ARC Overstay. Anywhere to appeal?

So my girlfriend ended her contract with a school and started at a new school. She took leave before her contract was up at the previous school and had her potential new boss put in all the paperwork on time. There were some issues with her school not having the right documentation and having to go and get additional documents while it was in process but nobody said it was a big deal. She was assured by numerous people that while her ARC was in process she was safely within the law in staying.

She got her work permit and was then told to go and apply for her ARC by her boss. When she got to the Immigration office they informed her that because her ARC had expired she had overstayed and had to leave the country and pay a fine. Leaving the country and paying the fine is not the big deal, the major issue here is the effect on her status with regard to applying for an APRC. She’s been on a valid ARC in Taiwan for over 3 years. The woman at Immigration cheerfully informed her with a chuckle that her APRC time period was simply reset to zero now. Her boss assumes full responsibility for the screwup and it’s pretty clear that it’s no fault of hers as she checked repeatedly and was told that it would be ok.

While she doesn’t mind so much leaving on a visa run and paying the fine the APRC reset is a huge blow. I think the whole thing is ridiculous and I can’t believe the system could be this screwed up. She had a 90 day visa when she came into the country, I would assume there would at least be some sort of grace period or notice that you’re going to overstay. Nothing.

At this stage I’m pretty livid about it and I can’t believe she simply has to accept this. Is there ANY way we can appeal to a higher authority or get some sort of legal representation here?

Thanks in advance for any information.

In my experience, and the experience of everyone I know, your girlfriend doesn’t have a snowflake’s chance in hell of appealing this decision.

Not here, nor in any other country.

Pay the fine and do the visa run. Suck it up and put it down to experience.

Do it better next time.

[quote=“Charlie Phillips”]
Do it better next time.[/quote]

Would be great if it was actually possible to ‘do it better’, but since everything was out of her hands the whole way and she did everything she could to make the process work, I don’t think that’s possible. Thanks for the wonderful advice though.

What CP said. Appealing will only cost money and time and accomplished exactly nothing. I had two friends who went through something very, very similar and had to suffer the same fate: reset of the counter for the APRC application.

Nope. I’ve even seen it with people working for the Government and it was a burocratic delay. Not a snowball’s.

So sorry about those three years gone.

If someone wants an APRC that suggests they have plans to live here long term or permanently so 3 years is not really a big deal. Pretty much everyone I know who’s got an APRC has continued working for the same employer after receiving it, so while in theory you can work anywhere, in practice most people don’t.

Oh, couple of things on re-reading:

[quote]The woman at Immigration cheerfully informed her with a chuckle that her APRC time period was simply reset to zero now. Her boss assumes full responsibility for the screwup and it’s pretty clear that it’s no fault of hers as she checked repeatedly and was told that it would be ok.

[/quote]

  1. Remember people here chuckle/grin when nervous. It is not usually mockery and should not be automatically interpreted as such…

… which is little consolation, I know, and usually comes at the worst of times.

  1. This incident gives her a little leverage with the boss. It is a Get Out of Jail card. One more screwup and she’s entitled to a major explosiioon and the boss has to take it. Or can be used for negotiations when the time comes.

All may be not lost. However, specific information is necessary in order to determine whether your girlfriend has any possible recourse in her case.

Please provide the following specific details based on the highlighted portions of your text above.

  1. [color=#FF0000]“Nobody said it was a big deal”.[/color] Who are these specific “Nobodies”? Please provide names, job titles, dates, times, and supporting documentation.

  2. [color=#FF0000]“She was assured by numerous people.”[/color] Who are these specific “numerous people”. Please provide names, job titles, dates, times, and supporting documentation.

So if I can get names of people at the Immigration office who said it was ok we have some sort of recourse?

My polymeric rodent friend: why don’t you talk to a lawyer from a law firm that is user friendly? They would actually know what you could do.

So when she re-entered after the visa run she came in on a ninety day visa? If I’ve misunderstood that then it might not be reset entirely. Depending on the length of overstay sometimes you simply (hahaha) have to add an extra year onto your required residency period- so six instead of five years.