I’ve lived on an off in Taiwan since 2002, but this is my longest consistent period since the APRC laws when down to 5 years. I have a couple of questions.
I got an ARC in Taiwan in September of 2014, but left the country for 2 months and let it expire, then came back and got a new one in Sept 2015. Does my 5 year term start in 2014, or 2015? It used to be that the term of legal residence had to be unbroken, but I’m not clear on the current law.
Most importantly, I’m assuming that my term starts in Sept 2015. But as I understand, the law also says a year is January to December. So does that mean the clock doesn’t start counting until January 2016?
This is pretty important, mostly because I have to increase my salary starting either RIGHT NOW (really 2019, but as per the contract NOW), or I can wait another year to work more. The boss needs an answer ASAP. Thoughts or ideas?
We cannot know. There is no way we can know for sure unless…
Go to NIA. Ask them for a study of your case, wher ethey will give you a printout of entries and exits. They are the only ones who know for sure. They can tell you how long you have to wait.
This is the first step before you do any other when you want to get your APRC.
I’m sure someone out there knows. Many foreigners arrive late in the year because of the semester system and they’ve probably either been allowed apply late in the year or been told to come back later.
And I’m sure many have apply with a break in their time holding an ARC, and been allowed to apply or told to come back later.
I’m not asking for promises, just other’s experience.
To make a correct contract, you need to know for sure. If that is such important, why not you go to NIA, and ask them for the precise date that you can apply for your APRC.
I think your old ARC is not included in the 5 years.
Literally, no time to ask, and I have my doubts they would answer since I’m not close yet.
It’s a simple matter, has anyone here ever got their first ARC late in the year, maybe August or September, and applied for an APRC 5 year later also late in the year?
I’m hoping to hear from at least one person who has been in a similar predicament.
Sorry, what is “iiuc?” Is that what you did, you applied late in the year? I know if it was before the middle of the year (183 days) it’s not a problem, but for me it’s in September.
Yes, the confusing part is that I’ve done that, or will have done that. I got an ARC in Aug 2014, stayed until Aug 2015, then I left the country, my ARC expired, and I came back and got a new one. The 183 isn’t the issue. So by Aug 2019, I will have been living here (rare future perfect progressive tense) for 5 years, at least 183 days in each year. However, from what everyone says about this, it seems that the break in legal residency is a problem. The law, at least as interpreted and translated, isn’t clear. But the fact is I’ll have to wait another year.
Also you’re quoting from the law regarding naturalization, which I’m not considering just yet, though it seems the same.
Anyway, @Alex1000’s answer settled the second question, which was the most important.
Sorry about that, I’ve got naturalization on my mind The Immigration Act does indeed say similar things about permanent residence:
Article 25 An alien, who has legally and continuously resided in the State for five (5) years and for more than one hundred and eighty-three (183) days each year, or the alien spouse and/or children of a national with registered permanent residence in the Taiwan Area who have legally resided in the State for ten (10) years, during which period they have actually resided in the State for more than one hundred and eighty-three (183) days each year for five (5) years, may apply to National Immigration Agency for permanent residence if they meet the following requirements. The foresaid periods shall not include the period of staying (residing) in the State by any of those aliens whose residence in the Taiwan Area is permitted due to studies or employment in the Taiwan Area as approved by the central authorities in charge of labor affairs or the field of their employment pursuant to Subparagraphs 8 to 10, Paragraph 1 of Article 46 of the Employment & Service Act.
Your old ARC was expired before you got a new one, so your residency is not continuous. 1 year on your old ARC is not counted.
I THINK it is 5 years since you get your current ARC, so September, but if what you need to know is not a precise date but a general rule, you can ask to NIA by phone call.
The Immigration Act does indeed say similar things about permanent residence: