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Article 9
A national without registered permanent residence in the Taiwan Area shall apply to National Immigration Agency for residence in the Taiwan Area if he/she falls within any of the following circumstances:
1. Has a lineal blood relative, a spouse, a sibling, or a spouse's parent, who has registered permanent residence in the Taiwan Area. If the relationship is a result of adoption, the adopted person shall not be older than twelve (12) years old; he/she shall reside with the adopter in the Taiwan Area. The adoption is limited to two (2) people.
2. Serves as an overseas legislator.
3. Has been naturalized and has acquired the nationality of the State.
4. Was or is born in overseas, resides in the Taiwan Area and has registered his/her permanent residence at a household registry in the area. The person is an adult.
5. Holds the passport of the State to enter into the State, and continues to reside in the Taiwan Area for seven (7) years or up, and one hundred and eighty-three (183) days or up each year.
6. Has made an investment in the Taiwan Area in the amount that is more than a certain amount of capital, and has been approved or filed for future reference by the central authorities in charge of the investment.
7. Is an overseas student who has applied to reside in the Taiwan Area pursuant to the following twelfth subparagraph and has returned to his/her country of residence to work for two (2) years after graduation.
8. Has special contributions to the country and the society, or is a senior professional personnel as needed in the Taiwan Area.
9. Has special skills and experiences and has been invited back to the State by the central authorities that are in charge of the field of their employment.
10. Has been appointed or employed by a government department, a public or private university or a college besides the authorities stated in the preceding Subparagraph.
11. Has been approved to work in the Taiwan Area by the central authorities in charge of labour affairs or the field of their employment pursuant to Subparagraphs 1 to 7 or Subparagraph 11, Paragraph 1 of Article 46 of the Employment & Service Act.
12. Is an overseas student who has been approved to study in the State by a central authority in charge of the field concerned.
13. Is a trainee who has been approved to take vocational training by a central authority in charge of the field concerned.
14. Is a master graduate student or a doctorate student who has been approved to undertake research and serve as an intern by a central authority in charge of the field concerned.
15. Has been approved to work in the Taiwan Area by the central authority in charge of labour affairs in accordance with Subparagraph 8 to 10, Paragraph 1 of Article 46 of the Employment & Service Act
The spouses and minor children of the national stated in Subparagraph 1, Subparagraph 2 or Subparagraphs 4 to 11 of the preceding Paragraph may apply with the national; the spouses and minor children who have not applied with the national may apply after the approval of the national’s application for residence in the Taiwan Area and before the approval of the application for registered permanent residence in the State. When the national's right to residence is revoked or repealed in accordance with Paragraph 2 of Article 11 of the present Act, the right of the national's spouses and minor children to reside may also be revoked or repealed at the same time.
National Immigration Agency shall issue a residence certificate of Taiwan Area to any person who applies for a residence permit in accordance with Paragraph 1. The effective period of the certificate shall not be longer than three (3) years, calculating from the second day of the date of arrival in the State.
Before the expiration of the residence period of a national without registered permanent residence, the national can apply to National Immigration Agency for extension of residence if the reasons for residence in the original application still remain unchanged.
The effective period of the residence certificate of Taiwan Area of a person whose application for an extension of residence pursuant to the preceding Paragraph is approved shall be extended to the period of not more than three (3) years from the second of the date of the expiration of residence.
National Immigration Agency shall revoke the residence permit of a national without registered permanent residence if the national’s reasons for residence disappear within the period of the residence, save the national who applies for residence pursuant to Subparagraph 1, Paragraph 1 and whose lineal blood relative, a spouse, a sibling, or a spouse's parent is deceased. Such a national can apply for an extension of residence for a period of not more than three (3) years once.
In the event that a national without registered permanent residence changes his/her domicile or his/her place of employment during the period of his/her residence, he/she shall apply to National Immigration Agency for registering the change.
