What’s the current situation regarding being out of Taiwan, for APRC holders. I heard that the “183-days per year minimum duration of stay for Alien Permanent Residence Card (APRC) holders to maintain their permanent residence” was/is going to be cancelled.
Did that cancellation take place, and were there any new restrictions put in place?
I’m considering being out of Taiwan for most of 2020-2022, so would appreciate any advice here.
Just curious , is this form not for those on Aprc that don’t qualify fully for the 5 year break ? I only ask because when I enquired at the NIA , they told me that I could leave for 5 years and provided I returned within that period , that I did not have to even notify them . As usual , perhaps that was just the officers take on it . Best to check with them .
Pretty sure those who got it by marriage need to apply (just a formality) to get a two year leave which can also be extended by applying again. There’s at least one here who’s done that.
If you arrived at your APRC through work it’s 5 years don’t need to do anything. Call and ask if you need some assurance, but not necessary.
They’re working on an amendment to make it the same for those who have their APRC through marriage but I don’t know the status of it. Seems like an oversight to begin with.
January 1, 2015 - August 5, 2015 - I resided in Taiwan. That’s over 183 days for 2015.
August 5, 2015 - December 31, 2015 - I was outside of Taiwan. I didn’t have to take any action because I’d already resided in Taiwan for over 183 days for 2015.
January 1, 2016 - June 30, 2016 - I wasn’t going to be able to return to Taiwan by July 1, 2016 and therefore I wouldn’t be able to reside for the required 183 days for 2016. So, I filled out the online Exit Case Form on June 30, 2016. I selected the two year option, just in case I needed the full two years. As it turned out, I did.
The online Exit Case Form back dated to January 1, 2016 and didn’t begin from June 30th when I requested it. Why? Because the requirement to reside in Taiwan for 183 days is based on calendar year and not consecutive days. So, I was covered for the period of January 1, 2016 through December 31, 2017.
January 1, 2018 - I was still outside of Taiwan, but I didn’t need to make another request for an additional absence because I still had the opportunity to come back to Taiwan and reside 183 days. The only time I would have had to request another 2 year absence would have been by June 30, 2018 because if I had returned after July 1, 2018, there wouldn’t have been 183 days remaining in the year to meet the requirement.
As it turned out, I returned to Taiwan in May 2018 and didn’t need to make another leave of absence request.
Much thanks. I have APRC through marriage. The 5 year would be useful, but I also feel a 2 year ‘formality’ with an extension on top would also serve me well. I’ll look into doing this sometime in the fall.
Thank you Malcolm for such great information. I have only one question. During the two year period when you were covered, for 2016 and 2017. Do you know what would happen if you flew back to Taiwan for a month or two? Would that have an effect on the hold?
For example, let’s say you came back to visit Taiwan for the month of January 2017 only. Would you still be covered until June 2018?
For sake of brevity, I left out my two returns to Taiwan during this time. I came back twice during my authorized absence. Once for one month and once for 15 days for family funerals. It did not effect my authorized leave of absence.
Just because you are granted up to two years of authorized absence, doesn’t mean that you can’t come back during that time. Oh, and in case you were wondering, you don’t get credit or get to extend your absence based on the one month you may come back.
Act for Recruitment and Employment of Foreign Professionals
Article 18
Where a foreign professional, after having obtained approval for permanent residence from the National Immigration Agency, Ministry of the Interior, leaves the State for more than five years without re-entering, the National Immigration Agency, Ministry of the Interior, may revoke said person’s permanent residence permit and cancel said person’s Alien Permanent Resident Certificate, and the provisions of Article 33 Paragraph 1 Subparagraph 4 of the Immigration Act do not apply.
I do not recommend doing this. Unless things have changed, the extension is based on calendar year and not based on when you ask for it.
So, if you’ve already met the 183 days residency for 2020 and you apply for the extension before the end of 2020, it will back date you to January 1, 2020 and 2020 will be counted as your first year of absence.
Apply for the extension after January 1, 2021. In fact, you can wait to apply for the extension up to July 1, 2021 and it will back date it to January 1, 2021.
I think the online application gives you the option of the years that you want to the exemption. Doesn’t online application give option to select years?
I can confirm what MalcomReynolds has written here.
And the leader of Kaohsiung Office just gave me Chinese written confirmation about it.
For future reference,
If you fly out, try to do that after July to avoid counting backwards.
I did this totally not intentionally, so I was lucky here.
This give me now almost 3 years of possible absence without even an application for a further (2nd) extension.