I think the reason why they are using passports as a proxy is because technically, the ROC does not recognize PRC nationality (e.g. all PRC citizens from HK or otherwise are not viewed as foreigners). Interesting as a hypothetical thought exercise, though – my best guess is that if they don’t know, they won’t be able to enforce it. Of course, if the NIA finds out eventually, I’m sure that would be grounds for revocation of that status, should they choose to do so.
I think the reason why they are using passports as a proxy is because technically, the ROC does not recognize PRC nationality (e.g. all PRC citizens from HK or otherwise are not viewed as foreigners).
Yes, I agree that this is likely the reason for some of the ambiguous language used in parts of the Taiwanese law, but I’m not sure I understand why it would be applicable here. As Tando pointed out in the TECO-HK link, Taiwan uses the term 外國國籍 in other places, because although they might have ambiguous feelings on how to refer to PRC/HK/Macau “nationalities,” they don’t (and I would think, shouldn’t) have any issues referring to foreign nationalities.
By that logic, it seems that in the form that they ask HKers to sign, Taiwan could’ve phrased it as something along the lines of “you confirm that other than your HK passport/BNO passport, you do not hold any other foreign passports or nationalities.” The omission of the word “nationality” on the form could be a simple oversight, but it seems hard to surmise that’s it’s really what they’re getting at without understanding the drafter’s legislative intent. It’s also notable that the form doesn’t talk about renunciation of 外國國籍 at all or require proof of it, either.
Like the hypothetical with the HKer whose Canadian passport expired and is no longer a valid travel document – she can attest to this form truthfully and accurately if the interpretation of 未持有 is “does not hold” (as contrasted with “has never held”), right? I just don’t understand how even if Taiwan is aware that she holds an expired Canadian passport and Canadian nationality, that it would matter for the attestations required for this form, because it doesn’t ask about her 外國國籍. Maybe you’re right that it’s what they meant when they drafted the form, but it’s just bizarre that 外國國籍 is not mentioned at all. This is probably a theoretical and uncommon scenario, but for whoever is unlucky enough to come across this and decides the challenge any subsequent revocation, it might be up to the courts to decide.
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FYI
2005/1/28內政部台內戶字第09400762762號 有關大陸地區人民、香港澳門居民及台灣地區人民取得外國國籍之身分認定及身分變更登記相關事宜乙案。
【說明六】香港、澳門居民如已取得外國國籍，並持有該外國護照者，依香港澳門關係條例第4條規定，持有英國國民(海外)護照或香港護照以外之旅行證照者或持有澳門護照(或葡萄牙結束治理前於澳門取得之葡萄牙護照)以外之旅行證照者，其身分即非屬香港、澳門居民，而係為外國人。
香港澳門居民申請臨時入境停留作業規定
https://www.immigration.gov.tw/5385/7244/7250/7296/停留/30156/
三、在香港或澳門出生者。香港澳門居民係指具有香港或澳門永久居留資格，且 未持有外國護照（不含 BNO）或雖持有葡萄牙護照但係於葡萄牙結束治理前於澳門取得者。
It seems it is OK you hold BNO as far as you don’t have a passport at least if you were born in HK.
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Quick question (I’m the OP; Thanks for all the replies and comments in the thread!)
My family has decided to make the move if the following is possible since the I want to make sure I interpret the phrase “physically present in Taiwan” correctly.
It would be extremely difficult for me, with my current professional obligations, for me to do the 1 year in Taiwan, straight up. However, if I’m able to commute between Taiwan and the United States/Canada, once a month for a week outside of Taiwan (12 weeks out of the year, 84 days) and spend the remaining 280’ish days in Taiwan, I could satisfy the requirement “physically present in Taiwan” requirement for HHR in 2 years.
Is my interpretation correct? Thanks in advance.
in that case., you need 2 years.
或居留滿二年且每年居住二百七十日以上
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Sorry if I’m posting in the wrong place, I’m new here. I have a Taiwan passport (NWOHR). My father (died in 1995) has HHR, Taiwan Passport with National ID. I was born overseas. Is there a way for me to get National ID without residency?
No. Not even if your father was still alive.
Although a new immigration law will take effect soon (nobody knows when yet) in which you will be able to claim residency rights without any prior residency requirements.
Of course, your situation is unique in that your father is no longer alive, so that may present an additional hindrance.
I’m curious. Why is the residency requirement an issue? I assume you plan to live here if you want to claim residency rights? Otherwise there is not much benefit in doing so.
Thank you for taking time to answer my question. I appreciate it a lot.
Good question. I travel a lot and I’m at an age where I should travel while I still can (staying 365 days in one place would be difficult. I’m trying to include Taiwan as a possible retirement place. Also, a NWOHR feels like a “second class citizen”.
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If the residency thing is a hinderance, you can always wait until you retire to move here and begin the process at that time.
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