Am I here legally?

So, I just realized something: I don’t know anyone else in my current situation. I think I’d better check and make sure this is legal.
I’m here on a visitor’s visa, though I am a student at NCCU and also a worker at Kid Castle. Kid Castle has my work permit, so they say it’s legal for me to work there, and I never bothered to apply for resident status or an ARC because I’ll be getting married in June and won’t need any of it.

But suddenly I’m nervous about if I should actually have an ARC. I know you can have a student ARC and still work legally providing the workplace has a work permit for you, so I assumed that it was the work permit that makes the whole thing valid, not the ARC. I have an expired ARC number from my last job. That’s it.

Am I OK until I get married or should I worry?

Your situation sounds problematic. Please provide some more details.

You had an ARC; but it was canceled when you left your job / your contract ended. So then you left Taiwan and reentered (when exactly?) on a tourist visa (single-entry? multiple entry? renewable or not? good for a stay of how long?) using a passport from _____________ (what country?). And you have renewed that visa (no/yes (if yes, how many times and when?)?) based on your status as a student at NCCU?

And in June you will be marrying a Taiwanese citizen, not a foreigner here on an ARC, right?

You might want to look at this thread:
http://www.forumosa.com/taiwan/viewtopic.php?f=67&t=97686

[quote=“cranky laowai”]Your situation sounds problematic. Please provide some more details.

You had an ARC; but it was canceled when you left your job / your contract ended. So then you left Taiwan and reentered (when exactly?) on a tourist visa (single-entry? multiple entry? renewable or not? good for a stay of how long?) using a passport from _____________ (what country?). And you have renewed that visa (no/yes (if yes, how many times and when?)?) based on your status as a status as a student at NCCU?

And in June you will be marrying a Taiwanese citizen, not a foreigner here on an ARC, right?[/quote]

You nailed the situation on the head, for the most part. I’m from the USA. So’s my passport. I left for HK in January, came back on the 14th. My Visitor’s Visa just was renewed and will last me until July 15th or so I think. My visa is renewed based on my status as an NCCU student. My fiance is indeed a local Taiwanese. We’re considering doing a court wedding on Monday and just getting me a JFRV as soon as possible. Would that be a good idea?

If you have a visa then you’re HERE legally. That’s what it says in your passport, right?

If you’re working then you need a work permit. Your school should have a copy. Why not just ask them for it. Tell them you need it in order to apply for your new JFRV. If everything is above board then there is no reason for them to refuse to give you a copy, even if they think your reason is bullshit. If, for any reason, they can’t produce it then you’re probably WORKING illegally.

I don’t know what the rules are for sure, but if you get caught working illegally then that may affect your ability to get your JFRV. Maybe someone else can advise on that. It may result in you being deported, which might make it hard to get married at all.

Once married, I don’t think you automatically get open work rights. I think you have to go through the whole rigmarole of getting your JFRV first. So dashing off to the court on Monday isn’t going to solve the immediate problem. You will still be illegal until you get it.

I think you either have to accept the risk until you get your papers in order, or else just quit the job. In any case, you don’t know for sure until you ask for a copy of the work permit.

[quote=“Loretta”]If you have a visa then you’re HERE legally.[/quote]Correct.

[quote=“Loretta”]If you’re working then you need a work permit.[/quote]Correct.

[quote=“Loretta”]Your school should have a copy.[/quote]Correct. And [color=#FF0000]YOU SHOULD HAVE THE ORIGINAL IN YOUR POSSESSION[/color]. Your school supposedly applied for the work-permit on your behalf, but it doesn’t belong to them. The work-permit belongs to you and you should always have the original and your company should have a copy of it in their files. I have every single ORIGINAL work permit I ever had while I was on an employment based ARC. Do you have the original work-permit in your hot little hand right now? If not, your employer has most likely hoodwinked you into feeling safe and secure with a cock and bull story that they actually applied for a work permit on your behalf.

