Military Conscription Rules for Dual Nationality Chinese

Legal Dual Nationality
1

Let me clarify on the 4-month/6-month military conscription rule that’s been causing a lot of confusion lately. I have dual citizenship (American and Taiwanese) and my brother went 90% of the way in applying for Taiwanese citizenship before backing out; I fall on the 4-month side of the rule while my brother falls on the 6-month side, so I’m pretty clear about the entire situation.

Pre-1985. If you’re born BEFORE 1985, then you fall into the 4-month rule. Basically you cannot stay in Taiwan for more than 120 CONSECUTIVE days each time. Break this rule 3 times or stay in Taiwan for more than 365 consecutive days and you’ll have to serve in the military. The obvious loophole to this rule is that you can board a flight to Hong Kong in the morning only to return in the afternoon, resetting your consecutive day count but still effectively staying in Taiwan every day of the year.

1985 and beyond. If you’re born IN or AFTER 1985, then you fall into the 6-month rule. This is the new and current rule that replaced the 4-month rule because the government was wising up to everyone taking full advantage of the aforementioned loophole. Basically you cannot stay in Taiwan for more than a CUMULATIVE total of 183 days out of the year (January 1st to December 31st). Break this rule 2 times or stay in Taiwan for more than 365 consecutive days and you’ll have to serve in the military.

The reason why my brother ended up not applying for Taiwanese citizenship was because he fell into the 6-month rule and there would be no point in having citizenship but not being able to live in Taiwan, so he decided to stick with the ARC. Fortunately, I am on the 4-month side of the rule and abuse this loophole to no end!

Of course, this only deals with military conscription AFTER you apply for citizenship. There are also rules regarding military conscription for the period of time from when you’re 18 to when you apply for citizenship, something the government is going to look at if you want Taiwanese citizenship.

In a nutshell, all male Taiwanese citizens are required to serve a mandatory military conscription when they turn 18. The ONLY way to delay this conscription while living in Taiwan is education. As long as you are enrolled in high school, college, or graduate school, you can keep delaying the conscription. However, the minute you are no longer a student, conscription comes back to bite you in the ass. What does this mean for a prospective applicant? Let me explain.

Suppose you first came to Taiwan when you were 24 and have been working with an ARC ever since. Now, 6 years later, you’re 30, and have decided to apply for Taiwanese citizenship. The government will look at the period of time from when you’re 18 to 30 to decide whether you need to serve in the military. 18-23, you weren’t in Taiwan, so no problem there. However, starting from when you were 24, you’ve been living in Taiwan. Now this goes back to which side of the 4-month/6-month rule you fall into. Suppose it’s the 6-month rule. Well, since you’ve been living in Taiwan from the ages of 24-30, which is 6 years, you’ve clearly violated the 6-month rule, and will have to serve in the military IMMEDIATELY.

So before you decide to apply for Taiwanese citizenship, do the math and think about your time in Taiwan so far. A lot of people violate the 4-month/6-month rule without even knowing it, which isn’t a problem if you’re using an ARC, but will definitely be a pain if you ever decide to apply for citizenship. The way around this is to wait until you’re 37 to apply for Taiwanese citizenship. The military only accepts men from the ages of 18-36. Once you’re 37, you’ll be free of mandatory conscription and the whole 4-month/6-month rule headache.

Oh, and of course, you MUST have an Overseas Chinese Stamp on your Taiwanese passport before you apply for Taiwanese citizenship, otherwise you’ll have to immediately serve in the military regardless. The stamp can only be given by a Taiwanese embassy in your country of residence and NOT in Taiwan. So be sure to get this done before flying over.

Hope this helps!

1 Like
2

Thanks for the info Amashi, very helpful! I fall on the 4 month side as well, so I’m curious to know how long ago did you get your citizenship and are you living/working in Taiwan now?

1 Like
3

I’ve been living in Taiwan for the past 10 years. First studying, then working. I applied for citizenship about 2 years ago and everything’s been fine ever since.

I actually have one 4-month rule violation because of the situation I explained before. When I was on a student ARC, I was immune to conscription. However, after I graduated, I changed to a work permit ARC, which made me susceptible to conscription should I decide to obtain citizenship. I applied for citizenship about 350 days after I graduated, which meant I violated the 4-month rule once, but thankfully did not violate the 365-day rule, which would mean serving immediately if you break it even ONCE.

