Hello folks I saw a thread from a few years back regarding the APRC and how long one could and could not leave Taiwan for once it was obtained. I was wondering if anyone had more up to date information / knew where to find it?
Kind regards.
IIRC it depends on whether you get it via work or marriage. If you obtain it via work, you can stay away for just under 5 years.
Let’s see if anyone can find the original thread and confirm or contradict my statement.
Under Part 7 Notes:
Article 19 of the Act for the Recruitment and Employment of Foreign Professionals says:
So my understanding is you can stay outside Taiwan for…
APRC as Spouse of Taiwanese < 0.5 years
APRC as “Foreign Professional” or Spouse thereof (I guess this means white collar worker according to link) < 5 years
APRC as “Foreign Special Professional” (Gold Card) or Spouse thereof < 5 years link
To be more specific:
APRC Spouse of a Taiwan National < 0.5 years
(applied for APRC on the basis of Article 25 in the Immigration Act)
APRC Spouse of a Foreign Professional (all types) < 5 years
(applied for APRC on the basis of Article 16 in the Act for the Recruitment and Employment of Foreign Professionals)
Is applying for this easy or just a formality to do before leaving? I think as I understand you need to apply once before leaving (reapply every year?.
I believe for the APRC spouse < .5 years you can get an exemption of up to 2 years if you apply with a “legitimate reason”
Obviously the Foreign Professional route (including spouse) is preferable.
I went to immigtation today.
I’ve a spousal APRC
They told me I can apply thru their web site & I can keep my APRC for 2 years by living outside of Taiwan.
After 2 years they are not sure of the rules about keeping it any further as they may change. They do think that it will be revoked.
I asked what if I popped back for a day and then can I apply for another two-year extension and they said they’re not sure.
I also asked what if I change my wife every two years. There was no facial reaction to that……
Seems all the NIA staff may not be upto date with the changes since January 2024. Its no longer a 183 days or more every year rule to maintain the APRC, but once 5 years has past they check the average days.
(IV) During the period of permanent residency, if the average annual residence does not reach 183 days in the most recent five (5) years, the permanent residency permit may be revoked or invalidated, and the Alien Permanent Resident Certificate will be canceled.
https://www.immigration.gov.tw/5475/5478/141465/141808/152932/
The form to apply for the 2 year leave is abit confusing as never got a clear answer if that would now mean it counts as 365 days for the year(s) applied or they just postpone when they do the check. I would assume its the former.
NIA actually recently updated that form to actively disallow foreign professional based APRC holders to submit it given the error message:
「依人才專法取得永久居留，不得報備。」
“Permanent residence obtained under the Talent Act is not allowed to be reported.”
Does an APRC holder only need to enter and leave, or is there another rule about how long they need to stay?
This is the full text:
(IV) During the period of permanent residency, if the average annual residence does not reach 183 days in the most recent five (5) years, the permanent residency permit may be revoked or invalidated, and the Alien Permanent Resident Certificate will be canceled. However, this provision does not apply to individuals stipulated in Article 19 of the Act for Foreign Professionals or those authorized by the NIA. The calculation of “year” begins from January 1 of the year following the issuance of the Alien Permanent Resident Certificate. Additionally, individuals whose Alien Permanent Resident Certificate has been revoked according to Paragraph 4 of Article 33 of the Act, yet still retain residency eligibility, may apply for residency within thirty (30) days from the date of revocation.
Why would they need to fill in the form if they dont need to stay for 183 days anyway?
It is only the spousal APRCs that need to right?
They don’t but they where still doing it so NIA updated the application form and foreign professional APRC holders that where unaware of the rules started to post regarding the error message.
Yes, though going by the answer @Ted got that after the 2 years is up after submitting the application the APRC may be revoked, its clear that there is still confusion as its an average of over the past 5 years since January 2024 and not 183 days required each year.
So in theory, i could leave today and come back in just under three years without getting an exemption. As long as i then dont leave for two and a half years after that, i would be ok.
2024- already reached 183 in first half of year
2025 -0
2026 -0
2027 183 second half of year
2028 365
2029 365so i could leave now and as long as i return before the end of June 2027, i am good.
That was the purpose of the law change that came into affect at the start of the year to add more flexibility.
Under the amendment, holders of an Alien Permanent Resident Certificate would no longer be required to have lived in Taiwan for 183 days of every year, as long as they have been in Taiwan for that length of time on average over five years, the committee said.
This would add a degree of flexibility for foreign residents who stay in the country for longer periods in some years, but in other years go abroad for work or family matters, it said.
Legislators agree to ease some rules for residency - Taipei Times
So if you apply for one exemption, you could stay out for nearly five years. Assuming that when you come back, you dont leave again for a few years.