ARC/APRC: "work based" vs. "marriage based" (vs. "gold card") advantages and disadvantages

Thanks a lot for the comment. I believe the NIA says these criteria are correct for foreigners NOT married to an ROC national with household registration in Taiwan. If you are married, though, I believe it’s 5 years out of the last 10 years. The NIA website seems having troubles, here is the google cached version: https://webcache.googleusercontent.com/search?q=cache:KqPwLXNK-IMJ:https://www.immigration.gov.tw/ct.asp%3FxItem%3D1091903

The application for permanent residence demands legal residence exceeding 183 days each year for consecutive 5 years and a foreigner meeting said circumstance may apply for an APRC within 2 years thereafter. The foreign spouse and children of a national whose household is registered in the Taiwan Areas are subject to the application for permanent residence demanding legal residence exceeding 183 for 5 out of 10 years. Those meeting said circumstance may apply for an APRC within 2 years thereafter.

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Hi @tando, thanks a lot for your comments. For reference, my situation is:

3 years (2008-2010) on a work-based ARC for company A
5 years (2011-2015) worked outside Taiwan for company A
2.5 years (2016-2018) on a work-based ARC for company A

first marriage ARC should be 1 year by law, but work ARC can be 3 years. I think it is basically the same length with your contract/work permit.

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Thanks a lot! This is exactly the kind of advantages/disadvantages I was looking for.

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Thanks, very helpful. I edited that in the original post.

I guess for that post to be good as a reference, I should add links to the relevant laws. I hope the post is editable for long enough that I get the chance to do that…

For your reference

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Just at NIA, some confirmations and updates:

  • the information counter said: "Yes: if married to ROC national then you can apply for an APRC not only after 5 continuous years of residency, but also after 5 arbitrary years within the last 10 years. Note: Another clerk there told me these 5 years need to be continuous, but I’ll clarify.

  • in the case above, you can also apply for a work-based APRC, if you are married but your current ARC is work based (also doubted by another clerk, I will also clarify)

  • with marriage based APRC you indeed need to stay 183 days in Taiwan in order to not lose it. But: if you apply in advance, you may stay away for up to 2 years.

  • once you chose APRC based on work or marriage (or gold card), you cannot change the purpose later

  • parents can only join on visitor Visa, so need to extend and leave Taiwan regularly

  • gold card holders can also apply for APRC after 5 years residency with gold card

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They already passed an amendment getting rid of this requirement (one visit every five years is enough to maintain it), but I guess it hasn’t been enacted yet? As I recall, it was supposed to be enacted by the end of the year. Maybe midnight on December 31st?

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If you are referring to the new regulations , that stated that APRC holders will be entitled to the 5 year rule, that is not the case. They failed to make clear that it ONLY applied to “Professional” APRC’s and not marriage based .
Very important difference, that should have been clearer.
If you refer to another amendment, that has just been issued , apologies.
Yes, it says “APRC holders will no longer be subject to 183 day rule” BUT only professional ones. Please check with NIA , as always, for verification.

I’m pretty sure “professionals” just refers to white collar foreigners, as opposed to SEA worker drones, and not those extra-special “high class professionals.” But I could be wrong. Hopefully there will be some clarification soon.

It refers to people who applied for their ARC/APRC’s as a professional at the time of application. It does indeed cover Teachers, and most “white collar” jobs, where experience/qualifications , were required. Plum blossom/Gold etc , different again.
it does NOT cover, if you have applied for the “marriage based” ARC , as it should.
Quote
“After you’ve obtained an APRC from a JFRV ARC you have to stay 183 days per year or the APRC can be revoked. However you can apply for leave of up to 2 years exemption of this rule. (The new 1 day in 5 years rule does not apply to those who obtained an APRC from a JFRV ARC.)”

What source are you quoting from?

Public group on APRC advice , quoting NIA Regulations

I still think this is wrong. This seems to be the relevant item:

放寬廢止永久居留之規定:對外國人才取得內政部移民署許可之永久居留後,鬆綁須每年在臺居留183天之規定。(第18條)

It doesn’t say anything about the method you used to apply for your APRC.

Unfortunately the 183 minimum yearly stay for those who got APRC based on marriage ARC is correct. Out of this world!! So if you need to leave for more than 183 days and come back you become 0 again, start it all from scratch even if you have a family and Taiwanese kids, you become the same as some foreigner who come to study Chinese or whatever. And as for the guy who worked here sometime in the past and left, they can stay out of the country for 5 years and come back as if nothing have happened.

This infuriates me!!

Work ties make you more welcome than marrying a Taiwanese or having Taiwanese children. The 183 days minimum stay should NOT be required anymore for foreign spouses and parents. If they need working people and not housewife/husband than make it a requirement that spouses or anyone who got their APRC through marriage ARC must be working for at least n years or whatever. But it turns my stomach that I married, have Taiwanese kids, WORK, and still I am treated less welcomed than someone who came here just for working and want nothing to do with Taiwanese people, only because I got APRC after marriage ARC.

Outrageous!!

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That was the problem…it’s buried in small print…I just went through this with a friend a few weeks ago at NIA . Even they are unclear. but did eventually confirm as per @owleyes post

I wouldn’t trust anything a random immigration officer says. They’re known for talking out of their ass and giving bad information. This sounds like something that needs official confirmation. I’d like to see this so-called small print.

I have called, visited and asked several people several times at the NIA. This new policy amendment was modified only for APRC holders who applied through work ARC. I have friends here who feel and express Taiwanese people are disgusting (marriage and family material wise and they would never get involved), but got their APRC via work ARC and are laughing at their privileges against people who have families here. The government should make a requeriment then that APRC holders via marriage should be working if they want their tax money so bad above family morals.

How can you keep the doors open for professionals, and not for professionals who happen to be also your countrymen spouse and parent?!

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Really hoped they were mistaken :pensive:

Did they show you a rule in writing that stated this is the case? If not, I wouldn’t take their word for it. Usually, things like this are clarified in the 施行細則 (enforcement rules) after a new law comes out. As far as I know, these haven’t been set yet.