Work with TARC

Hello everybody.

I have a Taiwan residence certificate and am ready to work! I’m hearing different things about the work permit:

a: Labour office tells me that I cant work as a freelancer and that a company has to apply for a work permit for me

b: Labour office tells me that I dont need a work permit

c: friend tells me that I have to do nothing

I dont know what to do now. It is very annoying cause I want to work and not illegally.
Can somebody tell me?

If you are not a student or a spouse of a Taiwanese citizen and have any foreign passport, you are treated as a foreigner as for work permit. If you come under a case listed in Article 51, you can apply your work permit by yourself.

Employment Service Act

Article 79
The provisions of the Act regarding foreign workers shall be applicable to the employment of stateless persons as well as nationals of the Republic of China also possessing the nationality of foreign country(s) but with no permanent residence in the Republic of China.

Article 51
Where the employed foreign worker is amongst any of the following, the requirements as referred to in Paragraphs 1 and 3 of Article 46, Article 47, Article 52, Paragraphs 3 and 4 of Article 53, Subparagraph 5 of Article 57, Subparagraph 4 of Article 72 and Article 74 are exempted, and his/her employer is also exempted from paying the employment security fees as required under Article 55:

  1. A refugee permitted to stay in the Republic of China;
  2. One who has been continuously employed, with permission of the relevant competent authority(ies), to engage in work in the Republic of China, has maintained a settled practice of good-mannered behavior, and has kept a residence in the said territory for at least five consecutive years;
  3. One permitted to live with his/her lineal relative who has a registered domestic residence in the Republic of China; or
  4. One permitted to stay permanently in the territory of the Republic of China.
    The foreign workers as referred to in subparagraphs 1, 3 and 4 of paragraph 1 of this article may, without their employers’ initiation, apply on their own initiatives to the Central Competent Authority for permits to engage in work in the Republic of China.
    Where the performance of contract(s) of construction, sale, technical cooperation and so forth necessitates a foreign legal person to appoint a foreign worker to engage in work as referred to in Subparagraph 1 or 2 of Paragraph 1 of Article 46 in the Republic of China, and where such foreign legal person has not established any branch office or representative agency in the said territory, the business entity with whom such foreign legal person contracted or the agent duly authorized by such foreign legal person shall apply therefore in accordance with the regulations promulgated pursuant to Paragraphs 2 and 3 of Article 48.

Awesome. Thank you!

A post was merged into an existing topic: Tarc, Taiwan ID

So for those who have no permanent residence in the Republic of China and have already renounced their foreign nationality and have no other nationality than ROC, the provisions of the Act regarding foreign workers shall not be applicable and they may work as any other ROC national?

That is my understanding of the article.

Do you know which documents I need? Or is my Tarc just enough?

You will find the application form for a work permit in accordance with Article 51, Section 1,
Clause 1,3,4 of the Employment Service Act at the below page.

https://www.wda.gov.tw/News_Content.aspx?n=7FAD35606C219599&sms=C61580640A6257EF&s=2A7A58C0E5A7DD88

This is a link to a PDF application form, which is written in both of English and Chinese.
https://ws.wda.gov.tw/Download.ashx?u=LzAwMS9VcGxvYWQvMjk5L1JlbEZpbGUvODc4OC82NTYwLzIwMTcwMTEzMDkwNTE4MC5wZGY%3D&n=MjAxNzAxMTMwOTA1MTgwLnBkZg%3D%3D

Here is the part of required documents.

檢附文件:(如加註※者為依申請類別所應加附文件,請依序排列)
(Attachment: If marked “※” should be enclosed according to application category, Please
prepare in order.)
□1.申請表。《正本 1 份,影本 1 份》
1.Application Form《one original, one photocopy》
□2.外僑居留證(或永久居留證)正反面影本各 1 份。
2.One copy of both sides of Alien Resident Visa (or Permanent Resident Visa).
□3.護照影本 1 份。
3.One copy of Passport.
□4.繳交審查費之郵政劃撥單收據正本或可至本機關收費櫃台現場繳交。《每人新台幣 100 元整》
(10042 台北市中正區中華路一段 39 號 10 樓)戶名:勞動部勞動力發展署聘僱許可收費專戶。劃
撥帳號:19058848
□4.Please submit the original of the receipt for Postal Giro or personally get to the
counter of the Workforce Development Agency to made the payment.
(NT$100 per person.)
Account Name: 勞動部勞動力發展署聘僱許可收費專戶。
Post Account No.:19058848
※□5.依親對象之身分證明文件影本。
5.The ID certificate photocopy of the relative (in Taiwan) you depend on.
※□6.難民證影本。《獲准居留之難民需檢附》
6.Photocopy of Refugee Certificate. 《Applicable of refugees permitted to reside.》