It’s a little confusing, but basically if you ever apply for citizenship, the 4-month/6-month rule starts counting from when you are 18, regardless of what you used to stay in Taiwan before.

4

Could somebody post a link to the gov’t’s rules on 4 months vs. 6 months? In Chinese is fine, I’d like to forward it to our HR dept.

5

[quote=“Amasashi”]

Oh, and of course, you MUST have an Overseas Chinese Stamp on your Taiwanese passport before you apply for Taiwanese citizenship, otherwise you’ll have to immediately serve in the military regardless. The stamp can only be given by a Taiwanese embassy in your country of residence and NOT in Taiwan. So be sure to get this done before flying over.

Hope this helps![/quote]

Amashashi,

If you are still posting/reading this forum, can you explain your last paragraph? My son is not yet 18. I am a dual citizen (Taiwan and US). He does not have Taiwan passport yet. If I want to apply Taiwan citizenship for my son, he will need to get the Overseas Chinese Stamp first on his passport, then apply for citizenship. Add him to my ‘hu-kou’ in Taipei. Is the purpose of the stamp to allow application to go easier? Also, he will be subject to conscription rule if he decides to stay in Taiwan in the future for more than 183 days a year before he turns 37?

We may rethink why apply Taiwan citizenship for him then.

6

fh2000,

You pretty much have the order right. The whole purpose of the Overseas Chinese Stamp is so you can avoid military conscription. And as your son was born after 1985, he can only stay in Taiwan for a maximum of 183 cumulative days per year. If he breaks this rule 2 times, or stays in Taiwan for more than 365 consecutive days 1 time, then he will have to immediately serve in the military.

They changed the rules for overseas Chinese so people can’t abuse the loophole (like you and I do, lol). So if your son plans on staying in Taiwan for a long time, he’ll either have to use his foreign passport and get an ARC or serve in the military for a year.

Hope this helps.

7

Hi Amasashi,

I’m not sure if you’re still reading this post since it was posted a while back, but I have a quick question regarding the military conscription if you don’t mind answering. I’m planning on going to Taiwan for about 2-3 week in 2 weeks for my college grad trip. I’m a dual citizen in the U.S. and Taiwan. I stayed in Taiwan from when I was a year old until I was 11. Since then, I’ve only visited once four years ago for about a month (I returned to the States before I turned 18) and I am turning 22 now. I am wondering that if I were to go back this summer, would I face any problems with the military conscription? I am starting veterinary school very soon and I don’t want any chance of the military conscription to halt my stay in Taiwan and delay my return to the States. Thank you so much!

8

andysasa,

If you have dual citizenship and Overseas Chinese Status on your Taiwanese passport, you’ll be fine :slight_smile:

9

Hi,

I was born pre 1984, and a US citizen but born in Taiwan. Should I enter with my Taiwan passport? and then apply the 4 month rule? thanks. Please help

10

Does anyone know if we can change our name on foreign passports (ie. Canadian passport) and enter Taiwan, will this avoids Taiwan to know that I am an dual Taiwanese Citizen, but that I am entering as a Canadian instead? This is another loophole that I’ve heard of. I just wonder if anyone know more factual information about this. Whether or not foreign passports are connected with Taiwanese passport’s database, even if we changed our legal name on the foreign passport.

the 183 days rule applies on me, I sometimes have to do projects in Taiwan and sometimes I have to stay in Taiwan longer than 183 days within a year if good project comes, I don’t want to have to forced to not take on really great projects just because I’ve stayed in Taiwan more than 183 days in that year…

thank you very much

11

[quote=“pook110”]Hi,

I was born pre 1984, and a US citizen but born in Taiwan. Should I enter with my Taiwan passport? and then apply the 4 month rule? thanks. Please help[/quote]

Probably. Make sure you get the Overseas Chinese visa/endorsement in your Taiwan passport first, before entering Taiwan, but as long as you do that then this should work.

I assume that this means getting a whole new Canadian passport, which in turn requires getting a new passport issue number? The only other information they could use to link it up then would be your birth date and birth place, but probably too many people would match those criteria for it to be useful.

If the new passport has your old name listed as an alias, or contains the old passport’s issue number, then this won’t work as the Taiwan authorities could still look you up. If you have an old visa that you want to mvoe from the old passport to the new one, typically the visa in your new passport will say that it’s an extension of so and so visa with visa number XXXXXXX in passport number YYYYYY - the immigration/border officer in Taiwan will probably see it and can still look you up on the old passport number that way then.

Likewise, if you are in a foreign country when getting the new passport, so that your entry and exit stamps are on two different passports, typically the stamp will have something written beside it to say that the other stamp is on passport number YYYYYY.

If your new passport has no mention of your old passport number or your old name at all, anywhere, then your odds are much better. I still wouldn’t guarantee it though. Possibly you might still be caught if they take fingerprints or something…

[quote=“soar55”]the 183 days rule applies on me, I sometimes have to do projects in Taiwan and sometimes I have to stay in Taiwan longer than 183 days within a year if good project comes, I don’t want to have to forced to not take on really great projects just because I’ve stayed in Taiwan more than 183 days in that year…

thank you very much[/quote]

I guess working on such projects outside of Taiwan (in Singapore, HK, or even on a cruise ship just outside of Taiwan’s waters) is not an option here?

The only surefire option I can think of is, while in Canada, get the Overseas Chinese endorsement and then renounce your ROC nationality at TECO. As long as you have that endorsement, you aren’t required to complete military service before renouncing.

12

Hello all,

I’ve recent obtained British Naturalisation. Once I securce a British passport I was hoping to go back and visit my family in Taiwan for a couple of weeks. Will I be able to go through immigration in/out using the British passport w/o any trouble?

I was born in Taipei in 1986. Been in the UK studying till 2008 and that was the last time I went back to Taiwan as a student. Haven’t done military service. Currently holding a Taiwanese passport but it expired last year Sept 2013. I haven’t tried to renew it.

I understand I am not exempted from the military service as I am still an ROC citizen, will I be able to avoid it by entering w/ visitor visa using a UK passport?

Help is much appreciated.

13

[quote=“graqfreak”]Hello all,

I’ve recent obtained British Naturalisation. Once I securce a British passport I was hoping to go back and visit my family in Taiwan for a couple of weeks. Will I be able to go through immigration in/out using the British passport w/o any trouble?

I was born in Taipei in 1986. Been in the UK studying till 2008 and that was the last time I went back to Taiwan as a student. Haven’t done military service. Currently holding a Taiwanese passport but it expired last year Sept 2013. I haven’t tried to renew it.

I understand I am not exempted from the military service as I am still an ROC citizen, will I be able to avoid it by entering w/ visitor visa using a UK passport?

Help is much appreciated.[/quote]

You won’t have a problem as long as you don’t stay too long.

14

[quote=“BAH”][quote=“graqfreak”]Hello all,

I’ve recent obtained British Naturalisation. Once I securce a British passport I was hoping to go back and visit my family in Taiwan for a couple of weeks. Will I be able to go through immigration in/out using the British passport w/o any trouble?

I was born in Taipei in 1986. Been in the UK studying till 2008 and that was the last time I went back to Taiwan as a student. Haven’t done military service. Currently holding a Taiwanese passport but it expired last year Sept 2013. I haven’t tried to renew it.

I understand I am not exempted from the military service as I am still an ROC citizen, will I be able to avoid it by entering w/ visitor visa using a UK passport?

Help is much appreciated.[/quote]

You won’t have a problem as long as you don’t stay too long.[/quote]

Thanks BAH, turns out you were right. Although extremely nervous, I was able to leave Taiwan w/o any problems after my short stay via British passport.

Given the recent news from MND saying they’d go full on AVF by 2017, does this change the situation for us born before 1994? Or would I still have to wait until I’m 36/37 before I’d be exempt from the service lawfully?

I have a colleague with similar circumstances to mine recently mentioned that his parents received a notice on the government actively pursuing those who are still eligible for military service that are between age 33 and 37. Those who fail to turn up apparently would be sentenced up to 10 years which means no return even after the excemption age of 37 until the sentence is served. Has anyone heard of this? Seems rather extreme. I heard similiar stories while I was back earlier this year too but was more relative for grad students from the States.

