A brief overview on what happened to my friend:
He is working entirely legally at a buxiban. He did a friend a favor and substituted a class a couple of months ago. The police came. They acted extremely friendly and simply asked him to sign a few documents in Chinese. They said everything would be ok. The police and owner of the school also asked him to please write a statement in English saying he was substituting classes. He, quite innocently, did as he was told.
Everyone said it was ok and nothing would happen. Two months later, he receives a letter saying he needs to leave the country in 14 days.
This entirely unacceptable and wrong on every level possible: morally, rationally and practically.
Anyway, if anyone has information on other who have gone through a similar situation, please let us know.
Overall, this is really an issue which affects EVERY SINGLE ONE OF US. The fact is that 90% of foreigners work side jobs illegally in Taiwan. Any of us could be deported for any variety of reasons. If the government feels they need to crack down on illegal workers: fine. But, do so in the right way, not just randomly lashing out at any white face they see in the school. I love Taiwan and this is just wrong. This country can do better- and usually does.
The situation is such that they’re “coerced” into signing it (e.g. you can’t leave until you sign this paper). There’s no “due process” as we know it in the West in these kinds of proceedings.
The other factor is that (surprisingly), lots of people do not know what it means to be illegally working. In other words, they don’t realize that just because you have an ARC in one school, does not mean you can work legally in another school, even for a day. Apparently this concept is hard for some people to understand or they’re too “used to” the way things used to be and erroneously thought that was the law.
Combination of ignorance and heightened enforcement is catching quite a few people unaware. This has been a busy month for the FAP (and us) :s.
The fact of the matter is, according to the letter of the law, the vast majority of foreigners are working illegally here in Taiwan.
The teachers who are being deported now don’t have fake degrees and aren’t working on visitor’s visa. These are people with legal ARC’s who are working at a school now listed on their ARC.
Think this doesn’t apply to you? You should think again.
Let’s say Hess hires you and applies for your ARC through branch A. Let’s then say you also work at Branch B. You are working illegally. You can only work at the branch listed on your ARC. PEOPLE ARE BEING DEPORTED FOR JUST THIS REASON.
A great answer for all of this would be an informational session held by the CLA. Better yet, hold the buxiban’s accountable, not the foreign teahers.
Either way, the current crackdown is wrong from every single perspective. The repercussions for all teachers and buxiban’s throughout Taiwan is huge. This can only effect Taiwanese students in a negative way, which is a real shame.
I agree. But I’d prefer that the rules were always enforced or that they were changed. If this is just a short term enforcement that won’t continue it would be worse than if this was always happening and buxibans had to start playing things by the book (even if the book is stupid).
this happens every 18 months or so. last time, the bushiban i was at was busy moving all the teachers around, as one of them was caught working at a branch not listed on the ARC.
it seems to get enforced for about a month, and then nothing for another 18 months or so.
Don’t sign anything the police give you. They will lie through their teeth to get you to sign your ‘confession’. Just don’t do it. They can’t stop you from leaving either (even if they claim they can).
What is your take on this ML Mclain? Can someon refuse to sign the papers the police are giving them? What happens in this case? Should someone insist on calling a lawyer? Maybe you can tell us what you think is the best way to handle such a situation if it happens.
As a response to others: This is not the same as past crackdowns. In the past, they never deported people with legitimate ARC’s working at another buxiban. Certainly, they never deported people in the large numbers they are now.
I agree with others who say consistency is what is needed here. There is too much confusion and teachers are nervous everywhere.
Can a teacher refuse, sure they can refuse. What the police will do, that’s another story. Police procedures (and quality) vary. Should people have numbers of lawyers with them or our number in case they need to get that quick translation and assistance?
We’ve considered it and discussed it. It’s feasible for these kinds of situations. No practical experience to date.
Our number is 02-6620-5062. People can call us to find more information about how this might work. Or they can email us at immigration@ml-mclean.com.
I wouldn’t suggest that refusing to co-operate with the police would be helpful. For you to be sitting in the police station in the first place you have no doubt something wrong (you would know this even if they didn’t).
However, I don’t think that it is in your best interests to sign anything that you don’t understand the content of.
I have two suggestions in this case:
Offer to write your own statement in English for them and sign that. At least then you know what you are signing, but be aware that you could be incrimminating yourself.
If they don’t accept the above then writing a sentence or two at the bottom of the Chinese text to the effect of, “I am being forced to sign this form even though I do not read Chinese and although the content of this letter has not been explained to me clearly.” I am not sure if the above has any legal basis, but I believe that it could be used to overturn the validity of the document should you need to do so in the future.