National Immigration Agency may draw up and promulgate an annual quota of residence for nationals without registered permanent residence on the basis of different nations or districts after judging the condition of residence in the Taiwan Area and having the ratification of the Executive Yuan. However, people who have minor children with registered permanent residence in the Taiwan Area or have been married for four (4) years, or whose spouses have registered permanent residence in the Taiwan Area shall be exempted from the limit of the quota.
Where a national without registered permanent residence exceeds the period of visit for less than ten (10) days after he/she is permitted to enter the State, and the residence application of the national is subject to an annual quota pursuant to the provision of the preceding Paragraph, the permission to allocate a quota to the national shall be granted after a period of one (1) year each time when the national overstays the visit pursuant to the provisions, save the national who falls within any of the circumstances set forth in each Subparagraph, Paragraph 1 of the preceding Article.
Article 10
A national without registered permanent residence in the Taiwan Area may apply to National Immigration Agency for permanent residence if he/she meets one of the following conditions:
1. He/She, who is the applicant, the applicant's spouses or minor children as stated in Subparagraphs 1 to 11 of Paragraph 1 of the preceding Article, have been granted residence and their original qualifications for residence remain unchanged after having continuously resided or having resided in the Taiwan Area for a certain period of time. Where they reside in the Taiwan Area pursuant to Subparagraph 2 or Subparagraph 8 of Paragraph 1 of the preceding Article, they shall not be subject to continuous residence or residence for a certain period of time.
2. Was or is born in overseas, resides in the Taiwan Area and has registered his/her permanent residence at a household registry in the area. The person is a minor .
A person, who has applied for registered permanent residence in the Taiwan Area pursuant to Subparagraph 1 of the preceding paragraph, shall have been married for three (3) years and over if his/her qualification results from marriage. He/She may not be exempted from the preceding requirement unless his/her children have been born during the marriage.
A continuous residence or residing in the Taiwan Area for a certain period of time as provided in Subparagraph 1, Paragraph 1 is regulated as follows:
1. A person who files an application pursuant to Subparagraphs 1 to 9, Paragraph 1 of the preceding Article shall reside in the Taiwan Area for one (1) year continuously; reside in the area for full two (2) years and two hundred and seventy (270) days or up each year; or reside in the area for full five (5) years and one hundred and eighty-three (183) days or up each year.
2. A person who files an application pursuant to Subparagraph 10 or Subparagraph 11, Paragraph 1 of the preceding Article shall reside in the Taiwan Area for three (3) year continuously; reside in the area for full five (5) years and two hundred and seventy (270) days or up each year; or reside in the area for full seven (7) years and one hundred and eighty-three (183) days or up each year.
Where a national without registered permanent residence goes abroad during the period of residence mentioned in the preceding Paragraph with the dispatch or the approval of the government and is provided with evidential documents with respect to the dispatch or the approval, the period of his/her residence shall not be deemed to be interrupted. The period of going abroad also shall not be accumulated for the period of residence in the Taiwan Area.
Where a national without registered permanent residence, whose relative with registered permanent residence in the Taiwan Area is deceased during the period of the national’s residence, or who is divorced from the person with registered permanent residence in the Taiwan Area during the period of the national’s residence and applied for residence in the Taiwan Area because of his marriage with the person, has resided continuously or for a certain period of time in the area and shall execute the rights and obligations for bearing subsistence of his/her minor children with registered permanent residence in the Taiwan Area, he/she can still apply to National Immigration Agency for registration of permanent residence in the area and shall not be restricted by the condition that his/her qualification for residence must remain unchanged, as provided under Subparagraph 1, Paragraph 1.
An application for registered permanent residence in the Taiwan Area shall be made within two (2) years after the continuing residence or residing in the area for a certain period of time, save the circumstances set forth in the exceptions under Subparagraph 1, Paragraph 1. The spouse and the minor children of the applicant shall apply for registered permanent residence in the Taiwan Area together with the applicant or after obtaining the permits for registered permanent residence.
Where a national without registered permanent residence is permitted to register his/her permanent residence in the Taiwan Area within thirty (30) days, he/she shall handle a household registration at a household registry where a household registration is predetermined to take place. After the period of thirty (30) days, National Immigration Agency shall repeal his/her permit of registered permanent residence.
