I currently have an ARC which was sponsored by my Taiwanese wife (so my ARC is a JFRV), and I plan to get divorced around the time of the Chinese New Year. I’ve heard that if a foreigner has an ARC (as opposed to an APRC), then he/she must relinquish the ARC after getting a divorce and then leave the country and apply for a Visitor Visa to re-enter Taiwan (but I might be wrong about that). Here are my questions:
Is it true that I will have to relinquish my ARC after I get divorced? (The last time I renewed my ARC was just two months ago, and I renewed it for three years, so if I don’t relinquish my ARC, then I would be able to stay in Taiwan for almost three more years without having to do any visa runs.)
If I do need to relinquish my ARC, then when would be the deadline to relinquish it after I get divorced? And if I got divorced right before Chinese New Year, then would the 5 or 6 days when the Immigration Office is closed during the Chinese New Year still count towards the deadline?
Instead of relinquishing my ARC, could I simply change my ARC status from JFRV to a work-sponsored ARC without leaving the country? (I’m working full time as an English teacher.) Or would I definitely have to leave Taiwan and then come back to Taiwan with a Visitor Visa, and then get my school to sponsor me for a new ARC?
How long could I stay in Taiwan after I relinquish my ARC before I have to leave the country?
Of course! You can’t have an ARC based on a status you no longer have. Marriage.
You need to talk to the NIA about it, but it’s usually 14 days.
Yes. The NIA doesn’t discount days for you due to holidays.
You need to get your company to sponsor you for a work-permit and have it approved first, then get your divorce and you SHOULD be able to stay without leaving. However, it’s been said by others that the NIA won’t allow you to change from JFRV to employment based ARC without first leaving. Again. See the NIA first and ask them.
You mean how long after your divorce can you stay in Taiwan before you have to leave? Typically 14 days. But, you should really speak to the NIA first so you don’t accidently overstay. Ignorance of the laws, rules, and regulations are not an excuse that the NIA likes to hear.
If you mean how long can you stay after you are no longer married, no longer qualified for a JFRV due to divorce, and have already given up your ARC, the answer would be NO TIME. You can’t stay in Taiwan without a valid visitor visa, visa free entry, work-permit with ARC, JFRV with ARC, APRC. See the NIA.
[quote=“Northcoast Surfer”][quote=“Mark Nagel”]4. How long could I stay in Taiwan after I relinquish my ARC before I have to leave the country?[/quote]You mean how long after your divorce can you stay in Taiwan before you have to leave? Typically 14 days. But, you should really speak to the NIA first so you don’t accidently overstay. Ignorance of the laws, rules, and regulations are not an excuse that the NIA likes to hear.
If you mean how long can you stay after you are no longer married, no longer qualified for a JFRV due to divorce, and have already given up your ARC, the answer would be NO TIME. You can’t stay in Taiwan without a valid visitor visa, visa free entry, work-permit with ARC, JFRV with ARC, APRC. See the NIA.[/quote]
“NO TIME”? Does that mean after I go to the NIA office to turn in my ARC, I have to take the next bus to the airport in Taoyuan and then take the very next flight that leaves the country? I wouldn’t even have enough time to buy a plane ticket from a travel agent! Wouldn’t the NIA give me at least one or two days before I have to leave the country? If not, then it would be much more convenient if I could turn in my ARC at the airport rather than at the NIA office.
[quote=“Mark Nagel”][quote=“Northcoast Surfer”][quote=“Mark Nagel”]4. How long could I stay in Taiwan after I relinquish my ARC before I have to leave the country?[/quote]You mean how long after your divorce can you stay in Taiwan before you have to leave? Typically 14 days. But, you should really speak to the NIA first so you don’t accidently overstay. Ignorance of the laws, rules, and regulations are not an excuse that the NIA likes to hear.
If you mean how long can you stay after you are no longer married, no longer qualified for a JFRV due to divorce, and have already given up your ARC, the answer would be NO TIME. You can’t stay in Taiwan without a valid visitor visa, visa free entry, work-permit with ARC, JFRV with ARC, APRC. See the NIA.[/quote]
“NO TIME”? Does that mean after I go to the NIA office to turn in my ARC, I have to take the next bus to the airport in Taoyuan and then take the very next flight that leaves the country? I wouldn’t even have enough time to buy a plane ticket from a travel agent! Wouldn’t the NIA give me at least one or two days before I have to leave the country? If not, then it would be much more convenient if I could turn in my ARC at the airport rather than at the NIA office.[/quote]
You can’t stay in Taiwan without some kind of legal visa status. If you’ve turned in your ARC and/or it is invalid, you can’t stay in Taiwan.
So, you must go to the NIA and consult with them. You MUST NOT rely on the general “rule of thumb” advice you receive here!
Tell the NIA that you’re going to get divorced and ask them the following questions.
How long after you get divorced are you required to report the divorce and change of status to the NIA?
How long after you have reported your divorce are you able to stay in Taiwan to make arrangements to leave?
What is the exact date that you must be out of Taiwan?
When/Where are you required to turn in your ARC? NIA office? Airport? Can you keep it as a souvenir because it will be invalid anyway?
If you are able to get a valid work-permit before divorcing, could you simply transfer your ARC from your JFRV to the new work-permit without the requirement to leave Taiwan?
[quote]Can foreign spouses continue to reside in case of death of Taiwan citizen spouse or divorce?
I
Authorized Authority: Foreign Affair Division, NPA
II
Basis of Laws/regulations: Article 29 of Entry/Exit and Immigration Law and Article 11 of Regulations for Governing Stay, Residence and Permanent Residence of Foreigners
III
Procedures of Application: Application should be made to the Foreign Affair Division (Section) of the Police Bureau in the place of residence (stay).
IV
Notes:
A.
In case of death of the Taiwan citizen spouse, his/her foreign spouse may apply for continuing to reside in Taiwan by law no matter whether they have children. However, the residence certificate can be withdrawn if any danger to public interest is found.
B.
The foreign spouse who is divorced losses the reason for residence, therefore, he/she may not reside any more in principle, but for the sake of taking care of child (children), he/she may be allowed to continue to reside based on the reason of “other need for residence”.
C. In principle, legal problems would not be the reason for continuing to reside after divorce, however, the residence may be extended depending on the need of individual case.
[/quote]
Hi Mark, your user name “Mark Nagel” is the same as the name of a foreign national (Mark Nagel, Chinese name 丁馬克) who around 2005 won a widely publicized lawsuit that seemingly granted him the right to permanent residency (an APRC) based on the additional time lapsed during the process of the litigation he initiated to appeal against the original rejection of his APRC application.
Is this just a coincidence? (Just wondering, as I presume that the Mark Nagel who won the suit would now be holding an APRC.)
[Edit to add the following comment:]
Also, regardless whether or not you are the same Mark Nagel, if you don’t currently have an APRC, why not apply for one before getting divorced – if you have been married long enough to qualify for the APRC.
[quote=“Rotalsnart”]Hi Mark, your user name “Mark Nagel” is the same as the name of a foreign national (Mark Nagel, Chinese name 丁馬克) who around 2005 won a widely publicized lawsuit that seemingly granted him the right to permanent residency (an APRC) based on the additional time lapsed during the process of the litigation he initiated to appeal against the original rejection of his APRC application.
Is this just a coincidence? (Just wondering, as I presume that the Mark Nagel who won the suit would now be holding an APRC.)[/quote]
Yes, that is me. I won the lawsuit, but I still didn’t get the APRC because the National Immigration Agency told me that I would have to start all over with the paperwork because more than three months had lapsed since I got the Clean Criminal Background Report, the Physical Exam, proof of how much income I make each year, and all the other paperwork. Actually, I started the lawsuit in the year 2000, so it took 5 years to go through the courts until it finally got to the Supreme Court and I finally won the lawsuit. By that time, I would have been eligible for an APRC anyway. So I said “the Hell with it!” and I never re-applied for the APRC.
Now that I will get a divorce soon, I regret that I didn’t get an APRC. But I’ve been working full-time in Taiwan for the last 15 years, and I have a very stable job, so that’s why I didn’t have much incentive to get an APRC because I never planned to get divorced until about a month ago.
[quote=“Mark Nagel”][quote=“Rotalsnart”]Hi Mark, your user name “Mark Nagel” is the same as the name of a foreign national (Mark Nagel, Chinese name 丁馬克) who around 2005 won a widely publicized lawsuit that seemingly granted him the right to permanent residency (an APRC) based on the additional time lapsed during the process of the litigation he initiated to appeal against the original rejection of his APRC application.
Is this just a coincidence? (Just wondering, as I presume that the Mark Nagel who won the suit would now be holding an APRC.)[/quote]
Yes, that is me. I won the lawsuit, but I still didn’t get the APRC because the National Immigration Agency told me that I would have to start all over with the paperwork because more than three months had lapsed since I got the Clean Criminal Background Report, the Physical Exam, proof of how much income I make each year, and all the other paperwork. Actually, I started the lawsuit in the year 2000, so it took 5 years to go through the courts until it finally got to the Supreme Court and I finally won the lawsuit. By that time, I would have been eligible for an APRC anyway. So I said “the Hell with it!” and I never re-applied for the APRC.
