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?