[quote=“Loretta”]Why not just ask them for it. Tell them you need it in order to apply for your new JFRV. If everything is above board then there is no reason for them to refuse to give you a copy, even if they think your reason is bullshit. If, for any reason, they can’t produce it then you’re probably WORKING illegally.[/quote]I agree. Excellent advice. At any rate, you have a right to have the original work-permit without any reason whatsoever. It’s yours.

[quote=“Loretta”]I don’t know what the rules are for sure, but if you get caught working illegally then that may affect your ability to get your JFRV. Maybe someone else can advise on that. It may result in you being deported, which might make it hard to get married at all.[/quote]Correct. Loretta might not know what the rules are for sure, but he is right on the money with his assumptions.

[quote=“Loretta”]Once married, I don’t think you automatically get open work rights. I think you have to go through the whole rigmarole of getting your JFRV first. So dashing off to the court on Monday isn’t going to solve the immediate problem. You will still be illegal until you get it.[/quote]Correct.

[quote=“Loretta”]I think you either have to accept the risk until you get your papers in order, or else just quit the job. In any case, you don’t know for sure until you ask for a copy of the work permit.[/quote]Correct.

Nice job Loretta. Excellent, excellent analyzation and advice. :bravo:

[quote=“Loretta”]If you have a visa then you’re HERE legally. That’s what it says in your passport, right?

If you’re working then you need a work permit. Your school should have a copy. Why not just ask them for it. Tell them you need it in order to apply for your new JFRV. If everything is above board then there is no reason for them to refuse to give you a copy, even if they think your reason is bullshit. If, for any reason, they can’t produce it then you’re probably WORKING illegally.

I don’t know what the rules are for sure, but if you get caught working illegally then that may affect your ability to get your JFRV. Maybe someone else can advise on that. It may result in you being deported, which might make it hard to get married at all.

Once married, I don’t think you automatically get open work rights. I think you have to go through the whole rigmarole of getting your JFRV first. So dashing off to the court on Monday isn’t going to solve the immediate problem. You will still be illegal until you get it.

I think you either have to accept the risk until you get your papers in order, or else just quit the job. In any case, you don’t know for sure until you ask for a copy of the work permit.[/quote]

Thanks, this is an extremely helpful suggestion! I’ll definitely take your advice and get a copy of the work permit on Monday. We’re going to dash into court anyway, maybe, and then straight to the immigration office so we can apply for the JFRV. I think it must be like applying for a resident visa: no one will bother you with overstays or similar problems while a JFRV is processing, just like if your visa runs out while you apply for your resident visa, it’s OK to stay until the resident visa shows up. Thanks.

I suspect the work permit IS valid because: They delayed having me start working for a couple weeks until it arrived. That was a big deal when I started working… They only let me work at one branch where I was secretly teaching in a basement with an escape route hahaha. When the work permit came, they never gave me a copy, nor did my last employer, probably because I never asked for it.
One thing that is weird to me though: They pay me in cash, and I’ve never noticed any real deductions from taxes. That was a red flag… But the school is really close to a police station and police drop in all the time with questions, usually unrelated to me. I don’t know. I’m not too worried, but better safe than sorry I suppose!

One more thing: Loretta, in that other thread, they argue that you’re not allowed to work, work permit or not, without an ARC. I have no ARC (that’s not expired) right now, but just a visitors’ visa. Are you saying that the work permit grants rights to work despite the status of my visa? It would make sense to me: otherwise, what is a work permit if not that? Still, in the other thread someone else mentioned earlier, lots of people disagree with this basic idea.

Just going to the courthouse (actually the household registration office) may not be enough. To get married you first need to show a certificate of singleness to prove you are not married elsewhere. I am not sure where a us citizen gets one but in australia I got mine from the same place that issues birth certificates. That then needs to be notarized by teco in your home country, as well as having an official translation done. All this takes a while - for mine a couple of years ago, it took about a month.

