APRC Application Procedures (Official Checklist)

Legal Visa & Residency
61

[quote=“bobbyanalog”]My head hurts…can’t believe that 3 day overstay has made me uneligible for my aprc…I think I would have left a while ago had i known this…I spend about an hour a day trying to find solutions and so far these are my options…

1.wait it out 3 more years
2.go home

everything truly criminal can be handled with a red envelope but something as minor as this can screw you over for years…

anyone with any real knowledge know how far up one would have to go attempt a pardon on the overstay?..I think it’s actually out of the hands of the aprc issuer, from what I understand they physically cannot process the application on their computers since the overstay comes up as a red flag and cannot be bypassed…???[/quote]Ok. True story. Personal experience, no second hand information.

Once upon a time, I had a Canadian friend who consulted with me regarding the APRC, the income requirements, the time requirements, etc. I instructed him to have his employer at least declare $35,000/month of the actual $80,000/month he was making and also instructed him to not allow his working ARC to lapse for any reason. I showed him the date on his current ARC and instructed him that he needed to maintain it for 7 years from that date in order to apply for the APRC because he was not married on a JFRV. (The law hadn’t changed to 5 years yet) He did a wonderful job at renewing his ARC on time every year and he was at about the 4 year mark when he received an official letter in the mail from the local police station. We opened it on a Friday afternoon and it was a deportation order which specifically said that he had to leave Taiwan the following Monday due to cancellation of his ARC and work permit! WTF?!?! So, he called his school and asked them WTF?!? It had just been three weeks ago that he went through the annual ARC renewal procedures, health check, miraculously passing the drug screen, etc. and turned his paperwork into the secretary who filed all the paperwork and who had taken care of it for the past 3 years! Why was this happening? Answer: The school was moving locations. This was already known to everyone, however, instead of transferring the school’s current location license to the knew location, they just cancelled their license and would re-open the school with another name on paper to save the hassles of a transfer. Easier this way. When they did this, they cancelled his ARC without realizing it! Duh! Also, the secretary that had handled everything so wonderfully for the past three years was quitting because of a conflict she had with a manager and so she took my friend’s paperwork and filed it on the bottom of the inbox and took no action! OMG! So, after his work permit and ARC were cancelled, the FAP sent out the official notification that he had to get out of Taiwan by Monday! I figured he would have to get out, do a visa run, come back, reapply for a new work permit and ARC and his clock would be reset back to zero. That’s the way it should have worked, right? Yeah. But, I suggested that he take his school manager to the FAP bright and early Monday morning and that she tells them that everything was her fault or the company’s fault due to this disgruntled employee, etc. etc. zub zub, and that my friend was completely not at fault, had done his health check three weeks in advance, miraculously passing the drug screen, etc, etc. Also, to take all of the paperwork with them to show proof of their assertions, and also a fat red envelope just in case.

Conclusion:

There was quite a bit of guanxi involved in these negotiations, but as far as my friend and I know, no red envelopes changed hands. They accepted his renewal application, backdated the paperwork, brought his ARC back to life, put a 30 day extension stamp onto his paper ARC so that the renewal could be completed in time. He didn’t have to leave Taiwan or do a visa run or get a new ARC. He didn’t have a time gap and when he hit 6 years he was able to apply for his APRC a year early because they dropped the requirement from 7 years to 5 years! He recently got his APRC! However, remember that this was back in the days of the FAP and not the National Immigration Agency and my friend never actually left Taiwan and he never dropped from ARC to visitor and then back to ARC during this time.

How about you? All might not be lost. When you spoke to the National Immigration Agency the other day, did you give them your ARC number and have them run your history or did you just mention that you had an overstay? Unless they run your ARC number they will just give you a standard blow off answer, “You had an overstay? Oh your clock gets reset.” I would go into Immigration and have them give you a print out of your record so you can visually inspect whether or not you have a status or time gap. Did you actually have to leave Taiwan due to your overstay? Did you go from an employment ARC status back to visitor visa status and then re-process a new employment ARC to include a new ARC number and date on the front? If you dropped employment ARC status to visitor visa and back to employment ARC status there is not much you can do about it. I have another friend who is in exactly the same situation as you. He has had to wait another three years from where he dumped his employment ARC status and reverted back to visitor visa and reprocessed to employment ARC status, all because he forgot to renew his ARC on time! Duh. We will submit his APRC application this coming summer.

