Hello there,
I’m hoping to get some reliable information to a question I hear conflicting answers to. The situation, in brief:
I’m 23, an Austrian citizen, living in Taipei. My Dad is Austrian. I was born to a Taiwanese mother in 1987. At the time, Taiwanese law was such that citizenship could only be passed on through the father, so initially I didn’t get Taiwanese citizenship at birth. My mom gave up her Taiwan citizenship and acquired Austrian citizenship when I was a preschooler.
I’ve been told that in 2000, the Taiwanese government changed the naturalization laws so that citizenship could be passed on through the mother, and made it retroactive for 20 years. This means that anyone born after 1980 to a Taiwanese father OR mother is eligible for citizenship. I’ve read the original of this law amendment myself, so I’m sure of its veracity.
But here’s the question: I’ve called different government offices several times about whether I can apply for citizenship or not and have gotten different replies. Some say I am eligible. Some tell me that even though the law does not specifically say so, it mainly applies to minors, under 20, and that since I am over 20 it would be very difficult , if not impossible.
How can I know for sure whether I can apply for Taiwanese citizenship or not? Should I consult a lawyer? If so, does anyone know of a good immigrations lawyer?
[quote=“Elisabeth”]
I’ve been told that in 2000, the Taiwanese government changed the naturalization laws so that citizenship could be passed on through the mother, and made it retroactive for 20 years. This means that anyone born after 1980 to a Taiwanese father OR mother is eligible for citizenship. I’ve read the original of this law amendment myself, so I’m sure of its veracity.
But here’s the question: I’ve called different government offices several times about whether I can apply for citizenship or not and have gotten different replies. Some say I am eligible. Some tell me that even though the law does not specifically say so, it mainly applies to minors, under 20, and that since I am over 20 it would be very difficult , if not impossible.
How can I know for sure whether I can apply for Taiwanese citizenship or not? Should I consult a lawyer? If so, does anyone know of a good immigrations lawyer?[/quote]
I think the rule of the retroactivity of 20 years most likely applies only to minors, becasue Taiwan (or maybe even any country) would want young people to come to the nation, not those of 60 year-old ones when it is year 2040. You probably have to ask those divisions under Minister of Foreign Affairs, because they process those immigrant matters on daily basis, so they must have the latest rules to comply with.
I don’t suggest you go to a lawyer. I’ve never heard of a immigration lawyer by meself (I’m Taiwanese). There are quite some immigration consulting firms in Taipei, but I still don’t suggest them. They might charge you big bucks and then tell you it’s impossible. Go get a correct answer first by yourself. If the answer is yes, then consider if you want to hire one or not. Immigration service is never cheap.
[quote=“Elisabeth”]Hello there,
I’m hoping to get some reliable information to a question I hear conflicting answers to. The situation, in brief:
I’m 23, an Austrian citizen, living in Taipei. My Dad is Austrian. I was born to a Taiwanese mother in 1987. At the time, Taiwanese law was such that citizenship could only be passed on through the father, so initially I didn’t get Taiwanese citizenship at birth. My mom gave up her Taiwan citizenship and acquired Austrian citizenship when I was a preschooler.[/quote]
It applies to minors… and my son who is 19 may do just that as he lvies here. How do you know you mother renounced her citizenship from Taiwan. Thats also not easy to do. Just because she did not renew her passport is not the same as renouncing her citizenship. You cannot renounce Taiwan citzenship before you are 40 years of age anyways. SO how old was your mom when you were at preschool.
According to the nationality law which I just happened to have handy you are eligible for citizenship in the same way as a married foreigner if you were born in the ROC.
You would need to hold an ARC for 3 years and reside here for at least 183 days a year. Also there is no financial requirement.
If you were not born in the ROC then you can still obtain ROC nationality but under the same conditions as any other foreigner (5 years continuous residency with a $5m financial requirement).
外國人或無國籍人，現於中華民國領域內有住所，具備前條第一項第二款至第五款要件，於中華民國領域內，每年合計有一百八十三日以上合法居留之事實繼續三年以上，並有下列各款情形之一者，亦得申請歸化：。
一、為中華民國國民之配偶。
二、父或母現為或曾為中華民國國民。
三、為中華民國國民之養子女。
四、出生於中華民國領域內。<< born in the ROC area
if she gets citizenship through her mom, then no she wouldn’t have to give up her austrian citizenship. she can be a duo passport holder.[/quote]
Yet, she can’t, because she’s no longer a minor. So she’ll have to renounce Austrian citizenship to get Taiwanese citizenship by going the same route that’s available to everyone.
[quote=“tommy525”]Yup I think Bis is right . Im in the same boat. And I dis-agree with this policy .
But then the TW gummit is not too worried that I dis-agree with them [/quote]
I feel for you and the OP, bru. Really I do. I reckon a child should automatically qualify for the citizenship of a parent, regardless of the gender of that parent, or where the child was born. I don’t think a person should get citizenship based on being born in a country it’s parent’s are not citizens of, but were merely “conveniently” on vacation in. And I don’t think we should be forced to renounce our original citizen-ships in order to naturalize.
However, each country has it’s laws, however quirky, and regardless of what we think, they wont bother to change anything because we happen to disagree.
[/quote]