
Buddhist preacher;
4. First-time applicant of
residency based on the marriage to an citizen ROC national;
5. Any others for whom such
residency is necessary.
Where the alien stated in subparagraph 1 of the preceding Article is a
recipient of a university scholarship award under the special approval
of the Ministry of Education, the validity of Alien Resident
Certificate thereof shall be exempted from the one year restriction.
Article 10
The validity of Alien Resident
Certificate issued to an alien, whose residency is granted on the
joint-family basis, shall correspond with the validity of residency for
the joint-family relative; where the joint-family relative is a ROC
national, the validity of Alien Resident Certificate shall not exceed
three(3) years.
Article 11
Aliens applying for permanent
residency shall submit to the NIA the following documents and a
photograph; an Alien Permanent Resident Certificate shall be issued
upon approval:
1. An application form;
2. The passport;
3. The Alien Resident
Certificate;
4. A Health Certificate
indicating good health;
5. The document attesting to
one’s the wealth or special skills to be self-sufficient;
6. The police records of the
past five(5) years issued by both Taiwan and applicant’s country of
origin;
7. Other supporting documents;
Aliens applying pursuant to paragraphs 3 and 4, Article 25 of the Act
shall also submit the approval document issued by the related central
competent authorities or an authorized organization, and shall be
exempted from submitting the documents stated in subparagraphs 3, 5,
and 6 of the preceding paragraph.
Aliens applying for permanent
residency, during the 5 years of stay and have not left the State for
over 3 months during any particular trip out of the country, shall be
exempted from submitting the documents and the no criminal record of
the original country respectively stated in subparagraphs 4 and 6 of
Paragraph 1 ofArticle 11.
The examinations necessary for a
satisfactory Health Certificate stated
in subparagraph 4 of paragraph 1 shall be undertaken in accordance with
the requirements for Health Certificate determined by the Department of
Health of the Executive Yuan.
Aliens whose ARC have been
repealed in accordance with Subparagraph 4
of Article 33 and still qualify for staying, shall apply for residency
within 30 days following the repealing of the ARC.
Article 12
The National Immigration Agency
may grant permanent residency to aliens applying for investment
immigration to Taiwan who have met one of the following conditions:
1. Having invested worth over
NTD(New Taiwan Dollar)15,000,000 in a for-profit enterprise, and having
created five or more job opportunities for ROC nationals for over 3
years;
2. Having invested worth over
NTD (New Taiwan Dollar) 30,000,000 in Central Government Bonds, for
over 3 years.
Article 13
deleted
Article 14
deleted
Article 15
The spouse and any underage
children of any alien whose application for permanent residency is
approved based upon investment immigration, may also apply for
permanent residency.
Article 16
In accordance with paragraph 1,
Article 28 of the Act, aliens over 14 years of age inside Taiwan’s
national border, shall carry on his/her person the passport, the Alien
Resident Certificate, or the Alien Permanent Resident Certificate.
Should an alien have none of the
documents stated in the preceding paragraph, another identification
document designated by the competent authorities shall be carried upon
his/her person.
Article 17
Any ROC citizen currently
residing in the Taiwan Area who has entered Taiwan with a foreign
passport and is applying for residency, or an extension of stay or
residency, shall first register with the Household Registration Office
his/her place of residency in the foreign country, before the NIA may
accept his/her application.
With respect to the application
stated in the preceding paragraph, the NIA shall not accept the
application filed by a draft-age, or near draft-age, male whose
military service obligation has not been completed, and under one of
the following conditions:
1. Having neither an Overseas
Compatriot Identity Certificate nor a notation of Overseas Chinese
Status marked on his ROC passport for the purpose of military service
exemption;
2. Being an overseas Chinese
draftee who has resided in the Taiwan Area for over one year;
3. Having been subjected to
conscription in accordance with the law and is being restricted from
leaving the country.
Article 18
Having been granted residency
pursuant to any of the conditions stated in the subparagraphs of
paragraphs 1, Article 23 of the Act, after entry into Taiwan with a
visitor visa; an alien whose condition underlying his/her residency has
changed, shall apply to amend the basis of residency with the NIA
within thirty(30) days from the occurrence of such change; the validity
of residency shall be determined upon review. However, any change of
residency not matching any of the conditions stated in the
subparagraphs of Article 23 of the Act, the alien applying shall within
fifteen(15) days from the occurrence of such change, first reapply for
resident visa with the Bureau of Consular Affair of the Ministry of the
Foreign Affairs, or its subordinate branch, before applying with the
National Immigration Agency.
Article 19
According to Subparagraph 4 of
Article 33 of the Act, if the length of stay in the State does not
exceed 183 days in a year, the year counts for permanent residency will
begin counting from January first of the following year.
The period of each departure
permitted in the proviso stated subparagraph 4, Article 33 of the Act
is to a maximum of two years.
Article 20
Any alien who seeks to exit and
re-enter Taiwan, shall apply to the National Immigration Agency for the
re-entry permit in accordance with Article 34 of the Act.
The re-entry permits stated in
the preceding paragraph shall be either the single re-entry permits or
the multiple re-entry permits; the validity thereof shall not exceed
the validity of the Alien Resident Certificate. The application for the
multiple re-entry permits may be submitted along with the application
for the Alien Resident Certificate. However, any alien who is being
employed in Taiwan pursuant to subparagraphs 8 to 10, paragraph 1,
Article 46 of the Employment Services Act shall only be eligible to
apply for the single re-entry permits.
Upon cancellation of the Alien
Resident Certificate, the associated re-entry permits shall be deemed
as canceled concurrently.
Aliens with permanent resident
status may make multiple re-entries with the Alien Permanent Residency
Certificate and a valid passport.
Article 21
Any related competent
authorities, or related authorities, upon the discovery or knowledge of
an alien whose basis for stay or residency is no longer applicable,
shall notify the NIA.
Article 22
An alien, the residency for whom
is granted based on the investment in Taiwan, the employment in Taiwan
pursuant to subparagraphs 1 to 7 of paragraph 1 of Article 46 or
Subparagraph 1 of Paragraph 1 of Article 48 of the Employment Services
Act, or the special approval by the Ministry of the Foreign Affairs,
under special circumstances may submitted a written explanation to
extend the length of stay from the National Immigration Agency prior to
the expiration of the residency; spouses and underage children of the
aliens who have been verified for residency can also apply through the
same process. Upon approval, applicants can leave the State 90 days
after the expiration of the residency.
Article 23
Upon the death of any alien
within Taiwan’s national borders, the related party; or the embassy, or
an authorized organization, of the country of origin; shall register
his/her death with the NIA within fifteen(15) days from the occurrence
of such; or the National Immigration Agency may register his/her death
after an investigation to verify the matter.
Upon registering the death of
any alien, the NIA shall immediately forward the matter to, where the
estate tax thereof may be applicable, the local tax collection
competent authorities of the Central Government.
Article 24
Any alien unable to be deported
due to the refusal by the country of issuance of his/her passport, or
other countries, to receive the alien, may be issued a provisional
alien registration permit for stay, subject to limitations on his/her
place of residence and other conditions.
Article 25
The effective date of the
Regulations shall be determined by the Ministry of the Interior.