ARC possible based on Art. 51 sec 3 work permit?


#1

Hi Richard et al.,

Can I get an ARC based only on my currently valid Article 51 (section 3) work permit? It will be valid for something like another 4 years.


#2

I thought you already had an ARC.


#3

That’s not my point. Suppose I hadn’t – could I get one solely based on an Art. 51 (3) work permit? I don’t really want to say anything more here and now… :unamused:


#4

You won’t like this answer.

I specifically mentioned this question at the Coordination Meeting we had on ESA Article 51 work permits in the Legislative Yuan on March 22, 2002.

The MOFA BOCA representative was less than enthusiastic. In the follow up paperwork that MOFA BOCA issued to the Legislators, they also carefully sidestepped this issue.

We later asked for more clarifications, but I don’t think we ever got anything.

Hence, I suspect there is no answer. It might take a “test case” to find out.


#5

Maybe it’s time for a test case, then.

It really shouldn’t be such a leap for them – Foreigner A stays in Taiwan 5 years minimum, is productive, doesn’t get into trouble, gets documents to prove the above, then wants to continue staying in Taiwan, where he already is, doing pretty much the same thing, but perhaps working at a different or a variety of companies. This should lessen the strain on any one company. I can’t see where it increases the strain on anybody, unless the authorities are somehow worried that breaking down the “one foreigner, one employer” relationship will somehow weaken their control system…?

As I can always drop back on my student status and get a student visa, I could probably act as such as case were it desirable to go ahead. I’d certainly like to see this clarified, preferably in our favor!

BTW, if one applies for a second 51 (3) permit, is it necessary to re-submit originals of everything, or can you get by giving them copies of what they should already have in your file? (Okay, wishful thinking, but…)


#6

Don’t believe what the xiaojies behind the “information desk” (and I use the term loosely) at the Bureau of Labor Affairs have to say about your not needing to duplicate documents already submitted for an Article 51 work permit…you need to give them more copies of everything, but it can be copies, not originals, so if you kept copies of the first time around, you’ll have no difficulty.

Now, Richard…about getting an ARC based on a 51(03)…? are you ready to rock and roll?


#7

I have been thinking about applying for one of these work permits, but based on what i have just read above, I cannot see the point at all. If I cannot get an ARC along with my work permit, then what is the use of the work permit – at all? I can just as well work illegally anyway. My problem is that I am living on an ARC that is officially not valid anymore but the cops at the airport never check the validity of my re-entry permit, and in fact, cannot…

So I wonder if Hartzell or anyone knows how I can get an ARC without having to go through a “legal employer”? I have lived with a woman off and on for about four years, but we never got married. Is there anyway that I can use her as a “common-law spouse” in support of an application for a three-year ARC? I was hoping to come and go more freely. But probably not, right?

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#8

That sounds pretty unlikely to me, based on what you write in your post. Doesn’t your re-entry permit have an expiry date stamped on it? AFAIK, it remains valid only for as long as your ARC, so if your ARC has expired…

Also, you won’t get an ARC through a “common law” wife.


#9

I had a three-year ARC and have a three-year reentry permit in my passport. While I am no longer working in the slave factory, I still retain both the re-entry permit and the ARC. Nobody knows that I no longer am working there… I just got back in from Cambodia last weekend and they never check about the validity of the re-entry permits in your passport… Otherwise, it is sad that a common-law wife cannot be used to get a three-year visa. This country is just a little too conservative for me. I have to look for women who own cars, for example… I have to look for women with more money than I have… I’ve spent too much on my common-law. I did meet a very nice lady the other day, and what a blabber she is, too. But unless she gets a licence for her business, I’ll be buying the next ARC from the cops, probably… Ahh, I’m getting ready for the south seas soon enough… I don’t belong anywhere particular. I keep dreaming on that little tea estate in Sri Lanka, if it weren’t for all the global warming and drought, alas… And the friggin’ war coming along quick as Sam Thump running for the shitter, his pants full of drizzle…


#10

So far so good…authorities have granted a 3 year ARC with 3-year re-entry permit when presented with:

  1. Article 51 sec. 3 work permit (“hardworking garden-variety foreigner”)
  2. Letter from Labor Bureau accompanying Article 51 work permit
  3. Written proof of employment (“zai4 zhi2 zheng4”) from employer listed on Article 51 work permit
  4. Current ARC and copy of passport
  5. Photo
  6. Money (but just the usual $3000 for 3 years)

This was accomplished, BTW, by going directly to the Foreign Affairs Police and applying for an extension to current ARC at the end of a period of employment with another employer. There was NO need (thus far) to apply or re-apply for any kind of visa.

This ARC is not yet in the holder’s hot little hand as s/he needed a new one, but s/he should have it on Thursday, just in time for the coordination meeting…where they will probably explain why s/he can’t get one.

Also, for Richard re: coordination meeting Thursday: s/he prefers that this matter not be brought up, in case they decide to negate the whole transaction. Live and let live, s/he says (as long as s/he has the document s/he wants).

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#11

Richard and/or Ironlady,

My ARC has expired. I am on a multiple re-entry visitor visa. All I have is my last ARC expired from my past job six months ago. It is snipped at the corner.

I have all the paperwork ready to apply for an Article 51, Section 3 work permit with the CLA.

Does anyone know the status/disposition of the Foreign Affaris Police in issuing me a NEW ARC and corresponding multiple re-entry visa based on an Article 51, Section 3 work permit?

Like one of the previous posters mentioned, it confuses me as to what the meaning of such a work permit is if it can’t, in itself, justify residency.


#12

Here is my experience, yours might vary (and this was in Taipei, BTW):

  1. Doesn’t matter if you have a current ARC as long as you are legally in Taiwan and have got 5 years’ work permits and contracts in hand from the last 7 years (i.e., 5 years continuous stuff, and terminating not more than 2 years before today’s date).

  2. Go to the CLA, put in the Art. 51 application with all supporting papers. They should tell you that you’ll have the permit in about 7 days.

2.5 I believe that your problem is going to be that you’re in Taiwan on a tourist visa. That would not be consistent with the purpose of your future stay (employment). So I would assume it will be necessary to change your visa. I’m not sure just how this would go, but my hunch is that you would go to the Ministry of Foreign Affairs office (that one near Taida Hospital), grab a form, get it filled out (it’s really pretty basic), and bring it back with the cash. I fortunately did not have to do this as I was already on a resident visa for the purpose of employment, so as far as the ARC folks were concerned, basically I was just changing employers. They did not require a release from my former employer either.

  1. Once you’re somehow on a resident visa, get a “proof of current employment” letter (zai4 zhi2 zheng4) from your current Art. 51 employer. Take that, the work permit card AND the accompanying letter you will receive from the CLA, and go to the Foreign Affairs Police to apply for an ARC. I got 3 years which is the max ARC length; my contract was for 5 years however.

Hope this helps. Seems to me that the visa question is going to be the problem. It was no problem to get an ARC based on the Art. 51 but I wonder if MOFA will be as nice. Yes, these two should theoretically be the same thing (the granting of residence rights) but you know how it is. :cry:

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