ARC's, Work Permits and Visas - what do you need to know?


#1

Here are some notes, in response to requests and repeated misinformation in this forum and elsewhere. Please note that the author is not a legal expert, just a pedant who gets frustrated at people who make basic mistakes due to not knowing what they’re talking about. If you want better advice, go to the legal forums, this is just an introduction to the topic.

Work permit vs visa: A visa allows you to be in Taiwan, but does not give you permission to work. A work permit allows you to work, but does not give you permission to be in Taiwan. You need both documents, from different government departments, in order to be working and living legally in Taiwan.

This can be confusing because you need a visa to be in Taiwan, but you need a reason (eg a work permit) to obtain a visa. So there are usually several steps to follow. First, you arrive with a visitor visa (or visa-exempt entry), then you apply for a work permit, and this allows you to obtain a new visa as an employed person. An ARC is simply proof that you have a visa, it doesn’t permit anything.

Getting a visa: A visa basically says that someone representing the Taiwan government has considered your circumstances and concluded that you should be allowed to enter Taiwan for a limited period of time. The visa may permit you to enter Taiwan more than once, and will specify how long you can stay each time. The visa usually has a limited validity period, after which you need to get a new one. Note, a visa does not actually guarantee that you will be permitted to enter Taiwan, but I’ve never heard of anyone having problems entering Taiwan with a valid visa.

Visas are generally issued overseas at Taiwan’s representative offices. You may be required to provide them with photographs, bank statements, and official proof of the reason why you are visiting Taiwan. Good reasons include study or some kind of business trip. If you tell them you plan to look for work, they will probably not approve your visa application. If you already have a job lined up, you will need to provide a lot of documentation from Taiwan to verify the legality of that. (see below) It’s generally easier to do this paperwork once you arrive in Taiwan.

No matter what the reason for your visit, visas issued overseas are generally only good for one or two months anyway. They are known as visitor visas, and are issued for the purpose of tourism, study, etc. (I don’t think they are officially called tourist visa or student visa.) You will need to get a new visa once in Taiwan, if you plan to stay longer. This is generally known as a resident visa, signifying that you are resident in Taiwan, and allows you to come and go as you please.

Visa-exempt entry: If you’re from the developed world, you are probably able to enter Taiwan without a visa. If you arrive in Taiwan without a visa, but you have a return ticket to leave the country again, you will be allowed to stay for a period that varies according to your nationality. US citizens are generally allowed to stay for 30 days, UK citizens for 90 days. So you don’t actually need a visa to come to Taiwan initially.

Landing Visa: I’ve never met anyone that had this document, but if you come from a country that is not approved for visa-exempt entry, and don’t already have a visa, then you will be required to obtain one when you arrive in Taiwan.

If you’re planning on teaching in Taiwan, then you should be from a country that also qualifies you for visa-exempt entry. You should therefore delete the phrase “landing visa” from your operational lexicon. You will never need or see this document.

Why is this important? When you arrive at the airport in Taiwan, it is really nice if everything makes sense. It’s great when you move forward with obtaining future paperwork if you are using the same (correct) terminology as the people who are telling you what you need to do. Try obtaining a landing visa from someone who is adamant that you should be visa-exempt and are in the wrong line. Asking for advice on this forum, but using the wrong terminology, is not likely to result in useful answers either.

The airlines and you: If you are denied entry to Taiwan, then the airline has a legal obligation to fly you back where you came from. To avoid this problem, airline staff will usually check your documents when you check in for your flight. If you don’t have a return ticket or visa then they will probably refuse to fly you to Taiwan. If you don’t have a return ticket, you need to get a visa before leaving for Taiwan.

Converting visa-exempt entry to a visa after you are in Taiwan: Officially, the last time I checked, it is not possible to obtain a first visa while in Taiwan. You need to enter with some kind of visa, and then change to a resident visa after you have the necessary documentation in Taiwan. If you enter without a visa, visa-exempt, then you should need to take short trip to Hong Kong (or anywhere else with a Taiwan rep office) with all your documents, to obtain a visa. Then you can complete the process of applying for residency and ARC. In practise, as at the date of writing this, it is often possible to obtain a visa while in Taiwan, despite having entered without one.