62

I gave them my arc number on the phone and they quickly said I’m due right away for my aprc…it wasn’t untill i inquired about the overtsay that she spotted it and said, “right, yes you will have to wait 3 years.”…now before anyone calls me an idiot for asking about overstays, understand that regardless she was not gogign to process an aprc on the spot over the phone…i asked to maker sure because I was SURE it would be recognized at the time of actual application…but, the fact that she initially thought i was due makes me hopeful that i did not go from arc to visitor to arc…i’ll check my passport for stamps

63

Sorry if this has been covered already, but my quick glance thru the back pages in this thread didn’t answer my question…

How do you go about getting a 5 year criminal check if you’re from Canada? I’ve never heard of such a thing. Do you have to be in Canada to get it? What do the authorities want here, a record check from where you used to live in Canada and the relevant local police station there, or the federal RCMP?

I’ve been eligible for an APRC for a while now, and figured I might as well finally get it done this year. I’m planning on a visit to Canada in spring and can get what documents I need then, if one has to be there in person to do so.

Any info/suggestions/pointers would be greatly appreciated. Thanks!

Last question, someone I know here who has an APRC insists there is a limited time one can apply for an APRC after being eligible and that after that time period (2 year if I remember correctly), you can no longer apply. Is that true? I’ve failed to find that anywhere in the application info on the government website.

64

It used to be that you could get a municipal check (local police station), but it seems that this has changed and that the NIA now requires RCMP checks. See this thread for Motorcycle Rider’s description of how to go about it. 120 days for a criminal background check from Canada?

As for time frame, you have nothing to worry about, since you are still a resident. It seems that most people think that there is a time limit from the day you hit your 5 years. This is wrong. There is a time limit if you stop being a resident.

65

I was in exactly the same circumstance as you, except that my overstay was even longer (about 6 weeks). I insisted on filing my application, which was rejected as they said it would be. I then filed an administrative appeal (訴願) against their rejection and won the appeal, whereupon they had no choice but to reverse the rejection and give me the APRC. I have written about this fairly extensively on this board already – do a search.

Edit: Also, next time, I suggest you don’t take the initiative to point out the overstay – you’re just shooting yourself in the foot. I remember at least one other poster here mentioning that he was approved the first time around despite an overstay, either because the agency didn’t notice it or because their policy in this regard is a grey rather than black-or-white one.

66

It used to be that you could get a municipal check (local police station), but it seems that this has changed and that the NIA now requires RCMP checks. See this thread for Motorcycle Rider’s description of how to go about it. 120 days for a criminal background check from Canada?

As for time frame, you have nothing to worry about, since you are still a resident. It seems that most people think that there is a time limit from the day you hit your 5 years. This is wrong. There is a time limit if you stop being a resident.[/quote]
Thanks for that, citizen k. I’m going to try to get my APRC done this year. I’ve been eligible for quite some time now, it’s just that the ‘every 3 year re-new ARC scenario’ does the trick nicely too. There’s little incentive for me to go through the hoops and hassle of getting the APRC done. But I will.

67

Latest handout from NIA at Taipei County:

Qualifications and documents required for alien permanent resident certificate application (employment or foreign spouse of foreign nationals):

(-- ) Qualifications:

  1. Aliens who have legally and continuously resided in Taiwan for 5 years during which they have resided over 183 days each year. OR those who have resided in taiwan legally for 20 years, and if within these 20 years there has been a period of 10 or more years, he/she has resided for more than 183 days in a year.
  2. Aliens without R. O. C nationality (father or mother who can’t have R. O. C. nationality).
  3. Over 20 years old.

*Please note: “Aliens who have continuosly resided in Taiwan for 5 years”, it means there was no break in ARC for 5 consecutive years,
i.e. if ARC was issued starting from Jan.1, 2004 until Dec. 1, 2008, but the alien left Taiwan and re-entered Taiwan with new resident visa, and ARC was re-issued on Dec. 20, 2008, even though it was 5 years after Jan.1, 2009, but the alien is still not qualifies to apply APRC because of 20 days break during Dec. 1, 2008 to Dec. 20, 2008.

