Taiwan ARC criminal record check


#21

So to clarify my company did not ask for a background check for employing me, just for getting my arc approved. I’m already working for them without the background check.


#22

It seems that the employer needs a background check to apply for a work permit.

So, your work permit must have been issued before the law change. Is this correct?

聘僱之教職員工為外國人者,於第一次申請聘僱許可時,應檢附外國人原護照國開具之行為良好證明文


#23

Most visitor visas are so-called tourist visas if I’m not mistaken. A visitor visa can have a special endorsement to indicate it’s a WHV and therefore equivalent to a work permit (though Americans don’t qualify).

Are you talking about other visitor visas with this kind of endorsement?


#24

No, visitor visas can be issued based on several reasons, just as resident visas are. Short term employment with a work permit is one of them. The most may be so-called tourist visas, so, I said this possibility may be low.


#25

That would be an 應聘停留簽證 with an “A”, but I doubt it’s what the OP has.


#26

You don’t need an ARC to work, you need a WORK PERMIT which is issued before the ARC


#27

I think a DUI is a DUI, doesn’t matter how you got it, if you’re drunk you shouldn’t be driving…under any circumstance.


#28

This article says “Teachers who have applied since June 16 or have yet to complete their application process from an earlier date.” Does the application process mean from getting work permit till getting an ARC?

The article 9 of the law seems saying that employer should submit the application for a work permit with a background check.

Anyway, Anna,
You already got your work permit maybe before June 16, so weren’t requested a background check at that time.
Then you entered Taiwan about 10 days ago.
Your application process does not complete till you get an ARC, so, you are requested to submit a background check now.

Is this correct?

Then, my next question is do they receive an ARC application without a necessary document?

Or, did you enter by visa exempt, and at the last step of the process to get visas and ARC? In that case, they didn’t request a background check for visas, but for an arc? If you are actually under the process of getting a visitor visa, is it ok to work without a visa if having a work permit?

Or, as far as a work permit was issued before June 16, NIA does not requedt a background check, but just your employer is requesting it for them, as all other teachers were, even if working there more than a year? In this case, you don’t need to worry about anything on your DUI.


#29

So I need the check for my arc, that’s the bottom line there’s no question for over that aspect of this. The problem is what is a crime worth barring me from this job? Are they mainly just looking for sexual or physical violence or anything at all? This law came into place due to a sexual assult that resulted in a suicide, so I don’t know hopefully they are just trying to stop violent predators, not someone who made a one time mistake as a teenager? That is my hope!


#30

I will add, after I found out about this I called some sort of embassy for taiwan and the lady acted like it wasn’t a big deal, with such a new law though there could be some confusion about What is and isn’t acceptable. She made it seem like this would mainly applied to violent things, but when I read that article it says “any criminal history”. But nobody can give me a solid answer.


#31

So, you already have your work permit, right? I’m asking this because you have never explicitly said that you already have it.

I think many people are wanting to know it. DUI, speeding tickets, misdemeanors, … My common sense says the same with the lady you asked, but don’t know even who knows a solid answer. Did you ask to NIA?


#32

I believe it was the NIA, she said it would probably also depend on the immigration officer so it doesn’t seem there really is a clear answer. She actually seemed to brush off this concern like it wasn’t a big deal but I can’t stop thinking about it. I guess I’ll just continue to stress for the next month or so and hope for the best. My school is handling applying for my arc so I’ve been out of the loop truthfully. I feel like one non-violent misdemeanor may be ok? It was also a low bac dui which means under .08% I think, still a dui not sure if that makes a difference or if they can see the distinction.


#33

Then, you actually don’t know whether you have a work permit? If your employer is now working to get your work permit to eventually get your ARC, your current status is illegal. If I were you, I would confirm them that my work permit was already issued, before anymore teaching.

How did you enter Taiwan? If you entered with a resident visa, you surely have a work permit already.


#34

Update: no-one knows what’s going on.


#35

FYI

“new law mandating that all foreign teachers provide their criminal records before they can begin teaching.”

During a press conference on Wednesday, school principals and teachers said that applying for criminal records could take months in some countries. They said that 73 teachers’ applications have been halted due to the new law, causing a serious shortage of instructors. They said they hope the government will have teachers to sign an affidavit and allow them begin teaching while waiting for their criminal records to arrive.

The education ministry says it will explain how it plans to put this proposal into practice.


#36

The implementation of it has been convoluted, confusing and reactionary. Nothing has been clear about this legislation, like for example why it’s only affecting cram schools and not foreign teachers at public schools, private schools and Unis, or why it only affects first year teachers. Why not just go full monty and make it a blanket law for everyone like in South Korea? That’d suck, but it’d be fair. And now this affidavit kind of undercuts and negates the whole purpose of the screening.


#37

BTW… We still don’t know if the OP even has legal work status…


#38

Someone needs to say it. This new rule, and its implementation, is a complete clusterfuck. There, I said it.


#39

I think MANY of us have said it (just in our own ways).


#40

Yes, but it seemed like more colorful language was called for. :sunglasses: