Article 51.01.03 Work Permit first, ARC second?


#1

Foreigner X has just received an Article 51 “semi-open” (category 3, ‘garden-variety foreigners of reasonably good character and long residence in Taiwan’) work permit which was applied for by virtue of a contract with Company ABC. This work permit gives Foreigner X work rights at Company ABC from 2002 to 2007 as far as the government is concerned.

My question is, I was under the impression that having been approved for work rights with Company ABC until 2007, Foreigner X could then apply for and hold an ARC based solely on this work permission with Company ABC, even supposing Foreigner X is now on a visitors’ or other visa (assuming Foreigner X can change to a resident visa on the strength of this permit…?)

The paper, however, says:


#2

I have one of the 51.01.03 permits. I had a valid ARC (from old company who sacked me but didn’t cancel the ARC) and the 5 years + of old work permits. I applied using my friend’s co. and got the work permit. Went to police and got new ARC (since space on old all gone) in my friend’s co. name.

The permit isn’t semi-open (it is still restricted to one place of employment) and nothing is different from the old article 48 permits that I was eligible for prior to the introduction of ESA article 51.

If you haven’t got a valid ARC then u’r missing
one of the required docs for the work permit application. If you managed to get an application past them then good on 'ya. As for conditions there were none cept for having all the required appliction docs. There were no conditions or restrictions upon which co. I could apply under but I hear job title is a touchy subject accroding to NNFS website. As far as I know you can stay outside the country for as long as you like (within the validity of the permit) and still keep the work permit + residence thereby making it a better deal than the APRC.


#3

The statement that you need to be currently in possession of an ARC to apply for an Article 51.01.03 work permit is a misinterpretation of the law.

I have argued with the CLA about this several times since the new law was promulgated on January 21, 2002.

There opinion is: “Bring in a case, and we will look at it.”

Hence, the earlier you file your case the better.


#4

Foreigner X does have a currently valid ARC obtained through Company PDQ under normal work permit procedures.

However, at the time of the application under 51.01.03, Foreigner X did NOT have a valid ARC, nor did he have a copy of his old ARC, that having been lost. He obtained “stamped” documents from the Foreign Affairs police to show the duration and renewals of his former ARCs in Taiwan, which in the end were accepted by the folks doing the 51.01.03 permit (although not without explanation as they did not seem to recognize what those documents were.)

So it is definitely NOT a requirement that a foreigner hold a currently valid ARC to get a 51.01.03 work permit. In fact, Foreigner X was on a tourist visa when all this was going on, but he was able to prove the required 5 years’ employment that terminated not longer than 2 years ago.

[Moderator’s note: This is what I have been saying all along.]

The question is, can Foreigner X apply for an ARC solely through Company ABC (the “new” permit under 51.01.03), and if she/he gets one there, will it be for the full term of the “new” work permission under 51.01.03?
[Moderator’s note: I do not understand the question. The term of the work permit for a 51.01.03 will be for the length of the hiring contract.]

In other words, is Foreigner X just as well off relying solely on the new 51.01.03 permit as he would have been continuing with normal employment through Company PDQ – or even better off since the term granted is longer than the 1 year permission given under the ARC for Company PDQ?

What conditions, if any, would cause Foreigner X to lose the right to residence if he has an ARC based on this permit issued for Company ABC under 51.01.03? The Chinese text seems to suggest that there are possible conditions which would cause the invalidation of the permission under 51.01.03, but they are not spelled out. Is this just general language – if Foreigner X gets AIDS, for example, or commits a serious crime, or something?


#5

RE: Conditions which will result in cancellation of residency permission, please refer to the Immigration Law, on the web at
http://www.immigration.gov.tw
(The translation may leave a lot to be desired.)

possible cancellation of ARC
See Article 30

possible cancellation of APRC
See Article 31