Now that I will get a divorce soon, I regret that I didn’t get an APRC. But I’ve been working full-time in Taiwan for the last 15 years, and I have a very stable job, so that’s why I didn’t have much incentive to get an APRC because I never planned to get divorced until about a month ago.[/quote]
Why don’t you get the APRC and then get divorced? Just refuse to go to the Household registration office to register the divorce until your APRC comes through.
[quote=“Rotalsnart”]Also, it seems to me that under the law, in theory, even if you were to get divorced now, you would still have a 2 year window to apply for the APRC.
Nevertheless, I wouldn’t test this theory. I would still follow Feiren’s suggestion and get the APRC before getting divorced.[/quote]
To follow this route, he would need an ARC of some kind (e.g. a work-related ARC from his employer) while he completes the paperwork for the APRC based on the last ARC. But I wouldn’t personally chance it because the previous ARC was JFRV-based, and I can see that being a problem that might generate another court case against APRC rejection.
The best route is the one Feiren offered: delay the divorce till you have an APRC in hand. Hopefully your wife isn’t the vindictive and aggressive type. Maybe you can pacify her with the promise of additional cash while she “waits” for you to get your paperwork in order.
[quote=“spaint”][quote=“Rotalsnart”]Also, it seems to me that under the law, in theory, even if you were to get divorced now, you would still have a 2 year window to apply for the APRC.
Nevertheless, I wouldn’t test this theory. I would still follow Feiren’s suggestion and get the APRC before getting divorced.[/quote]
To follow this route, he would need an ARC of some kind (e.g. a work-related ARC from his employer) while he completes the paperwork for the APRC based on the last ARC. But I wouldn’t personally chance it because the previous ARC was JFRV-based, and I can see that being a problem that might generate another court case against APRC rejection.
The best route is the one Feiren offered: delay the divorce till you have an APRC in hand. Hopefully your wife isn’t the vindictive and aggressive type. Maybe you can pacify her with the promise of additional cash while she “waits” for you to get your paperwork in order.[/quote]
I agree that it would be better for me to first get an APRC before I get a divorce. But it would probably take more than a month to get all of the paperwork ready to apply for an APRC. I am the one who wants to get divorced, and fortunately my wife has agreed to get divorced without being bribed. So I don’t want to wait very long until I am a free man because if I wait too long, she might change her mind and decide that she won’t agree to get divorced unless she is bribed.
I have called the nearest office of the National Immigration Agency (NIA) and asked them about the deadline to relinquish my ARC, and I was shocked at their answer. Here’s what they said:
[b]
I can change my JFRV-based ARC to a work-sponsored ARC without ever leaving Taiwan!
In fact, I can change my JFRV-based ARC to a work-sponsored ARC even before I am divorced!
The deadline to change my JFRV-based ARC to a work-sponsored ARC is 30 days starting from the day when I get divorced.[/b]
So I decided to change my JFRV-based ARC to a work-sponsored ARC as soon as possible, even before I am divorced. That way, I don’t need to worry about the 30-day deadline. Then I asked the school where I teach what documents I need to apply for the work-sponsored ARC. They said that the only thing that they need are one passport-sized photograph, my school contract, and proof that I have filed for income taxes in Taiwan in May 2010 for the 2009 tax year. (I haven’t yet filed my taxes for the 2010 tax year, of course.) The Chinese word for the document which shows proof of filing taxes is 納稅證明 (na4 shui4 zheng4 ming2).
I tried going to the local tax office (國稅局 guo2 shui4 ju2) and asking for the proof of filing taxes, but they refused to give it to me because my wife and I filed taxes jointly last year, so they wouldn’t give it to me unless I had my wife’s Taiwan ID card and signature chop, as well as my ARC card. So I called my wife and asked her if she could mail me her Taiwan ID card and signature chop, but she refused. Then I asked my wife if she could try to apply for the proof of filing taxes by herself and then mail it to me. She reluctantly agreed, but the tax office near where she lives refused to give it to her because she didn’t have my ARC card. So I had to mail my ARC card to her by registered mail (掛號信 gua4 hao4 xin4). I mailed it to her last Friday, but she still hasn’t gotten around to applying for the proof of filing taxes yet. And also I don’t know when she’ll return my ARC card!
After my wife sends me the document which shows proof of filing taxes, I’ll take it to my school right away to apply for the work-sponsored ARC. I’ll keep everyone posted about my progress.
[quote=“Mark Nagel”]I have called the nearest office of the National Immigration Agency (NIA) and asked them about the deadline to relinquish my ARC, and I was shocked at their answer. Here’s what they said:
[color=#FF0000][b]
I can change my JFRV-based ARC to a work-sponsored ARC without ever leaving Taiwan!
In fact, I can change my JFRV-based ARC to a work-sponsored ARC even before I am divorced!
The deadline to change my JFRV-based ARC to a work-sponsored ARC is 30 days starting from the day when I get divorced.[/b][/color]
So I decided to change my JFRV-based ARC to a work-sponsored ARC as soon as possible, even before I am divorced. That way, I don’t need to worry about the 30-day deadline. Then I asked the school where I teach what documents I need to apply for the work-sponsored ARC. They said that the only thing that they need are one passport-sized photograph, my school contract, and proof that I have filed for income taxes in Taiwan in May 2010 for the 2009 tax year. (I haven’t yet filed my taxes for the 2010 tax year, of course.) The Chinese word for the document which shows proof of filing taxes is 納稅證明 (na4 shui4 zheng4 ming2).
I tried going to the local tax office (國稅局 guo2 shui4 ju2) and asking for the proof of filing taxes, but they refused to give it to me because my wife and I filed taxes jointly last year, so they wouldn’t give it to me unless I had my wife’s Taiwan ID card and signature chop, as well as my ARC card. So I called my wife and asked her if she could mail me her Taiwan ID card and signature chop, but she refused. Then I asked my wife if she could try to apply for the proof of filing taxes by herself and then mail it to me. She reluctantly agreed, but the tax office near where she lives refused to give it to her because she didn’t have my ARC card. So I had to mail my ARC card to her by registered mail (掛號信 gua4 hao4 xin4). I mailed it to her last Friday, but she still hasn’t gotten around to applying for the proof of filing taxes yet. And also I don’t know when she’ll return my ARC card!
After my wife sends me the document which shows proof of filing taxes, I’ll take it to my school right away to apply for the work-sponsored ARC. I’ll keep everyone posted about my progress.
Mark[/quote]
Mark,
That is totally AWESOME information! I hope that it works out just like the NIA says it will. Good luck. Fingers crossed for you.
Now,I’m wondering whether the NIA has changed the policy requiring leaving Taiwan after divorce, or if the NIA officers who have told me this on many separate occasions were actually talking out of their asses and giving me their opinions versus what the actual laws or rules truly say. Hmmmmm. BTW…which NIA office gave you the good news?
Please keep us posted as you will be our public guinea pig test case.
I hope the whole process went smoothly. I think you should still consider getting the APRC once you’ve got a chance, but if you want something quick then a work-based ARC is probably your best bet if you can directly transfer from your JFRV-based ARC to the work one.
[quote=“scomargo”]How did it go? The suspense is killing me.
I hope the whole process went smoothly. I think you should still consider getting the APRC once you’ve got a chance, but if you want something quick then a work-based ARC is probably your best bet if you can directly transfer from your JFRV-based ARC to the work one.[/quote]
I’m sorry that it is taking much longer than I expected. Here’s the update:
On January 6th (Friday), I mailed my ARC card to my wife so that she could go to the income tax office (國稅局 guo2 shui4 ju2) and apply for proof that I filed income taxes (納稅證明 na4 shui4 zheng4 ming2) in May 2011 for the 2010 tax year. (My wife and I filed income taxes jointly, so that’s why it was necessary to have both my wife’s ID card and my ARC card to apply for the proof of filing taxes.)
My wife got my ARC card in the mail on January 10th (Tuesday).
My wife went to the income tax office on January 13th (Friday) and got the proof that I filed income taxes in May 2011 for the 2010 tax year (納稅證明 na4 shui4 zheng4 ming2).
The next time I saw my wife was a week later, on January 20th (Friday). We only saw each other for a few minutes, but she returned my ARC card and she also gave me the 納稅證明 (na4 shui4 zheng4 ming2).
My school was closed for Chinese New Year from January 20th (Friday) to January 30th (Monday). So that delayed everything for 11 days.
On January 31st (Tuesday), I gave the 納稅證明 (na4 shui4 zheng4 ming2) to the administration personnel at my school. They told me that the application for my work permit is now complete, so they will apply for it right away.
On February 2nd (Thursday), I asked the administration personnel at my school if they got my work permit yet. They said that they hadn’t received it yet, but they will call me right away when they get it.
It is now the evening of February 3rd (Friday). My school still hasn’t called me yet, and my school is closed during the weekends, so the earliest that they will receive my work permit will be next Monday, February 6th.
By the way, I still haven’t gotten divorced yet. My wife and I are still trying to work out the details of the divorce contract, which is also taking much longer than I expected.
[quote=“Mark Nagel”]9. By the way, I still haven’t gotten divorced yet. My wife and I are still trying to work out the details of the divorce contract, which is also taking much longer than I expected.
Mark[/quote]
My Ex and I wrote our own. No lawyers no heated disputes. PM me I probably still have a copy. It’s in Chinese though.
My wife and I are also writing up our own contract. However, we have had some heated disputes about it, which is why it is taking so long to reach an agreement.
BTW…which NIA office gave you the good news?