Work Permits: For ANY work in Taiwan, even unpaid volunteering, you need to have official permission. The first thing your employer should do is to apply for a work permit. This is issued by the Labor Department, and is generally obtained for you by your employer. They will need to provide copies of their business registration and license, together with your contract, qualifications and passport. Work Permits generally take several weeks to process, and you cannot work legally until this has been done. It doesn’t matter if the paperwork is in process, you should have a copy of the permit in your hand before you do any work.

NOTE: If you have a job lined up before you arrive in Taiwan, it is possible to send copies of your documents to your employer and have them obtain the work permit in advance of your arrival. If they send you a copy of this (plus business registration, a copy of your contract, etc.) then you can use these to apply for a visa in your own country. But it will probably still be a visitor visa. You will still need to obtain a resident visa after you arrive. The only difference is that you would then be able to work at your job on the day you arrived in Taiwan.

The law does allow you to have more than one work permit, from more than one employer. A work permit permits you to work at the job specified, at the address specified, and nowhere else. You are not free to work for anyone else, or at any other location than the one specified on your work permit. If your school has two locations, they need two work permits. You cannot do private tutoring, babysitting, or help out at an animal shelter without written permission from the Labor Department.

Getting a resident visa: If you are legally employed, you are permitted to remain in Taiwan for the period specified on your contract. So you need to get a visa reflecting this fact. You have to go to the immigration department with about four million different pieces of paper and apply for a resident visa. Assume you will have to make three trips, one to fill in an application form and be told what else they want you to bring, the second to actually present all the documents, and the third to pick up your processed documents.

Assuming everything is OK, you should be legally resident in another week or two.

NOTE: You can legally work at your approved job during this time, as you have obtained permission to do so. Immigration is different from Labor!

Resident visas and ARCs: In the old days, resident visas were stuck into your passport, and you would then go to the police to obtain a certificate confirming that you were a) a foreigner (an alien) and b) legally resident. Alien Resident Certificate, ARC, simple.

These days, ARCs are issued by the immigration department and no visa is placed in your passport. Instead, there is a note on the back of your ARC stating that you are now allowed to come and go freely in/out of Taiwan. So an ARC appears to function like a visa.

In fact, the visa still exists within the computer system. When you leave or enter Taiwan, nobody will look at your ARC. They will check your passport and their computer will tell them about your visa status. The ARC is not a visa, it is proof of a visa to be used in your daily life so you don’t have to carry your passport.

Some common misconceptions:

  • you can get a landing visa on arrival. Look, stop using that phrase, OK? Visa-exempt, means no visa, which is important because technically you need to go overseas and get a visa before applying for residency.

  • an ARC permits you to work. No, your work permit(s) tells you about your work status. Your ARC merely proves that you’re allowed to be here. You can have an ARC without having any work rights.

  • your employer can cancel your ARC. No, your employer can terminate your job and must then notify the Labor Department. They then cancel your work permit, and notify the Immigration people that you no longer have a reason to be in Taiwan. They then cancel your visa, which means your ARC becomes invalid. You could maintain your residency (and get a new visa) by finding another job, getting married, etc.

  • this is all very complicated. No. Get a job, get permission to work in that job, get permission to be in Taiwan, pick up your ARC. It’s simple.

  • government officials will try to prevent you working or staying. No, they are people who are paid to process paperwork to facilitate the economic life of the country. If you are polite and work with their system, they are usually very likeable and helpful people. If you are rude, try to bend the rules, etc., then you are making their life difficult and you will probably regret it.

I hope this helps. It’s incomplete and I’m sure many others will add to it, but it’s a start.


ARC, Work Permit and Visa questons? Read this
Leaving a new contract... Things are not as they promised
Getting visa exempt entry while on an existing visa
#2

Thanks, Loretta. This is great! I’m sure it will help a google of newbies.

I myself am in limbo between having my work permit and needing to get the time to go to Immigration.

