An unusual ARC problem!

Legal Visa & Residency
1

This is probably fairly unique but I hope somebody can offer advice…

I am an engineering graduate from Europe who came out to work in Taiwan at the end of last September.

Normally you need to have 2 years work experience to obtain an ARC. In my case this is waived because I came out here through a graduate programme organised by my government and supported by the Taiwanese government. I got a 2 year ARC no problem.

The problem now is that the division of the company I am working for is closing and so at the end of this month my job will finish only 6 months into a 2 year contract. The company will not cancel my ARC until I decide to leave Taiwan or get another job. I know that you can ordinarily transfer an ARC from one company to another. My question is can I do this without having the 2 year problem. That is, once you have an ARC, you have it??? am I just in a lucky situation where I was unusually granted an ARC and now I can transfer it??? I hope you can help.

Thanks

2

Check with the CLA
Council Of Labor Affairs - I know they have a website but I can’t find it at the moment (it’s Monday). Someone help me out here with a link - hmmmm
or ask these guys gio.gov.tw/

3

GOT It !!!

I knew another coffee would help.

Here cla.gov.tw/ it’s in Chinese but that’s the best that I can do only using coffee.

Good luck

4

Legally, once they stop employing you, your company has to apply to have your ARC cancelled. If they decide not to do this, then its convenient, but slightly illegal for you. I guess they could arrange to keep paying you a nominal salary until you were able to get something else. Don’t know about the 2 year experience thing though.

Brian

5

I think you’re confusing the requirements for a work permit and those for obtaining an ARC. Your ARC may indeed be transferrable, but one of the things your new (potential) employer must get for you first is a work permit.
The work permits are applied for at different gov’t agencies depending on the nature of the job, and they almost all have a stipulation that the applicant must have 2 years relevant experience in their field.

6

Yes, ARC

7

Work Permits ARE transferable. I am sure of this. At least I know it is possible for teachers. For work covered by other ministries, it may be different, but I don’t see why.

Brian

8

Work permits are not transferable. You (it should be your employer)has to apply to the relevant Ministry to get one for you to work legally in that company. In a case of an office job it is the MOEA(Ministry of Economic Affairs or something like that). I think now they are streamlining this whole process though, so responsibilities for issuing work permits are going to some other department.

For teaching: it is the Ministry Of Education

Basic requirement to get a work permit for teaching in a bushiban is an undergraduate degree

Office job: Ministry of Economic affairs

2 Years post degree

or

a PhD and zero years experience

There are other combinations too like if you have been in your profession for 10 years, they do not ask for a degree.

ARCs are not transferable but it appears so sometimes

What happens is when you apply or in the process for applying for a new work permit after your old compnay has cancelled your work permit, the Police give you a period of grace either by extending your visa or extending your old ARC (but you have to show proof that the work permit application has been filed) in which time the work permit will be processed. Then you get your new ARC based on your new work permit.

I doubt my explaination is perfect here, but as I understood it, this is what happened to me

Don’t get your company to cancel your work permit. They do not even have to pay you a salary. As I understand there is no cross checking done between the Tax office and the “ARC office”.

What I mean is the MOFA do not check with the tax office on whether a salary as stated in the work permit application is actually being paid.

To give you an example of this, one time I turned up at the tax office filing taxes from two different employers and filed these with no problem, eventhough my ARC was with one employer.

The tax office have no interest in if I was working legally for both companies and were not going to inform on you if you are, they just wanted me to pay taxes on all income derived in Taiwan.

Then do some work on the side, but be careful in case the school or company you work in ILLEGALLY gets raided cause you are going to get kicked out and black listed for 5 years.

I am unsure how long they will allow you to continue with an ARC based on the work permit provided by them after you leave. You would want to check with them. They say it now to you as they maybe feel guilty for giving you the bullet, but I would not depend them extending this for the remaining two years.

I know alot of employers who would not feel comfortable with this situation

9

Sorry, but there have been some recent changes.

Almost all work permits and ARC’s are being handled by the CLA. This includes permits for teachers and office workers.

Exceptions for this include …
Lawyers, Doctors, Airline crew, and other specialist occupations including stock brokers etc.

If you do not fall into these categories then your permit will be handled by the CLA.

BTW, with the CLA handling things the whole process is supposed to be quite a bit quicker.

The employers can sign over your ARC to another employer, but a contract must be signed clearing you from your previous employer and be signed by the new employer. Then, as is my understanding, this form must be taken to the local foreign affairs police to have a new ARC issued with the modifications made.

Perhaps this is NOT the work permit being transfered but it is a definite continuation of the same VISA. A new permit should be a mere formality.

Again, [b]CHECK WITH THE CLA, THE RULES HAVE CHANGED AND EVERYTHING THAT I HAVE STATED MAY NO LONGER BE TRUE. INFACT THE INFORMATION ON SEGUE REGARDING THIS TOPIC MAY ALSO NO LONGER BE ACCURATE…

CHECK WITH THE CLA!!![/b]

I believe that Lawyers work permits are now being handled by the Taipei Economic and Trade Office in Hell :wink: :smiling_imp: :smiling_imp:

10

TNT, sorry but you’re just plain wrong. I know people who have transferred work permits. The old employer agrees to it, the new employer provides proof that they’re legally allowed to hire, and the work permit is transferred. No new work permit.

This has been discussed before:
forumosa.com/3/viewtopic.php?t=6641

Boss Hogg. I may be wrong, but I believe those new regulations haven’t taken effect yet. There was a story int he paper saying the CLA would take over starting next month, but even that seems remarkably fast. I’d be very interested to hear more information about this. It’s a big change.

Brian

11

I believe that you need to qualify this to say that (1) it is within the same industry, (2) the employer is of the same type, and regulated by the same central government agency, (3) the job title is the same, (4) the job position is the same, meaning exact same job duties, (5) the restrictions on “one job, one position, one location” etc., are the same, etc.

Within this FRAMEWORK, I believe that the ARC is transferrable.

However, if you go very far outside this FRAMEWORK, then I think you will run into problems.

My NT$ 2.

12

ummmm… In Taichung county are applications for new teachers are already going direct to the CLA - well somewhere, but it isn’t the Ed. department anymore