ARC through child possible?

They allow JFRV all right on your kids, but AFAIK APRC no. My friend was told that when the kids hit 18, then them parents must leave. I guess after 18 you can prove they still depend on you for higher education, but I wouldn´t gamble it beyond 25.

It also depends on income, but in anyone´s shoes I´d fight for APRC or naturalization before the kids hit 15/18/20/25.

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We are back to the conundrum of bringing our parents here if we are naturalized citizens or APRC holders. Last word on that was no.

So basically to stay here with an adult Taiwan ROC citizen child seems difficult, in spite of how many years you might have resided here previously.

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I was thinking, with no evidence at all, that if you have a JFRV sponsored by your child for 5+ years you could then apply for APRC - assuming you’ve been earning enough.

I’m pretty sure the age of the child is 20, not 18.

Hope so, the latter the better.

I mean, if the foreign parent could stay just because of the child, then it would be like the foreign parents we so much wish to bring here.

The other problem is, as you stated, whether you are making enough money, and if your JFVR time will be counted OK. I feel that probably my friend´s salary wasn´t enough or there was not enough documentation.

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Related announcement from NIA, though in Chinese. 2019.1.2

https://www.immigration.gov.tw/5385/7229/7232/127380/


And a new draft of immigration act is now discussed at executive yuan. 2019.1.22

https://www.moi.gov.tw/chi/chi_act/Act_detail.aspx?pages=0&sd=1&sn=725

六、外國人於離婚後,對其在臺灣地區已設有戶籍未成年親生子女有撫育事實或會面交往,其居留原因消失,得准予繼續居留;外國人曾為居住臺灣地區設有戶籍國民之配偶,且曾在我國合法居留,其取得在臺灣地區已設有戶籍未成年親生子女權利義務之行使或負擔、對其有撫育事實或會面交往者,得於在我國合法停留期間,向移民署重新申請居留。(修正條文第31條)


Added:

https://www.cy.gov.tw/sp.asp?xdURL=./di/Message/message_1.asp&ctNode=903&mp=1&msg_id=5579
外籍配偶離婚後居留制度極不合理 監察院促內政部及移民署推動修法並採取補救 2016.6.2

依現行法規,離婚後在臺繼續居留的外籍配偶於子女成年時,若尚未歸化我國國籍或取得永久居留權,即會面臨到必須離境而被迫與子女分離的處境,違反兩公約所稱「家庭團聚權」的基本權利,目前已有具體案例發生。內政部移民署雖以個案方式解決,但截至104年12月底止,外籍配偶於離婚後因取得未成年子女監護權或有未成年子女而獲准繼續居留人數計有1,031人,其中近9成迄未辦理歸化或永久居留,可預見未來類此案例勢必逐漸增加,移民署除應加強法令宣導外,並應積極採取補救措施,使長久合法在臺居留的單親外籍配偶獲得穩定的身分保障。

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Trying to have a conversation with an angry Taiwanese women, is a complete waiste of time. Like she will suddenly come to her senses and admit a mistake? Not going to happen.

I guess local people would go about their own life and completely ignore eachother, for days, weeks, months,…

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If you’re heading for divorce anyway, then why do you care about making her angrier? :man_shrugging: If the children thing doesn’t work, then I’d suggest just seperating and moving to another apartment until Feb 2020, getting the APRC, and only then signing the divorce papers.

I’m sorry about your situation though. Divorce with kids involved is a pretty terrible thing to go through.

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My parents divorced when i was 14 y. old. Me and my 2 brother s didn’t have good time since then for many years.
Think twice before to destroy a family.
You could try to let her lead the family. In exemple Give to her your monthly salary, your credit and debit card, do of your best trying to understand that probably she is depressed and tired. You should help her untill kids are old enough to understand.

This is some of the worst advice I’ve seen on this site and I’ve been here for a long time.

“Your wife’s angry and wants a divorce so let’s just give her control of all your finances to see if that makes things better.”

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Unfortunately Taiwan´s law gives way too much power to the local spouse for this olive leaf to work. If she is angry she has all the tools at her disposal to be as vengeful and nasty as she wants to be… and get away with it.

She can just lock the OP out of his house, their life, anytime, and there is nothing anyone can do about it. We have had several cases here on these boards of people who have come to an empty house or worse, been kicked out with not a penny, not even their passports, on hand.

It is very commendable that you propose that the OP tries to understand that the wife might be overwhelmed with work and kids. She certainly seems like she has emotional issues .like, lack of maturity and communication issues-, but she is one kicking the OP out. She clams up and refuses to communicate. Moreover, we have seen these kinds of issues with local women who do not work nor cook or take care of the kids, just open their hands and the foreigner puts his salary and credit cards and car keys on her hand.

Last one I saw did that, she controls his salary, his life including who he is friends with, when he goes out, how he uses the car he bought, who he sees and what he does. He is miserable but she holds the children hostage, so there he is.

Back to our case:
The best thing would be for the OP and his wife would be to get counseling, to see if they can communicate. However, with the family “support”, the wife has little incentive to do so. As said, no one likes to be proven wrong. It is very easy for locals to revert into childhood when the going gets tough and just evade the responsibilities of growing up because their families interfere way over too much in their marriage and married family life. The family elders like to exert control over their “children”, who hence never grow up.

Finally, as a child of divorce too, I can tell you the children will be hurt mostly by becoming pawns between parents. Here the danger is that she refuses to allow the husband to see his children. She can use the kids as weapons to hurt him because the law allows it. If the OP does not fight for them, they will become another clog in the machinery of their family, manipulated without independence. They are currently learning to avoid communication, and that will hurt them in their future relationships.

One thing is avoiding confrontation, the other avoiding communication. One should not escalate a fight, but giving up cash will not solve their marital problems. She will not be satisfied. She will then look for another angle to attack, as long as she is upset and refuses to look for a solution other than divorce.

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Hi

I just want to clarify from my position because I feel there is a lot of guessing going on in this thread. I still don’t know what divorce papers look like as she didn’t hand them to me. I wouldn’t have signed them anyway.

Progress is being made on booking counselling sessions, hopefully we will have a booking by the end of today.

I don’t get the feeling that she would do anything that is mentioned above like deny access to the children or lock me out or kick me out of the house. In terms of my ARC, I think she is just upset and feels like she wants out of the marriage, my ARC would be collateral damage from that. It’s obviously disturbing to me but I don’t think vengeful. (that could just be me being naive though).

We did communicate last for a couple of hours, there was no shouting or big issue. We disagreed on a number of things, there are some significant hurdles that we disagree on what is expected of me and what is reasonable to expect from me along with how she should act. These are major issue for her and so far she is unwilling to budge at all on them. From my perspective there is definitely some maturity issues and unrealistic expectations of how I am expected to act (Or from my experience any husband I have met). I’m not going to go into any more details publicly here.

I am just hoping the counsellor as independent view can give some clarity and give some guidance to both of us on what is reasonable or what is fair to expect of each other.

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I noticed that this does not mention what happens if the Taiwanese spouse dies. Is there a different law/notice covering this?

It is already in the current act. Article 31

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