(=) Documents required:

  1. Application form
  2. Two color photos in 2 inches (background color should be white).
  3. One original of detailed entry & exit records from ROC (will be offered by our office) [color=#FF00BF]Meaning for this document and this document only it is not necessary to get it yourself[/color]
  4. The original & photocopy of applicant’s current/old passport, the original will be returned after verification. (Please copy the pages with basic record, Taiwan entry & exit stamp, Re-entry Permit and Taiwan visa, please copy the pages all in A4 size).
  5. The original and photocopy of the applicant’s current/old Alien Resident Certificate. (Please copy in A4 size).
  6. A Health examination report (Type B), valid for 3 months from the date of issue. (Applicants should have a physical examination in the regional hospital or medical academic center assigned by the National Health Administration).
    The items of checkup should include:
    (1) Chest X-Ray for Tuberculosis.
    (2) Serological Test for HIV.
    (3) Stool examination for parasites.
    (4) Checkup for Leprosy.
    (5) Other checkup items specified by the center health administration organization.
  7. Original Police Record issued by the applicant’s country of origin, valid within 3 months from the date of issue.
    Please choose one option of the followings A, B or C
    (A) Original and the translation of Chinese text of Police Record issued by foreign government both shall be authenticated by the R.O.C. Embassy abroad.
    (B) Original Police Record issued by applicant’s country of original should be authenticated by the R.O.C. Embassy abroad, and the translation of Chinese text can be notarized by the District Court or Private Notary
    © Original Police Record issued by the applicant’s Embassy here in Taiwan can be verified by the Bureau of Consular Affairs of the Ministry of Foreign Affairs in Taiwan, and the translation of Chinese text can be notarized by the District Court or Private Notary.
    *Please note: For American citizen, if the police record issued by the City or Country Police Bureau which should be sent to FBI CJIS DIVISION for further report.
    Address: FBI CJIS DIVISION – Record Request 1000 Custer Hollow Road Clarksburg, West Virginia 26306
  8. Police Record issued in Taiwan and valid with 3 month from the issue date.
    (Taipei County Government Police Bureau: No.32, Fuzhong Rd., Banciao City. Taipei County)
  9. Financial assets *Choose one option of the following (A) or (B)
    (A) Salary Certificate or Withholding & Non/Withholding Tax Statement showing the average income for each month for the last one year is twice as much as basic wage (NT$ 34,560/per month) set by Council of Labor Affairs of Executive Yuan
    (B) The property evaluation was more than 5 million dollars
    a. Certificate showing Account Balance for the last one year> this certificate is valid within one month of the issue date.
    b. Real Estate Appraisal Report issued by the Ministry of Economic Affairs> copies of company’s license and business registration with Company’s and chief’s personal seals.
  10. Copies of the latest 3 years Work Permit issued by the government authority
  11. Employment Certificate with company’s and chief’s personal seals (valid for 1 month from the date of issue).
68

[quote=“Northcoast Surfer”][quote=“Chris”]The term “calendar year” refers to a full Jan 1 - Dec. 31 cycle, regardless of date of entry.

So. It’s not date of entry into Taiwan, Republic of China that is important. It’s the date printed right on the front of your ARC and the only ARCs that count are JFRV marriage or employment. Student ARCs are not counted. Hope this helps.[/quote][/quote]

So I arrived Taiwan Feb 2005 for work, got my ARC in August (the date on the old one) and according to you I am eligible for a APRC August 2010. But back in 2005 they taxed my income for the whole fu… year. So it’s ok to collect tax money for the time I’ve been here, but it’s not allowed to start the “clock” from that time? Then I will go to their office and ask them to return the tax money from Feb until August - since I wasn’t here technically, why should I pay tax for that time.

69

OK, I have the thing in my pocket already. Quite frankly, I expected it to be harder. It was quite simple, straightforward and cheap. If you ask me, it is worth the effort… and the pain from the vaccines (ouch!)

Free! Free!
:discodance:

70

Congratulations!

But cheap? I thought those things cost NT$10,000. Have they gotten less expensive?

71

The procedure, the procedure…

And anyways, what tag would you put on freedom?

72

[quote=“Icon”]OK, I have the thing in my pocket already. Quite frankly, I expected it to be harder. It was quite simple, straightforward and cheap. If you ask me, it is worth the effort… and the pain from the vaccines (ouch!)

Free! Free!
:discodance:[/quote]Congratulations on gettin your APRC! Welcome to the club! :bravo: :notworthy: BTW, have you applied for your Open-Work Permit yet?

73

The term “calendar year” refers to a full Jan 1 - Dec. 31 cycle, regardless of date of entry.

The difference is as follows (my date of entry being Sep. 15, 2004):

Years from date of entry:
My five years are completed Sep. 14, 2009.

Calendar years:
My five years are completed Dec. 31, 2009. (i.e. the five calendar years of 2005, 2006, 2007, 2008 and 2009).

Anyway, it looks like my question has been answered.

[/quote]

I would like to check this, since strictly the requirement is only for 183 days residency per year, so I guess your 5th year residency would be complete by the 183rd day of that year (june 3, unless there is a leap year, in which case june 2)

Or was this clarified?

74

[quote=“itakitez”]
I would like to check this, since strictly the requirement is only for 183 days residency per year, so I guess your 5th year residency would be complete by the 183rd day of that year (june 3, unless there is a leap year, in which case june 2)

Or was this clarified?[/quote]

In my understanding, when APPLYING for the APRC, BOTH of the following two elements must be satisfied: (1) a full 5 consecutive years (counted from the date of entry – NOT calendar years) having elapsed from the first date of ARC (or JFRV)-based residence until the final date of ARC/JFRV-based residence in the qualifying period AND (2) 183 days of ARC/JFRV-based residence in each year of residence. These two elements are related but are not the same thing.

Therefore, the applicant in the example above still has not met the first element until September 14, 2009, and may face rejection if they attempt to apply on June 3, 2009.

To be perfectly safe in practice, moreover I suggest that an applicant should ideally apply once he or she has not only met both of these requirements but furthermore satisfies them in terms both of 183 days of ARC residence per 5 consecutive years from the date of entry and per 5 consecutive calendar years, because the law is slightly vague on the definition of “year” with respect to element (2) above. (The law is also vague on the definition of “year” in element (1) above, but I have seen at least one court judgment that interprets it as starting from the day of entry.)

Once you have received an APRC, to maintain it you then must reside for 183 days in each CALENDAR year following issuance of the APRC.

75

[quote=“Icon”]9. Financial assets *Choose one option of the following (A) or (B)
(A) Salary Certificate or Withholding & Non/Withholding Tax Statement showing the average income for each month for the last one year is [color=#FF0000]twice as much as basic wage (NT$ 34,560/per month)[/color] set by Council of Labor Affairs of Executive Yuan[/quote]

Does this mean the basic wage is NT$34,560/month and I’d have to make twice this (i.e. NT$69,120)?

Or does it mean that NT$34,560 is twice the basic wage?

Also, can this be averaged out over the year? I can make over NT$100,000 a month in the winter peak season, but in the height of the summer slow season I have made as little as NT$10,000.

Another question: Has anyone successfully completed their American FBI background check procedure? If so, how long does it take between initial mailing of fingerprint cards to receipt of completed background check? I need to know this as soon as possible because I’m going to the US next month, and will be there for a couple months.

76

Yes. The basic wage is NT$17280.

77

[quote=“Chris”][quote=“Icon”]9. Financial assets *Choose one option of the following (A) or (B)
(A) Salary Certificate or Withholding & Non/Withholding Tax Statement showing the average income for each month for the last one year is [color=#FF0000]twice as much as Taiwan’s basic wage of 17,280/month (NT 34,560/per month)[/color] set by Council of Labor Affairs of Executive Yuan[/quote]Also, can this be averaged out over the year? I can make over NT$100,000 a month in the winter peak season, but in the height of the summer slow season I have made as little as NT$10,000.[/quote]You betcha. It doesn’t matter how much money you make per month as long as you are over 2x Taiwan’s basic wage for the entire tax year. So, let’s do some basic math,… Taiwan’s basic wage of $17,280/month X 12 months = $207,360 X 2 = [color=#FF0000]$414,720[/color]. So, this is the magical number you have to make for the year. I like to round up and call it $420,000 to make it easier to remember (and to make the number more fun for my Canadian bros). So as long as your income statement says that you made at least $414,720 for the past year, you’re fine. Anyways, who can’t make this amount of money in one year? Where people run into trouble is that their employers don’t always declare the true income and some people fall short of the minimum REPORTED income levels to apply. Don’t cheat yourself out of an APRC by cheating on your taxes! :no-no:

78

is 10,000 not cheap? Sounds pretty reasonable to me

79

My other question still stands:

Has anyone successfully completed their American FBI background check procedure? If so, how long does it take between initial mailing of fingerprint cards to receipt of completed background check? I need to know this as soon as possible because I’m going to the US next month, and will be there for a couple months.

80

Chris
I did mine last July and it took eight weeks to get it done. I filled out the forms and sent in my fingerprint card and seven weeks later, to the day, my background check arrived. As it was getting close to the time I needed to leave for Taiwan, I hand carried it to the LA AIT office, but they informed me that I would have to send it to the DC office for the official AIT stamp. That took an additional week for a total of eight.
Hope this helps.