Once you have that, you can get married but to apply for a JFRV you need a criminal background check done by the FBI that also needs ti go to teco. No idea how long that takes for the US but mine in aust took about a month and that was with my mum helping with mailing stuff back and forth.

You cannot begin the process of getting a jfrv without those documents as well as a criminal check from the taiwan police and a health check.

taipeiguide.blogspot.com/2007/05 … aiwan.html

Thanks, this guide is the most complete. I’ll follow this.

You will have to go to AIT and sign an affidavit that you are legally free to marry. AIT will notorize it, and you will have to take it to the court. You may want to try just getting your JFRV without mentioning the work, just show your student visa. Maybe you should quit working until you get it. Then the lack of the work ARC wouldn’t come into question.

You will also need an FBI background check to get your JFRV. Might as well get your fingerprints done while your at AIT to get your free to marry doc.

Good luck to you!
Edit:
The work permit does not grant you the right to work without the ARC, you must have both, I would ditch the job until you get the JFRV.

[quote=“dashgalaxy86”]We’re going to dash into court anyway, maybe, and then straight to the immigration office so we can apply for the JFRV.[/quote]No. It’s not going to work like that.

[quote=“dashgalaxy86”]I think it must be like applying for a resident visa: no one will bother you with overstays or similar problems while a JFRV is processing, just like if your visa runs out while you apply for your resident visa, it’s OK to stay until the resident visa shows up.[/quote]That’s correct. However, you have a very long road to walk before you are going to be able to apply for the JFRV. It’s going to take three months minimum from today IF you begin TODAY! It’s a major time consuming pain in the ass!

[quote=“dashgalaxy86”]One thing that is weird to me though: They pay me in cash, and I’ve never noticed any real deductions from taxes. That was a red flag.[/quote]Weird? Not weird. Disturbing to say the least. Have they given you your white report of Withholding and Non-Withholding Statement so you can file your taxes for the 2010 tax year no later than May 31, 2011? If not, then they haven’t been reporting your earnings to the tax bureau and they haven’t been withholding any of your income to satisfy your tax obligations for the 2010 tax year. They are required to do this in accordance with the work-permit they got for you (or didn’t get for you!)

[quote=“dashgalaxy86”]The school is really close to a police station and police drop in all the time with questions, usually unrelated to me. I don’t know. [/quote]That’s right. You don’t know. They are probably there to pick up their monthly red envelope of pay off money for not busting you and the school for illegally employing a foreigner without a valid work-permit and ARC to go with it.

[quote=“dashgalaxy86”]I’m not too worried,[/quote]Ok. But, I’m worried for you. I’ve seen, heard, and dealt with too many of these type of fuck-jobs. I truly hope for the best for you.

[quote=“cfimages”]Just going to the courthouse (actually the household registration office) may not be enough. To get married you first need to show a certificate of singleness to prove you are not married elsewhere. I am not sure where a US citizen gets one but in Australia I got mine from the same place that issues birth certificates. That then needs to be notarized by TECO in your home country, as well as having an official translation done. All this takes a while - for mine a couple of years ago, it took about a month.[/quote]This is correct. For American citizens wanting to get married in Taiwan the procedures are nearly identical.

  1. Get a certificate of no impediment (certification of single status) from the AIT. Costs around $50 USD.

[quote=“AIT Website Information Regarding Marriage in Taiwan - acs.ait.org.tw/marriage-info.html”]

Marriage & Divorce in Taiwan

Taiwan law regarding marriage is very simple. Effective May 23, 2008, registration of a marriage at the Household Registration Bureau Office (HHR) constitutes a performed marriage. The date of the registration at this office is the effective date of the marriage. The HHR Office’s printed record of the marriage constitutes official evidence of the marriage. However, the HHR office can also issue a “Marriage Certificate” in both Chinese and English for a fee of NT$100, if requested.

