Alien Resisdent Certificate(ARC) Cancel - Waiting for Work Permit?

Hi,

Well here is the thing,My ARC is actually valid till September 2013, However, This was Issued when I was a student doing my masters here. I have already graduate in Feb, So actually It has been nearly two months since I have been here after that. I was assuming that the only way I can get into trouble was if i exceeded SEP 2013, In the mean time I found a job (in mid FEB). The company told me that they are processing my work permit and just asked me to stay low and not tell anyone i am emploed since it is actually illegal.

It has been nearly a month but my company says the work permit is still under processing. The thing is that yesteday morning I got a letter from the Immigration Office saying that since the reason of ARC /resident permit (student) is over( I already graduated two months back) , I must now leave Taiwan before 5th April i.e next week.

My company has already applied the work permit but not sure when it will be completed. I am not sure how to proceed since i do not want to break the rules and overstay the arc. But I do have a proper contract and an offer plus a work permit under processing.l am planning to give a visit to the ARC office on Monday and tell them that I am waiting for the application to be completed and also show them the contract. However, I am not sure of the process and any advice how to deal with this situtation?

THanks a lot

What kind of visa do you have in your passport? I can tell you that I had a visitor visa that expired while I was waiting for my ARC, and immigration told my employer who told me that I didn’t need to go on a visa run since the paper work was already in and I was just waiting for the ARC. The draw back of going this route is that you have to trust your employer not to screw you. Not having a valid exit visa gives them considerable leverage against you (ie, you can’t leave the country without paying a penalty and getting a ding on your record until you get the ARC from your employer). They might hide it from you or drag their feet on the paperwork to exploit the situation (at least that was my big concern during the week after my visa expired while I was still waiting for the ARC).

But I think you need the work permit first, then apply for the ARC. Talk to your employer and ask them when they will apply for the ARC. It’s not unusual to find out that your employer already has these things and just hasn’t told you about them. If they don’t know, they can at least inquire with immigration on your behalf about whether you need to do the visa run or not.

Best of luck!

If I had a penny for each time I type this. I know OP has left but it is important that everyone remembers these details:

  1. The date printed on your ARC is FOR REFERENCE ONLY. Once the reason for your being here ends -your studies, which OP finished- so does the ARC. Hence the school told NIA OP was no longer a student, hence canceling the ARC. That is why OP’s ARC is no longer valid.

  2. In this case, a visa run is the best bet. As do_japan says, if the OP does not need a visa to enter Taiwan, OP would probably have 3 months to process ARC/work permit at leaiusre… once visa run is completed.

  3. It is the company that applies for the work permit, and then OP can apply for ARC. In that order.

  4. Do remember if a foreigner graduates from a local university, minimum salary is eve loger than avaeage foreigner -not 4O something but 38 I believe.

  5. Under no circunstances -or similar circunstances as OP- overstay. That would cancel all work permit procedures and get you a nice kick in the bottom out of The Island.

Icon’s post has valuable info. Thanks Icon.

[quote=“Icon”]If I had a penny for each time I type this. I know OP has left but it is important that everyone remembers these details:

  1. The date printed on your ARC is FOR REFERENCE ONLY. Once the reason for your being here ends -your studies, which OP finished- so does the ARC. Hence the school told NIA OP was no longer a student, hence canceling the ARC. That is why OP’s ARC is no longer valid.

  2. In this case, a visa run is the best bet. As do_japan says, if the OP does not need a visa to enter Taiwan, OP would probably have 3 months to process ARC/work permit at leaiusre… once visa run is completed.

  3. It is the company that applies for the work permit, and then OP can apply for ARC. In that order.

  4. Do remember if a foreigner graduates from a local university, minimum salary is eve loger than avaeage foreigner -not 4O something but 38 I believe.

  5. Under no circunstances -or similar circunstances as OP- overstay. That would cancel all work permit procedures and get you a nice kick in the bottom out of The Island.[/quote]

My experience does not reflect this.

I turned in my MA thesis and grabbed my diploma in mid July, whereupon I found my diploma was actually dated for June. My ARC, which said I was a student, was valid until September 2013, and I asked at both my school and at the NIA whether I would be allowed to stay on it while looking for a job. Both told me that I can stay as long as the date printed on my ARC, and this proved true.

In mid-July I went home for a couple of weeks, not being 100% sure that I’d be able to get back in on my ARC since I was technically already graduated for over a month at that point, but in the end I had no trouble getting back into the country at the end of the month.

I started work on Aug 1, still with the student ARC, but after my organization had already secured a work permit for me from the CLA. On the first day of work, they handed me the relevant papers and told me to find time to head to the NIA and change my visa. I did that yesterday, no problems. Now I just have to wait a couple weeks before I get back my brand new ARC with “reason for stay” listed as work.

Hope this helps someone in the future.