I understand given Article 14 we are both still at risk but the chance has always been low (at least I was told here and I did roll the dice once earlier this year and didn’t lose). With the presidential election looming, I wonder if there’s anything else we should be watching out for… Personally I’m hoping to visit again end of this year for 2-3 weeks and was pretty comfortable with the thought of it. Now, not so sure anymore!

15

[quote=“graqfreak”][quote=“BAH”][quote=“graqfreak”]Hello all,

I’ve recent obtained British Naturalisation. Once I securce a British passport I was hoping to go back and visit my family in Taiwan for a couple of weeks. Will I be able to go through immigration in/out using the British passport w/o any trouble?

I was born in Taipei in 1986. Been in the UK studying till 2008 and that was the last time I went back to Taiwan as a student. Haven’t done military service. Currently holding a Taiwanese passport but it expired last year Sept 2013. I haven’t tried to renew it.

I understand I am not exempted from the military service as I am still an ROC citizen, will I be able to avoid it by entering w/ visitor visa using a UK passport?

Help is much appreciated.[/quote]

You won’t have a problem as long as you don’t stay too long.[/quote]

Thanks BAH, turns out you were right. Although extremely nervous, I was able to leave Taiwan w/o any problems after my short stay via British passport.

Given the recent news from MND saying they’d go full on AVF by 2017, does this change the situation for us born before 1994? Or would I still have to wait until I’m 36/37 before I’d be exempt from the service lawfully?

I have a colleague with similar circumstances to mine recently mentioned that his parents received a notice on the government actively pursuing those who are still eligible for military service that are between age 33 and 37. Those who fail to turn up apparently would be sentenced up to 10 years which means no return even after the excemption age of 37 until the sentence is served. Has anyone heard of this? Seems rather extreme. I heard similiar stories while I was back earlier this year too but was more relative for grad students from the States.

I understand given Article 14 we are both still at risk but the chance has always been low (at least I was told here and I did roll the dice once earlier this year and didn’t lose). With the presidential election looming, I wonder if there’s anything else we should be watching out for… Personally I’m hoping to visit again end of this year for 2-3 weeks and was pretty comfortable with the thought of it. Now, not so sure anymore![/quote]

Just heard back from my colleague who recently returned to Taiwan for a short trip. Turns out the government is still actively continuing this process of recruiting those age 33 and older. According to his source (government official, friend of his dad apparently), once the paperwork is done, which is estimated to be within 4-5 months, the new rule will be strictly enforced.

Has no one heard of this? I can’t seem to find any articles online on any new process being developed. I personally got a few more years before I reach that age but even still, this just means the odds are getting worse and I’m probably going to stop taking the risk in the near future…

16

[quote=“graqfreak”][quote=“graqfreak”][quote=“BAH”][quote=“graqfreak”]Hello all,

I’ve recent obtained British Naturalisation. Once I securce a British passport I was hoping to go back and visit my family in Taiwan for a couple of weeks. Will I be able to go through immigration in/out using the British passport w/o any trouble?

I was born in Taipei in 1986. Been in the UK studying till 2008 and that was the last time I went back to Taiwan as a student. Haven’t done military service. Currently holding a Taiwanese passport but it expired last year Sept 2013. I haven’t tried to renew it.

I understand I am not exempted from the military service as I am still an ROC citizen, will I be able to avoid it by entering w/ visitor visa using a UK passport?

Help is much appreciated.[/quote]

You won’t have a problem as long as you don’t stay too long.[/quote]

Thanks BAH, turns out you were right. Although extremely nervous, I was able to leave Taiwan w/o any problems after my short stay via British passport.

Given the recent news from MND saying they’d go full on AVF by 2017, does this change the situation for us born before 1994? Or would I still have to wait until I’m 36/37 before I’d be exempt from the service lawfully?

I have a colleague with similar circumstances to mine recently mentioned that his parents received a notice on the government actively pursuing those who are still eligible for military service that are between age 33 and 37. [color=#FF0000]Those who fail to turn up apparently would be sentenced up to 10 years which means no return even after the excemption age of 37 until the sentence is served.[/color] Has anyone heard of this? Seems rather extreme. I heard similiar stories while I was back earlier this year too but was more relative for grad students from the States.