Suggestion: Maybe a specification of which offices take care of what procedure and the differences between them. BOCA, NIA, etc. So confusing and as we have found out, not so fun to find out you’ve been waiting for 2 hours on line in the wrong building lol


#3

This is a dangerous thing to tell people.
When you leave or enter Taiwan, everybody will look at your ARC. The immigration staff know that I have one when they swipe my passport, but they still want to see it, both leaving and entering. The airline staff also usually ask to see it both when I’m leaving and when I’m coming back. They don’t know that you have a visa unless you show it to them. You absolutely need to have your ARC with you when you leave/enter Taiwan.

Otherwise, great resource, and good on you for putting it together :thumbsup:


#4

In July of this year i quite explicitly had to go through the process of getting first the resident visa and then the ARC, inspite of some people having mentioned before that time that a resident visa was no longer required. And i know poeple who had to do the same in August of this year. Apparently both methods are still in use (although i don’t know who they apply to, respectively)…


#5

This is a dangerous thing to tell people.
When you leave or enter Taiwan, everybody will look at your ARC. The immigration staff know that I have one when they swipe my passport, but they still want to see it, both leaving and entering. The airline staff also usually ask to see it both when I’m leaving and when I’m coming back. They don’t know that you have a visa unless you show it to them. You absolutely need to have your ARC with you when you leave/enter Taiwan.

Otherwise, great resource, and good on you for putting it together :thumbsup:[/quote]

and to add that sometimes you have to fight with the airlines, because you have the ARC (that they ask you what it is) but no visa on the passeport and no return tickets.


#6

This is a dangerous thing to tell people.
When you leave or enter Taiwan, everybody will look at your ARC. The immigration staff know that I have one when they swipe my passport, but they still want to see it, both leaving and entering. The airline staff also usually ask to see it both when I’m leaving and when I’m coming back. They don’t know that you have a visa unless you show it to them. You absolutely need to have your ARC with you when you leave/enter Taiwan.[/quote]
and to add that sometimes you have to fight with the airlines, because you have the ARC (that they ask you what it is) but no visa on the passeport and no return tickets.[/quote]
To my surprise, this past summer the check-in desk in Vancouver didn’t even check my APRC: they just looked at my passport, which no longer has any Taiwan visa at all in it. But that was a blunder on their part, and not one I’d seen before. (Maybe because I was flying via the Philippines, and Canadians don’t need a visa there?)


#7

This is a dangerous thing to tell people.
When you leave or enter Taiwan, everybody will look at your ARC. The immigration staff know that I have one when they swipe my passport, but they still want to see it, both leaving and entering. The airline staff also usually ask to see it both when I’m leaving and when I’m coming back. They don’t know that you have a visa unless you show it to them. You absolutely need to have your ARC with you when you leave/enter Taiwan.[/quote]
and to add that sometimes you have to fight with the airlines, because you have the ARC (that they ask you what it is) but no visa on the passeport and no return tickets.[/quote]
To my surprise, this past summer the check-in desk in Vancouver didn’t even check my APRC: they just looked at my passport, which no longer has any Taiwan visa at all in it. But that was a blunder on their part, and not one I’d seen before. (Maybe because I was flying via the Philippines, and Canadians don’t need a visa there?)[/quote]

Are you Canadian? Then you have visa free entry of 90 days on arrival in Taiwan. Therefore it wouldnt matter to CAnadian immigration if you had a visa in your passport or your APRC status. Because they know you can enter Taiwan visa free for 90 days? My guess.


#8

Not sure because for visa free entry, you need return ticket.
But I guess, depends on the clerk


#9

Great Resource :thumbsup:

I have a few questions though, situation below.

I am employed in Taiwan and have a work permit & ARC from my employer.
My wife also joined me in Taiwan, and was given a ARC (Spousal ARC)
Both ARC’s valid till end 2013.

My wife now intends to seek employment, if she is successful, the employer will have to apply for a work permit.
My question is, will the work permit be linked to a new ARC, ie. Will she be given a new ARC, which is linked to the job, and if she leaves the job, employer subsequently cancels the work permit, will she need to reapply for a ARC? :ponder:


#10

Is it really possible to go from a 3 month non-visa entry straight to a resident visa with work permit? I heard that you needed to have a visitor visa first, only then would it be possible to switch to a resident visa. If anyone is 100% sure on this, please let me know. I have to leave the country by the end of the month, and will be preparing to get a job after my next entry, but was planning to have to apply for the visitor visa. If I could skip this step, then that would be great!

Edit: I wrote this before completely reading the OP’s post, but still, I would like to hear from anyone who has had first-hand experience of going from a non-visa entry directly to a work visa, as I really doubt whether this can be done. I would hate to have to make another trip because misunderstood this rule. Thanks.


#11

[quote=“rob1504”]Is it really possible to go from a 3 month non-visa entry straight to a resident visa with work permit? I heard that you needed to have a visitor visa first, only then would it be possible to switch to a resident visa. If anyone is 100% sure on this, please let me know. I have to leave the country by the end of the month, and will be preparing to get a job after my next entry, but was planning to have to apply for the visitor visa. If I could skip this step, then that would be great!

Edit: I wrote this before completely reading the OP’s post, but still, I would like to hear from anyone who has had first-hand experience of going from a non-visa entry directly to a work visa, as I really doubt whether this can be done. I would hate to have to make another trip because misunderstood this rule. Thanks.[/quote]

Yes you can. Once you get your work permit you go to the Bureau of Consular Affairs (Jinan St) and apply for a visitor visa. Note though that when you then apply for your ARC (at the immigration office) you have to pay a second visa fee to get the visitor visa switched to a resident visa (which is purely a hypothetical visa since it lives inside your ARC card.)


#12

Wow great, thanks. Glad I heard this news before I bought my plane ticket.


#13

[quote=“the bear”][quote=“rob1504”]Is it really possible to go from a 3 month non-visa entry straight to a resident visa with work permit? I heard that you needed to have a visitor visa first, only then would it be possible to switch to a resident visa. If anyone is 100% sure on this, please let me know. I have to leave the country by the end of the month, and will be preparing to get a job after my next entry, but was planning to have to apply for the visitor visa. If I could skip this step, then that would be great!

Edit: I wrote this before completely reading the OP’s post, but still, I would like to hear from anyone who has had first-hand experience of going from a non-visa entry directly to a work visa, as I really doubt whether this can be done. I would hate to have to make another trip because misunderstood this rule. Thanks.[/quote]

Yes you can. Once you get your work permit you go to the Bureau of Consular Affairs (Jinan St) and apply for a visitor visa. Note though that when you then apply for your ARC (at the immigration office) you have to pay a second visa fee to get the visitor visa switched to a resident visa (which is purely a hypothetical visa since it lives inside your ARC card.)[/quote]

Thank you, the bear. A Canadian acquaintance will be arriving in January, and was asking me about obtaining a Visitors Visa vs. visa-exempt entry. I read the official information online, which mentioned something about white-collar workers being able to convert their visa-exempt to another kind of visa, but it wasn’t exactly clear. It seems that I can tell him that if he finds a job and gets the work permit within the 90 days, he should have no problems converting to visitor-resident visa without leaving the country, correct?


#14

Can someone update this? The original poster says you can’t officially go from a visa-exempt to a visa holder while in Taiwan, but the bear says it is possible to obtain a visa whilst in Taiwan. I have found a job but need to leave as my visa-exempt time has expired. My big question is do I need to buy a 2 day plane ticket because I’ll have to visit a Taiwan embassy abroad and apply for a visitor visa there or can I just buy a 1 day ticket, return visa-exempt and apply for that visa and then arc once in Taiwan?

I am confused because on Taiwan’s immigration page it says visa-exempt and landing visa’s cannot be converted to other visa’s in Taiwan. However I went to immigration yesterday, and before the clerk noticed my visa-exempt time had expired she told me to simply go to BOCA to apply for the visa, leading me to believe that you CAN go from visa-exempt to visa holder whilst in Taiwan…

Anybody have any experience with this??

cheers


#15

I’m in exactly the same boat as rob1504 and am just as confused as johnniewalker by the seemingly conflicting information on the gov’s website and what I’m reading in this thread.
I also have a Canadian visitor on their way in January and they are coming in on a visa-exempt status, looking for work and then trying to switch their visa to a resident one and get the ol’ ARC through their future employer.

Also, to further complicate matters I have an additional question I’d like to throw out to any boffins out there reading this thread. Does the Taiwanese gov. only grant ARCs and resident visas and so forth to people with degrees? By that I mean, if someone has a diploma (A.K.A. associate’s degree) form a Western institution but not a proper 4-year degree, will they be denied by the gov., or is it the employer who is less likely to hire someone with only a diploma rather than a proper degree?
:bravo: Thanks again to the OP for this thread, I’m getting a lot of really valuable info as a result. :bravo:
Peace.


#16

[quote=“unklesamwerd”]I’m in exactly the same boat as rob1504 and am just as confused as johnniewalker by the seemingly conflicting information on the gov’s website and what I’m reading in this thread.
I also have a Canadian visitor on their way in January and they are coming in on a visa-exempt status, looking for work and then trying to switch their visa to a resident one and get the ol’ ARC through their future employer.

Also, to further complicate matters I have an additional question I’d like to throw out to any boffins out there reading this thread. Does the Taiwanese gov. only grant ARCs and resident visas and so forth to people with degrees? By that I mean, if someone has a diploma (A.K.A. associate’s degree) form a Western institution but not a proper 4-year degree, will they be denied by the gov., or is it the employer who is less likely to hire someone with only a diploma rather than a proper degree?
:bravo: Thanks again to the OP for this thread, I’m getting a lot of really valuable info as a result. :bravo:
Peace.[/quote]

An AA Degree + TESOL certificate (“qualification certificates for language teaching” as specified in the Labor Laws) is the minimum required by the government to issue a work permit; the work permit then enables one to get his/her resident visa and ARC. As you mentioned, it may be a particular employer who doesn’t want to hire someone without a Bachelors Degree.

The applicable Labor Law can be found here: http://laws.cla.gov.tw/Eng/FLAW/FLAWDOC01.asp?lsid=FL028069&lno=42


#17

Thanks Steve4nlanguage, that definitely clear up some of my confusion.


#18

I thought I’d follow up with my post updating my situation. As it turned out I had overstayed my visa-exempt 30 day duration and had to pay a 2,000 NT fine. Because my visa-exempt status was overstayed I was required to leave the country. Since I had to leave I went to Hong Kong and paid for a dandy of a resident visa, which I have since used to apply for my ARC. So unfortunately I cannot confirm or deny the ability to go from visa-exempt-visa holder domestically.

However, after some thought, I think the most logical process in regards to visa-exempt would be this:

IF you are still outside of Taiwan and are afforded the time, just get a visitor visa before coming.

IF you come on visa-exempt you have 30 days. Find an employer, get your documents and get your arse into consular affairs asap. Ask if you can go from exempt-holder domestically. Some people say you can, some say you can’t, so without it being clearly defined you might as well try. Bureaucracies work in strange ways… the point is if your in the country and got the time, give it a shot. (and then let us know!)

Sorry I can’t offer a golden “i dunnit!” visa-exempt to visa-holder status, maybe someone else can


#19

I have signed a contract to teach in Taiwan in a public school. The school (or recruiter) has already “processed some paperwork” some paperwork and just emailed a work permit to me and told me to get a visa. I will email them my questions also but want to post them here so that I can hopefully develop a broader background in this subject.

Every forum post that I read (on a multitude of forums) started with the expectation that a person did now have a work permit when they went to Taiwan so it is a little bit difficult for me to understand what is written in the post. I have a work permit now but not a visa yet. If I understand correctly, I must apply for a resident visa now, and then for an ARC within 15 days of when I arrive in Taiwan - correct? The work permit is an input into the process of getting the resident visa while outside of Taiwan so that I don’t have to deal with after I am in Taiwan?

Do I need a criminal background check? and if so, is it to get the visa or the ARC? (I am from the U.S.) Can it be a state level or does it have to be done by the FBI?

I would normally welcome links to help answer any of these questions but I live in Shanghai now and most of the links that I have been referred to are inaccessible :frowning:


#20

Someone might’ve already answered this somewhere but here goes: My ARC expires middle of next year. I do not plan on continuing at my current job.

  1. How long can I stay in Taiwan after the expiration of my ARC?

  2. What are my options for staying in country for an additional period of time? I just want to sight see, relax, etc.

Thanks