Taiwan nationals must register their marriage at their own regional HHR office(s). If both parties are foreigners, they may choose any HHR office. The couple must go to the HHR office with passports; ARC (if applicable); and a prepared written marriage agreement between the two parties, which has already been signed by two adult witnesses (witnesses do not need to appear at the HHR office). Click here for a sample marriage agreement.

Foreigners who want to marry in Taiwan will also need to provide written proof from their home government that they are single and legally free to marry. This document must then be authenticated by the Taiwan Ministry of Foreign Affairs. Because there is no centralized marriage registry in the U.S. to confirm single status, Taiwan authorities will accept a sworn statement of single status (an Affidavit notarized by AIT) from U.S. citizens. Click here for more information on notarial services at AIT. Once notarized by AIT, this Affidavit must then be authenticated by the Taiwan Ministry of Foreign Affairs.

Also effective May 23, 2008, marriages performed by Notaries Public at a District Court are not final legal marriages until they are registered at the HHR Office. In other words, couples who use the District Court must also register the marriage at the HHR office in order for the marriage to be completed under Taiwan law. The Notary Public can only issue a “Certificate of Notary Public,” and cannot issue a “Marriage Certificate.” The official date of the marriage under Taiwan law will be the date that the couple registered it with the Household Registration Bureau, not the date that the couple appeared at the District Court.

Some couples choose to purchase stylized blank marriage certificates from book stores or download them from the internet and complete them themselves. These can be beautiful mementos, but the HHR record printout and/or the HHR-issued marriage certificate are the official evidence of marriage.

For more information visit the Department of Household Registration website at: ris.gov.tw. This site lists the addresses of HHR offices by region and city.

All U.S. states have their own laws concerning marriage and all states generally recognize marriages performed outside of their jurisdiction, provided that the marriage was in compliance with the laws of the place in which it was performed. Since the requirements for legal marriage differ from state to state, U.S. citizens should contact their state for more information about how a foreign marriage will be treated in their state.[/quote]
2. Make an appointment at a court house to get married. You can’t just walk in. After you get married in the court house you MUST take your documents to your local Household Registration and file them or you won’t be considered married.

OR you can totally skip the court house wedding and instead simply go to a book store and buy a simple, DIY marriage kit, fill out the necessary paperwork included and then walk in (without an appointment) to your local Household Registration office and file it. For the low, low, bargain basement price of $220 NTD you can get a marriage package pictured below. You get one official marriage contract which gets filed at the Household Registration Office and you get two decorative marriage licenses in matching(his & hers) happy, happy, joy, joy, red colored booklets as keepsakes. Forever!

The whole package - $220 NTD

The decorative wedding certificate

The official marriage contract to be filed with the HHR Office

[quote=“cfimages”]But to apply for a JFRV you need a criminal background check done by the FBI that also needs to go to teco. No idea how long that takes for the US but mine in aust took about a month and that was with my mum helping with mailing stuff back and forth.[/quote]Correct. This is the totally mind numbing, pain in the ass, time consuming dragfest which can take a minimum of 3 months if you make no mistakes and are really on your toes. If it’s your first time, then it can take longer. Basic thumbnail of the procedures:

  1. Get your fingerprints taken at the NIA.
  2. Send a criminal background check request to the FBI along with the necessary fees and request forms.
  3. Up to three months later the FBI will complete your backround check and mail it to you.
  4. You must then translate it into Chinese and mail the orginal and the Chinese translation to the Washington DC TECRO to be authenticated along with the necessary fees and request forms.
  5. After the TECRO authenticates it, they will mail it back to you in Taiwan.
  6. Then, you submit the authenticated original FBI background check and the authenticated Chinese translation with your JFRV application.

[quote=“cfimages”]You cannot begin the process of getting a jfrv without those documents as well as a criminal check from the taiwan police and a health check.[/quote]Correct.

This is the only place I’ve found where everyone says FBI background check is necessary. I’ve heard that State Background Checks are also OK and only take a week or two. taipeiguide.blogspot.com/2007/05 … aiwan.html You guys worked too hard, sorry to say.