I understand given Article 14 we are both still at risk but the chance has always been low (at least I was told here and I did roll the dice once earlier this year and didn’t lose). With the presidential election looming, I wonder if there’s anything else we should be watching out for… Personally I’m hoping to visit again end of this year for 2-3 weeks and was pretty comfortable with the thought of it. Now, not so sure anymore![/quote]

Just heard back from my colleague who recently returned to Taiwan for a short trip. Turns out the government is still actively continuing this process of recruiting those age 33 and older. According to his source (government official, friend of his dad apparently), once the paperwork is done, which is estimated to be within 4-5 months, the new rule will be strictly enforced.

Has no one heard of this? I can’t seem to find any articles online on any new process being developed. I personally got a few more years before I reach that age but even still, this just means the odds are getting worse and I’m probably going to stop taking the risk in the near future…[/quote]

Of course you can’t find much information about this.

Regarding the marked in red, who is meant by fail to turn up?
The once that received the official order to show up at a certain location and certain time?
If that’s the case, they will need an official address so they can send you this official order.
Not following an order received from an Army superior is a crime which could lead to a ten years prison sentencing.
Evading the Army registration is probably a minor civil misdemeanor and most likely only carries a fine.

Simply don’t get your name on any household registration.

1 Like
17

Hello, anyone here who have been in Taiwan and exceeded once the 183 days but still able to get out of Taiwan? I want an answer from someone who experience it. haha. thanks! :slight_smile:

18

[quote=“graqfreak”][quote=“BAH”][quote=“graqfreak”]Hello all,

I’ve recent obtained British Naturalisation. Once I securce a British passport I was hoping to go back and visit my family in Taiwan for a couple of weeks. Will I be able to go through immigration in/out using the British passport w/o any trouble?

I was born in Taipei in 1986. Been in the UK studying till 2008 and that was the last time I went back to Taiwan as a student. Haven’t done military service. Currently holding a Taiwanese passport but it expired last year Sept 2013. I haven’t tried to renew it.

I understand I am not exempted from the military service as I am still an ROC citizen, will I be able to avoid it by entering w/ visitor visa using a UK passport?

Help is much appreciated.[/quote]

You won’t have a problem as long as you don’t stay too long.[/quote]

Thanks BAH, turns out you were right. Although extremely nervous, I was able to leave Taiwan w/o any problems after my short stay via British passport.

Given the recent news from MND saying they’d go full on AVF by 2017, does this change the situation for us born before 1994? Or would I still have to wait until I’m 36/37 before I’d be exempt from the service lawfully?

I have a colleague with similar circumstances to mine recently mentioned that his parents received a notice on the government actively pursuing those who are still eligible for military service that are between age 33 and 37. Those who fail to turn up apparently would be sentenced up to 10 years which means no return even after the excemption age of 37 until the sentence is served. Has anyone heard of this? Seems rather extreme. I heard similiar stories while I was back earlier this year too but was more relative for grad students from the States.

I understand given Article 14 we are both still at risk but the chance has always been low (at least I was told here and I did roll the dice once earlier this year and didn’t lose). With the presidential election looming, I wonder if there’s anything else we should be watching out for… Personally I’m hoping to visit again end of this year for 2-3 weeks and was pretty comfortable with the thought of it. Now, not so sure anymore![/quote]

Hello graqfreak, I’m in a very similar situation like you right now. May I ask that if you changed your name and birth place on your British passport?
Also, didn’t they start to use finger print and facial recognition system at the airport couple years ago? So you entered and left without any problems? Did the officer ask you if you have Taiwanese passport?

Sorry I got so many questions to ask. But I really want to go back to visit my family. If you can help me that would be very helpful thanks!!

19

What–the British allow you to change your birthplace on your passport?! How does that work?

20

Also I hope this will help:

If you been overseas for two years and more, your household registration “expires” in order to renew it and get back into the system are the following:

  1. Enter Taiwan with ROC passport

  2. Get/renew your Taiwanese ID card

  3. Sign or renew your Taiwanese national health care account

I was worry and look at every forum or other articles about the Taiwanese conscription law then when my mom told me about me not being in the household registration since I been away for so long, I start look into the nationals without household registration and she was right. So if you’re just visiting and you been gone overseas for so long, don’t do what I just listed above and you should be ok. I go to Taiwan once every year and people at the airport never give me a hard time so…