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Apparently so, but not including Mainland/HK/Macau residents.

Article 80
Unless otherwise provided for in the applicable laws and regulations, the relevant provisions in chapter 5 of the Act shall govern, as the nature of the matter involved therein sees fit, the employment of Mainland China residents to work in the Republic of China and the administration thereof.

“Chapter 5” of the ESA is the chapter for foreigners (Art. 42 to 63).

Art. 13 of the “Laws and Regulations Regarding Hong Kong & Macao Affairs” applies chapters 5 to 7 of the ESA to them, with some exceptions for those who have Overseas Chinese status.

Hello Tando,

Thanks for the useful information. I also have some queries in this regard, but they are slightly different than the above.

I have a spouse based ARC and just recently I have applied for naturalization. We wanted to have a divorce before but we put it off until this time. So, whether or not it is approved, we’re going to get divorce anyway. And if it gets approved, we don’t want to wait for another year until I get my Taiwanese ID. Now my questions are:

  1. If I divorce my wife right after getting my TARC, will I still have OWP?
  2. Will I need to leave Taiwan if we divorce before I acquire the citizenship (getting Taiwanese ID)?
  3. And any other consequences I might face?

Thanks in advance.

Please consult to a lawyer to get more certain information.

Though I am not sure, I think the chines info pasted below indicates your TARC would not be canceled, even if you divorce after you get the card. Flowchart for naturalization also lists documents you need when you divorce after getting TARC. (I am sure that APRC will not be canceled, when you divorce after you get it. )

I am sure that TARC will not be canceled after you divorce, if you have a custody of Taiwanese child, and you don’t need a work permit.

If you have a TARC and renounce your original citizenship, you don’t need a work permit.

If your TARC might be canceled, you should leave Taiwan.

臺灣地區無戶籍國民連續居留或居留滿一定期間申請定居送件須知
https://www.immigration.gov.tw/ct_cert.asp?xItem=1088342&ctNode=32596&mp=1

二、 適用對象:

(一) 以下列事由取得居留許可之臺灣地區無戶籍國民(以下簡稱無戶籍國民)與其隨同居留之配偶及未成年子女,已在臺灣地區連續居留或居留滿一定期間,仍具備原居留條件者:
3.
以歸化取得我國國籍事由取得居留許可者。

Flowchart for naturalization
https://www.ris.gov.tw/c/document_library/get_file?uuid=048ee13c-9ba0-4cec-8b51-cc902e48309a&groupId=10157

Thanks for your quick reply tando,

Luckily, we don’t have any kids yet, though I am not sure if it could benefit me in this case.

Also, I am not sure if TARC is issued before renunciation or after one submits it. I just checked the Nationality Act which says

"Article 8

A foreign national or stateless person who applies for naturalization files the application with the MOI and shall acquire the nationality of the ROC from the date of the permission."

So, from the above I assume that one is considered to be a citizen after his/her application for naturalization is approved. Although I am doubtful about my working rights if I divorce my wife.

Please see the link https://www.taiwannews.com.tw/en/news/3048303

I hope someone here can answer my questions.

There are two kinds of nationals of ROC. Nationals with household registration and nationals without household registration. Nationals without household registration have a nationality, but do not have full rights (citizenship) of ROC citizen, and they need (T)ARCs to stay here.

After your application of naturalization is approved, you get a TARC as a national without household registration. You should renounce your original nationality within a certain period, maybe 1 yr, otherwise your naturalization may be revoked. After you stay in Taiwan on the TARC for a certain period, maybe minimum is 1 yr, you can get your households registration, a full citizenship and national’s ID card.

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