APRC - Does switching visa types reset clock?

[quote=“Vertigo”]Hello all,

I have been in Taiwan for almost 5 years now so I’m trying to figure out if i’m eligible to obtain an APRC. [color=#FF0000]I have heard that switching from one visa type to another resets the 5-year clock[/color]. When I first came to Taiwan I was already married to a Taiwanese woman so I got a marriage visa. After being here for 2 years, we got divorced. Before cancelling the marriage visa I applied for a work visa through my school, then cancelled the marriage visa. I have since had the work visa for almost 3 years without any interruptions. I have switched schools, but those were smooth changeovers, so I have consistenly had valid visas for 5 years without any “gaps”.

[color=#FF0000]So my question is, by switching to the work visa from a marriage visa, did I reset the 5 years?[/color] If so, I guess that means I still have another 2 years to go, rather then being eligible for it later this year. :cry:

If anyone can answer my question it would be greatly appreciated!![/quote]
Well now. An entirely new situation. Very interesting. Here’s some scoop and some recommendations.

Switching from one visa type to another visa type [color=#FF0000]DOESN’T NECESSARILY [/color]reset the 5-year APRC clock. Here are a couple situations where it won’t as long as you don’t allow your status to expire.

  1. Employment based ARC changing to JFRV ARC.
  2. Employment based ARC from one company to employment based ARC for another company.

I went from a Visitor Visa, to an employment based ARC, then to a JFRV ARC before getting my APRC back in 2006. Everything was cool for me because I didn’t have any “breaks” from changing my visa/ARC status. I’ve also known another person who I assisted with the APRC who went from an employment based ARC with one company for one year then changed to another company for three years and then got married and changed to JFRV and applied for the APRC after their total 5th year of maintaining residency without any “breaks” in visa status.

But, what about you? JFRV to employment based ARC? Hmm. This is interesting. So, you applied a work-permit and employment based ARC while you were still married and once that was approved you got divorced? You never had to leave Taiwan and re-enter to get the employment based ARC post marriage? Wow! That would be a first! All people I’ve known who have gotten divorced had to leave Taiwan and re-enter on a Visitor Visa and then reprocess their work-permit and employment based ARC which reset their residency clocks in terms of APRC or naturalization. Perhaps it has been because you paid attention to your visa status very closely and made all the proper arrangements BEFORE signing the divorce papers. All the others I’ve known signed the divorce papers first, then tried to process the employment based ARC, but then were required to leave. This might be the reason. You might be a good case study on how to divorce in Taiwan, but not have to leave. Hmmmmm. :ponder:

Opinion: I don’t see any issues with your APRC application moving forward and getting approved. If you have maintained 5 years of ARC residency with the 183 days per year requirement, I don’t see any reason why you shouldn’t be eligible.

Recommendation: Make an appointment with the NIA officer who processess APRC applications and have him/her run your record and do an an initial screening to find out when you will be eligible to apply for the APRC and whether or not the change from marriage JFRV to employment based ARC makes any difference since you never had a “break” in visa status or had to leave Taiwan to reprocess your ARC.

Please share the results of your meeting with the NIA officer.