Conscription and Immigrant Visa

Legal Military Conscription
#1

I am a male, Taiwanese citizen, born after 1994, and currently a first year college student living in Taipei. I was recently approved for a family-based immigrant visa, and now have less than 6 months to enter the United States based on the given expiration date. I have not served my military requirements yet, and there does not seem to be enough time to do so before the immigrant visa expires.

My questions are: will I be allowed to leave Taiwan/enter the US without having served in the military? I had originally planned to serve after completing my degree, but I now plan to finish my schooling in the US. Am I able to still defer service because I will still be a full time student?

Another route, is it possible to postpone entering the US in order to complete my military service before leaving? I will be confirming with the consulate as to what my options are, but was looking for any help in the meantime.

Thank you.

#2

I’m assuming you read Chinese.

役男出境處理辦法
http://law.moj.gov.tw/MOBILE/law.aspx?pcode=d0040006

第 4 條
役男申請出境應經核准，其限制如下：
五、役男申請出境至國外就學者，應取得國外學校入學許可。赴香港或澳
門就學役男，準用之。
七、因前六款以外原因經核准出境者，每次不得逾四個月。
役男申請進入大陸地區者，準用前項第一款至第四款及第七款規定辦理。
但前項第一款、第二款之準用，以就讀教育部所採認之大陸地區大學校院
正式學歷學校及科系者為限。
役男依第一項第五款或第六款規定申請出境就學者，其就讀學歷及就學最
高年齡之限制，準用第五條第一項規定辦理。

English version

Regulations for Exit of Draftees
http://law.moj.gov.tw/MOBILE/lawEng.aspx?pcode=D0040006

#3

Thank you tando for the link. This was helpful.

It seems under Article 4, the following would best fit my scenario: ‘Any draftee applying for studying in a foreign country is required to be admitted by a school.’ If I show that I have been admitted to a school in the US, then I should not have issues.

I am wondering though, since I already have in my hands a Visa, does this not count as a form of approval for an application to exit? Or will there be other processing or documents that I need before exiting Taiwan?

#4

You might want to read this law, though I’m not fully understanding its contents.

尚未履行兵役義務男子申辦護照及僑居身分加簽限制辦法
http://law.moj.gov.tw/MOBILE/law.aspx?pcode=E0030015

#5

unless you renounce taiwanese citizenship, you still have the duties of the citizen, no matter what country gives you another citizenship. And, you cannot renounce taiwanese citizenship before you complete the conscription. Imo, the visa to immigrate to US cannot be a reason to exit the country, but you should confirm the exact rules at NIA.

#6

Interesting. I did not know that.

Conscription-eligible citizens cannot give up ROC citizenship (國籍法第11條).

With foreign citizenship or permanent residence, you should be able to defer military service until you age out. This is very different than ignoring the conscription notice which is in violation of law (妨害兵役治罪條例), approximately a deserter. There is a prison term and a statute of limitations involved, it doesn’t just magically go away.

#7

FYI

National Conscription Agency, Ministry of the Interior
FAQ
https://www.nca.gov.tw/Enaspx/faq.aspx?web=32