The competent authority shall enact regulations governing the application for entry by a national without registered permanent residence, an application procedure for residence or an application procedure for registered permanent residence, documentation which shall be prepared, types of certificates to be issued, effective periods of certificates and other matters which must be complied with.
Article 11
National Immigration Agency may deny the application for residence or registered permanent residence submitted by a national without registered permanent residence if he or she meets one of the following circumstances:
1. Has been strongly suspected, on the basis of sufficient factual evidence, to endanger national security or social stability.
2. Has been sentenced to punishment of imprisonment or greater.
3. Has entered the State without permission.
4. Has used another person's identity, or has applied with illegally acquired, counterfeited, or altered documents.
5. Has assisted other people to illegally enter and/or exit the State or has provided other people with identification documents for the same purpose.
6. Is believed, on the basis of sufficient factual evidence, to have conspired with another person to have a false marriage.
7. Is relatively connected to the adopter because he/she is adopted the adopter; and he/she does not reside with the adopter after entering the State.
8. Has failed to pass a medical check for items designated by the central competent health authority. This provision does not apply to an applicant who is a minor.
9. Has been involved in activities or employment that is different from the purposes of his or her entry.
10. Has overstayed a visit.
11. Refuses to attend an interview without justifiable reasons after he/she was notified legally.
12. Avoid, obstruct or refuse an investigation executed under Article 70 without justifiable reasons.
13. Other circumstances recognized and promulgated by thecompetent authorities.
If a person has been determined to be subject to any of Subparagraphs 1 to 8 of the preceding Paragraph after the permission for his/her residence, or after the permission for his/her residence, he/she is discovered that the information provided by him/her at the time of his/her application for residence is false or untrue, National Immigration Agency shall revoke the permission for his/her residence.
If a person has been determined to be subject to any of Subparagraph 4 or Subparagraph 6, Paragraph 1 after the permission for his/her registered permanent residence, or after the permission for his/her registered permanent residence, he/she is discovered that the information provided by him/her at the time of his/her application for residence is false or untrue, the permission for his/her registered permanent residence shall be revoked or repealed. If the person has registered his/her permanent residence at a household registry, the household registry shall also revoke or repeal his/her registration.
With respect to any person whose residence permit or permanent residence permit is to be revoked or repealed pursuant to the provisions of the preceding two Paragraphs, the person’s residence permit or permanent residence permit shall be revoked or repealed within five (5) years starting from the time when National Immigration Agency determines to revoke or repeal his/her said permit; otherwise, his/her said permit shall be revoked or repealed within two (2) years starting from the time when he/she knows that the said permit is to be revoked or repealed. This provision shall not apply to the circumstances set forth in Subparagraph 4 or Subparagraph 6 of Paragraph 1.
The period of the denial pursuant to Subparagraphs 9 and 10 of Paragraph 1 shall be at least one (1) year from the day after his last exit from the State and shall not exceed three (3) years.
Subparagraph 12, Paragraph 1 shall apply mutatis mutandis to the circumstance that people of the Mainland Area, residents of Hong Kong or residents of Macau apply for residence or registered permanent residence in the Taiwan Area.
Article 23
Where an alien who possess a valid visa for a visit for the period of sixty (60) days or up and such a visa is with annotated disapproval of extension of a visit or other restrictions by marked by the visa issuing authority meets one of the following circumstances, he/she can apply to National Immigration Agency for residence. After the Agency permits the application, it shall issue an Alien Resident Certificate to the alien.
1. The alien’s spouse who holds the nationality of the State resides in the Taiwan Area currently and is with registered permanent residence or permitted to reside in the area. With respect to the alien’s spouse being an alien, the spouse is permitted to reside or permanently reside in the area.
The alien’s spouse being an alien, who is permitted to reside in the area and whose engagement in works set forth in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Employment & Service Act is permitted by the central authorities in charge of labor affairs or the field of his/her employment, however, cannot apply for the issuance of an Alien Resident Certificate.