That said, if you are guilty of working illegally you may as well sign the form as you will probably have to leave anyway.
To those who have suggested not signing and not allowing the police to detain you I am curious as to what you base these suggestions on legally? Also how do you suggest one leave the police station as I am sure that the police would not just sit back and watch you walk out? Wouldn’t you just be making the situation worse by attempting to do this?
I just wanted to point out it happened two months ago-seems every year in August/September there is a brief flurry of raids (which are limited in the extreme compared to the number of bushibans). These generate a bit of fear and caution, and it looks as if the police are doing good work. Then everything dies down again. Are they really deporting in large numbers?
I am surprised you were allowed to continue teaching-and not deported immediately. Maybe the police were asking the school to pay a large fine.
I agree with Brian’s points. They seem to be the best ways to handle a difficult situation.
I wasn’t really insinuating that people shouldn’t sign. I was just checking if there was a better way. I think it’s wrong that police are having people sign documents in Chinese when they have no idea what they are signing. Brian’s suggestion to include a caveat in English seems like the only way to handle it. I would be curious to hear if anyone HAS refused to sign.
What about this situation: A teacher wants to do their homework and arrives in Taiwan to visit various schools. As they are doing a demo during their first few weeks in Taiwan, the police come… the teacher signs papers, etc. and is deported. This is particularly frightening. There is no “legal” way to handle this situation and all teachers have begun working this way.
Overall, I believe the system is broken. We have all worked illegally at some point. Some only do so when they first arrive on their 60 day visitor’s visa. The government has never cracked down on this in the past. now it is different. The problem is, there aren’t any alternatives to finding a job here.
I too have heard recently about some deportations, and it concerns me as well. I agree that everyone has been illegal officially at one point or another, and that there simply isn’t any other way to do it.
What drives me crazy though, is that the teacher always seems to get severely punished, but the schools and companies, if anything, get a rather small fine. One of our Japanese teachers at my university in Hualien here got deported a couple of weeks ago for moonlighting one day a week at a Hess kindergarden in Taipei. Granted, everyone should realize now that working at a kindergarden is illegal, and he was taking his chances. But Hess is a very large organization that knows the rules. They will simply grab the next foreigner who is ignorant or desperate and stick him in the kindy and still make their money. Why is it that the government doesn’t crack down on them? It seems obvious that the schools and businesses who employ us should be held for accountable for ensuring, and better yet, assisting us to get the proper papers.
In a court of law, the burden of proof is on them. If they don’t have any proof, then they will not have the ability to deport anyone right away. They will have to go to court.
A few years back, they had to get pictures of the person teaching as evidence. The police officer would walk in and start taking pictures or he would ask you to sign a piece of paper.
When I was in a raid, the police officer told me to stand up and start teaching, but I refused and said that I was just observing and that the real teacher had left. Then, he shouted at me to stand up and start teaching, which I refused to do. He then asked me to sign a piece of paper and again I refused. I said, “I’m just observing. Why should I sign this piece of paper”. He replied and said that we were going to the police station. I said, “OK, let me get my bag”. As I waited for him to go to the station, he walked past me and didn’t even look at me. I asked everyone what was going on and they said to go back to my class.
If I had signed the paper, they would have deported me, but because I didn’t, they would have to go about proving that I was teaching, which would have required a lot more work.
I learned from this episode that they have some burden of proof and if you’re not willing to give it to them. Then, most of the time, they are too busy to try and get it.
So I say that anyone caught in a raid shouldn’t sign.
Great story Cipos… thanks for sharing. Good for you for standing your ground and refusing to sign.
I agree that it’s a real shame that the schools aren’t held accoutanble. They will just find another teacher if one is deported. If the government wants real change they will need to go after the schools.
the current crackdown really is absurd and serves no purpose. I must say I’m confused overall. This really is such a wonderful country and it disturbs me that they have resorted to this… I wonder the reasons?
The Foreign Affairs Police MUST respond to a complaint made against a school thought to harbor illegal foreign teachers. They don’t like to do it, as their kids also study in similar places, but they have to to protect their asses.
They play hardball. YOU play hardball. NEVER
EVER
admit to teaching. And never ever sign a single thing, UNLESS it says, “I was not teaching. I was visiting a friend.”
They are fishing, and if you sign, you bite. If you bite, you’re gone.
I’ve been there too, after our school was reported a year or so ago. Thing is, they told me, “You’re married to a Taiwanese. You can work wherever you want.” The guy also told me “Don’t worry.” I said, “When you go to America and get pulled into the police station and interrogated, see if YOU can relax!”
He laughed.
Always deny. It makes it easier on everyone…unless you wanna break up with your SO and are a wuss about it…
