Hello everyone, I have a spouse based ARC and I’m going to apply for naturalization soon. I’m bit worried about my situation because we are going to have a divorce as soon as we hear from the household department about my naturalization application (approval and rejection). So here are the things that I am confused with.
Is it safe to get divorce right after my application is approved?
Will my ARC (1 year to expire) be cancelled if we divorce? If it is cancelled, will I still have working rights with this approval certificate?
Does one get this TARC right after the approval of the application OR after filing of renunciation certificate?
You will get your TARC right after the approval of the application for naturalization [you need to apply for the TARC at NIA after the approval]. You should file renunciation certificate within 1yr from the approval. You will not get your household registration if you will not renounce your original citizenship.
EDIT to add:
You first apply for naturalization at household registration office. Then if it is approved, you apply for your TARC at National Immigration agency. At least till you get the TARC, you need to be married.
1 & 2 If I were you I consult to a lawyer. You may get a free consultation at legal aid foundation or government also has that kind of service. http://www.laf.org.tw/
If the TARC would be canceled due to the divorce (my impression is it may not be canceled, though), you will not have the right to stay Taiwan, so no working rights.
Edit to add:
In the case of marriage based ARC, spouses don’t lose their working right as far as their ARCs are valid even if they are divorced later. Their ARCs could be canceled due to the divorce, though.
In your case, your TARC may be based on naturalization, so it may not be cancelled due to your divorce. My guess is if you have a work right when you get the TARC, you would have the right as far as the TARC is valid.
Hey Tando, a big thank for your quick reply again. I think this is the answer I was looking for. I’m sure that I can tolerate until I have the TARC.
“Edit to add:
In the case of marriage based ARC, spouses don’t lose their working right as far as their ARCs are valid even if they are divorced later. Their ARCs could be canceled due to the divorce, though.”
So, the above information sounds contradictory to me. Maybe I should call that legal aid foundation for the clarification on that.
That’s what my guess is because as per the new amendments in Nationality Act, spouses are eligible to stay in Taiwan (at least until their ARC is valid) even after a divorce. So there is no point striping them of their working right while they’re here.