[quote=“dashgalaxy86”]This is the only place I’ve found where everyone says FBI background check is necessary. I’ve heard that State Background Checks are also OK and only take a week or two. taipeiguide.blogspot.com/2007/05 … aiwan.html You guys worked too hard, sorry to say.[/quote]Alrighty then…NOOOOOOOB! Good luck with that then. You’re probably right. We don’t know shit here on Forumosa! :loco:

Seriously dude, there’s a link in my last post that shows that people have experience doing state background checks. What you did of course still worked, but it was above and beyond the minimum requirement. It’s not that I’m right, it’s that others who’ve done it as well also are right.

[quote]I applied for this clearance from the Minnesota Department of Public Safety. The cost is USD 8.00 and may be paid by check or money order. Make payable to BCA. You must also enclose a SASE (Self Addressed Stamped Elephant). Be sure to request that this document is notarized. Mail your request to:
Minnesota Bureau of Criminal Apprehension
Criminal Justice Information Systems - CHA
1430 Maryland Ave. E.
St. Paul, MN 55106

Minnesota is served by the TECO office in Chicago. You need to include US$15, return postage, a copy of your passport, and the notarized document to be authenticated.
Address: Two Prudential Plaza, 57th & 58th Floor , 180 North Stetson Ave, Chicago, IL 60601
TEL: (312) 616-0100[/quote]

I appreciate your help, Northcoast Surfer. You really gave a lot of great information and suggestions. If I can’t get them to cough up a valid work permit for me, I’m going to quit on Monday, and I’ll get started on my JFRV stuff now. I know one couple who did this in 3 weeks total, but I can’t get a hold of them right now, though I left them a message. From the moment you apply for your JFRV to the moment it comes to you in the mail, about how long does that take?

[quote=“dashgalaxy86”]Seriously dude, there’s a link in my last post that shows that people have experience doing state background checks. What you did of course still worked, but it was above and beyond the minimum requirement. It’s not that I’m right, it’s that others who’ve done it as well also are right.[/quote]You’re right and I’m wrong. You can simply use the easy peasy State background check in lieu of the FBI Criminal Background Check.*

[color=#FF0000]*
as long as it’s used before August 15, 2008…because that’s when the NIA changed the policy and now only the FBI background check is accepted.
[/color]

[quote=“dashgalaxy86”]I appreciate your help.[/quote]You are most welcome! :bow:

p.s. Let me know if you would like a copy of my FBI background check procedures package. I email them out free of charge! :discodance:

Not anymore, FBI is the only acceptable way.
Be careful, you are not strictly legal since you failed to follow-up the work permit with the ARC, you may find yourself back in the States for a year, new bride or not.
They don’t like to deport married people, but it has happened in the past.

That’s outdated info. The NIA won’t accept state checks, they now have to be federal.

DASHGALAXY please do not tell me that you are disrespecting the great Northcoast Surfer who puts so much time and effort into his MOST helpful posts. Please show some appreciation of his untiring efforts, and less snarkiness. :wink:

OK then gentlemen, thanks for that sobering news. Can I get a link as to how to get the process started immediately? fbi.gov/about-us/cjis/backgr … und_checks This is all I’ve found. I’m very frustrated that this is coming at perhaps the busiest time in my life… I’m finishing a semester of 21 credits, working 15 hours a week at a job that may be illegal for me, realizing I need to apply for an ARC and do all the shit that comes with it this week (health check), as well as make stops to the courthouse, AIT, etc… That’s what I get for not starting on this earlier, I suppose. Hopefully I won’t be busted for not applying for a student ARC earlier.

Please read my comment above where I thanked Northcoast Surfer by name. No snarkiness was intended. If I had known that the policy had merely changed, I wouldn’t have posted that other site at all.

Northcoast Surfer, that background check procedural package sounds wonderful now. Is there ANY way to tell them to expedite it? Paying an additional fee, perhaps?