Can a foreigner get an ARC from a Taiwanese child?

Legal Visa & Residency
1

Child born in Taiwan, has one Taiwanese parent. Can the other parent get an ARC from this?

Thanks in advance

2

Yes.

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3

Wow!
Thank you for that!

Do you know anything about doing that?
Does the child have to reside in Taiwan full time?
Anything you can share is much appreciated

4

depends on several factors, but possible, if the child has a hhr.

is/was the taiwanese parent your spouse and with hhr?
do you have custody or visitation right, or raise the kid?
do/did you have arc?

this one isn’t effective yet, but will be so soon.

Immigration Act
Article 23

Where an alien who possess a valid visa for a visit for the period of sixty (60) days or up and such a visa is with annotated disapproval of extension of a visit or other restrictions by marked by the visa issuing authority meets one of the following circumstances, he/she can apply to National Immigration Agency for residence. After the Agency permits the application, it shall issue an Alien Resident Certificate to the alien.
九、配偶死亡時為居住臺灣地區設有戶籍國民，並對在臺灣地區已設有戶籍未成年子女，有撫育事實、行使負擔權利義務或會面交往。
十、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，對在臺灣地區已設有戶籍未成年子女，有撫育事實、行使負擔權利義務或會面交往。

Article 31
National Immigration Agency shall revoke the residence permit of an alien and cancel the alien’s Alien Resident Certificate if the alien’s reasons for residence disappear within the period of the residence. Where an alien meets one of the following circumstances, however, he/she shall be permitted to reside continually.
三、外國人於離婚後對在臺灣地區已設有戶籍未成年子女，有撫育事實、行使負擔權利義務或會面交往。
四、因居留許可被廢止而遭強制出國，對在臺灣地區已設有戶籍未成年子女造成重大且難以回復損害之虞。

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5

depends on several factors, but possible, if the child has a hhr.

  • I’m hoping that the answer will be yes

is/was the taiwanese parent your spouse and with hhr?

  • was

do you have custody or visitation right, or raise the kid?

  • seems like both parents would, right?
6

You need to listen to people like @tando, but I’ve not heard it being denied before. There could be reasons for denial.

1 Like
7

Isn’t ARC (based on parent) for foreign parents good only until Taiwanese child is 18 years old, or did law change so that foreigner can maintain ARC until death if child is Taiwanese?

8

article 31 of the above quoted law
依前項第三款、第四款規定准予繼續居留者，其子女已成年，得准予繼續居留。

1 Like
9

I understand.

Just to confirm for others, too…; if God forbid, my wife passes away, I, as a foreigner with current valid ARC (spousal), can continue to keep the ARC even when last child reaches 18 years old?

If so, does the ARC change from spousal to dependent or something similar and just need to be kept on child’s (as an adult) 戶口?

thanks @tando

10

My understanding is you’d need to change the spousal/family sponsored JFRV to an APRC before the child who sponsors it hits 18.

11

That wouldn’t make sense. In any country, usually the main reason foreign parents obtain residency visas from their citizen children is because they are elderly, so they can move in with them and be taken care of.

A child under 18 is not very likely to have to take care of elderly parents.

12

@tando 's Chinese pasted characters translate as: “Those who are allowed to continue to reside in accordance with the provisions of paragraphs 3 and 4 of the preceding paragraph may be allowed to continue to reside if their children have reached adulthood.”

So, it reads like what I want to confirm, correct?

13

I’m not sure if it means your arc supported by your minor child with hhr will not be canceled on the date when the child reachs 18, or you can renew it after the kid reachs 18.

maybe the latter, but if you need to reside here long term for reasons other than the one supporting your current arc, and eligible to get aprc, why not get it.

14

I think this is good. It covers a gap where some don’t get an APRC on time.

I have heard of a lady (a few years ago) who was widowed and had children. She neglected to apply for an APRC… Upon asking immigration what to do, they suggested she get remarried in order to stay :man_facepalming:

15

I’ve always had ARC while living here. Gives a bit more flexibility on leaving and not worrying about APRC’s 183+ minimum threshold to reside each year (yes, I know can apply to override this for a year or 2).

Thanks, all. Will probably have a direct chat with southern district immigration office when free.

16

I’ve been doing it for eight years no problem. Each extension is good for two years and can be done online.

17

APRC? and if so, no minimum stay yearly?

18

or aprc via work based arc. minimum is one day for five years.

19

Correct.