2. An alien is younger than the age of eighteen (18) and his/her parents or grandparents are the nationals who hold nationality of the State, have registered permanent residence in the Taiwan Area currently or permitted to reside in the area. With respect to the alien’s parents or grandparents being aliens, the parents or grandparents are permitted to reside or permanently reside in the area. The alien is relatively connected to the adopters because he/she is adopted the adopters; and he/she does not reside with the adopters after entering the State.
3. Has been approved to work in the Taiwan Area by the centralauthorities in charge of labor affairs or the field of his/her employment pursuant to Subparagraphs 1 to 7 or Subparagraph 11, Paragraph 1 of Article 46 of the Employment & Service Act.
4. An investor who has made an investment in the Taiwan Area in the
amount that is more than a certain amount of capital, and has been approved or filed for future reference by the central authorities in charge of the investment. A representative of a foreign investor also must have made an investment in the Area in the foresaid amount of capital, and has been proceed for the same purposes as abovementieond by the central authorities in charge of the investment.
5. A person in charge of a foreign company which is recognized under the Company Act and is located domestically.
6. An alien’s re-issuance of a residence visa is approved on an ad hoc basis by the Ministry of Foreign Affairs.
Where an alien enters the State with a residence visa meets any of the circumstances mentioned in the preceding Paragraph due to the change of the reasons for residence, he/she shall apply to National Immigration Agency for modification of reasons for residence. An alien who falls under the exceptions provided under Subparagraph 1 of the preceding Paragraph shall not apply.
After National Immigration Agency permits an alien’s application for modification of reasons for residence which was submitted pursuant to the preceding Paragraph, it shall reissue an Alien Resident Certificate to the alien and review the effective duration of the alien’s residence.
Article 25
An alien, who has legally and continuously resided in the State for five (5) years and for more than one hundred and eighty-three (183) days each year, or the alien spouse and/or children of a national with registered permanent residence 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 more than one hundred and eighty-three (183) days each year for five (5) years, may apply to 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 or employment in the Taiwan Area as approved by the central authorities in charge of labor affairs or the field of their employment pursuant to Subparagraphs 8 to 10, Paragraph 1 of Article 46 of the Employment & Service Act.
1. Are at the age of eighteen (18) or over.
2. Have a decent character.
3. Have considerable property, skills or talents that enable them to make
a living on their own.
4. Are beneficial to the national interests of the State.
Aliens who had legally resided in the State for twenty (20) years or up before May 31, 2002 during which period they had resided in the State over one hundred and eighty-three (183) days each year for ten (10) years, and have met the requirements as specified in Subparagraphs 1 to 4 of the preceding Paragraph can apply to National Immigration Agency for permanent residence.
Aliens who have not satisfied the requirements as specified in the first Paragraph but have met one of the following conditions can also apply to National Immigration Agency for permanent residence:
1. Having made exceptional contributions to the State.
2. Are senior professional personnel as needed by the State.
3.Have participated in races, contests and assessments in the fields of culture, art, technology, sports and industry, which are acknowledged internationally and have won the first prizes.
Aliens shall apply to National Immigration Agency for investment immigration in the State. After the Agency reviews and permits their applications and the aliens do invest, it shall consent to their permanent residence.
Aliens who have the nationality of the State concurrently shall not apply for permanent residence.
Where aliens apply for alien permanent residence and refuse to attend interviews without justifiable reasons after they were notified to attend them legally, National Immigration Agency shall not approve the applications.
National Immigration Agency shall issue applicants Alien Resident Certificates after granting them the status of a permanent resident.
The competent authority shall draw up and promulgate an annual quota of residence or permanent resident applied by aliens on the basis of different nations or districts after considering national interests and having the ratification of the Executive Yuan. However, an alien who invests, is employed to work, or study in the Taiwan Area, or is a spouse or a child is younger than the age of eighteen (18) of a national with registered permanent residence in the Taiwan Area and the spouse or the minor child seeks shelter and residence from the 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.