Hi,
I am to be deported from Taiwan after living here for five years always with ARC. Recently, I took a side job and was reported by someone wishing to attack school, and used me as scapegoat. I know what I did was not ok or legal(I don`t need judgement or lectures), I want to try to appeal as I have been a good citizen except for this incident so feel it is a harsh penalty so would appreciate info on how to do this.Any help or info would be appreciated. Thank you.
Also, can I return on a student visa?
You could ask the people deporting you what that means. If you can come back in on another visa or you are to remain abroad for X years. They will tell you.
Sadly I think it usually means a period of time when you can not re-enter the island for any reason.
Again, I would ask them what this means exactly. They wonât be shy to tell you.
[quote=âpattikâ]Hi,
I am to be deported from Taiwan after living here for five years always with ARC. Recently, I took a side job and was reported by someone wishing to attack school, and used me as scapegoat. I know what I did was not ok or legal(I don`t need judgement or lectures), I want to try to appeal as I have been a good citizen except for this incident so feel it is a harsh penalty so would appreciate info on how to do this.Any help or info would be appreciated. Thank you.[/quote]
You were aware of your illegal acts and broke the law nevertheless. The consequences of illegal work are well known. Unless you did not actually work illegally, I do not see any way to avoid cancellation of your ARC. After all this is what the Employment Services Act, Immigration Act as well as the Act Governing stay of Aliens in the ROC mandate.
Note that you are not being deported (yet), rather you were informed of the NIAâs intention to cancel your ARC. There may or may not be a ban on employment and visa free entry for a certain amount of time. You may also have to pay a fine of up to 30,000 NT$. Make sure to talk to the NIA and CLA to get these details.
Also, if you want help and not get judged for the obvious stupidity to illegally work as someone who is not FOB, pay a lawyer and get professional help. You do not get to set conditions here. 
Often it results in a five year ban on reentry to Taiwan, at least thatâs what I heard in similar cases.
You can appeal. You need to talk to a lawyer if you really want to appeal. Unfortunately, you will be deported first and have to manage your appeal from abroad. The facts of your case donât look to promising from what you have said, but get advice from a Taiwanese lawyer to find out what your situation really is.
Fortunately, Hsinhai doesnât get to say what the law is or how it applies to your situation. Ignore his glee at your misfortune.
[quote=âFeirenâ]You can appeal. You need to talk to a lawyer if you really want to appeal. Unfortunately, you will be deported first and have to manage your appeal from abroad. The facts of your case donât look to promising from what you have said, but get advice from a Taiwanese lawyer to find out what your situation really is.
Fortunately, Xinhai doesnât get to say what the law is or how it applies to your situation. Ignore his glee at your misfortune.[/quote]
How many have won their appeals? One in a thousand?
Not sure. Very few people actually end up filing appeals because they are no longer in Taiwan. I would guess that very few succeed. The OP would need to ask a lawyer about this. He also needs to find a lawyer with experience in this area and one who will give him good advice on the probably outcome. I doubt a thousand have filed appeals, but I suspect the success rate among those who have is pretty low especially after having been caught working illegally.
Oh Feiren 
If you only knewâŚ
An appeal makes absolutely no sense in OPâs situation, regardless whether he gets to file it from within Taiwan or not. OP admits his offense and was caught red handed. On what grounds would the appeal be filed? Common Feiren, explain it and stop being a hobby lawyer.
The reason why nearly nobody wins an appeal (or does not even bother filing one) is because these people were caught red handed and they know it. There is no denying. And even any procedural mistakes on behalf of the NIA do not nullify the ARC cancellation.
Face it, you are out for a FOB mistake. Have a good flight.
So,
You`ve neverhad privates, many labour dept officers and police officers have their kids enrolled in kindergarten with foreign teachers-spare me the lecture on morality.
I never worked as a teacher, hence I never had privates.
From what Iâve heard thereâs not much you can do once youâve signed your name to a âconfessionâ.
So itâs probably best to get your affairs in order now.
[quote=âheadhonchoIIâ]From what Iâve heard thereâs not much you can do once youâve signed your name to a âconfessionâ.
So itâs probably best to get your affairs in order now.[/quote]
Isnât that the rule that they have been telling people on here for years?
Donât sign anything
Donât sign anything
Donât sign anything
Donât sign anything
Oh yea and most importantly
Donât sign anything
I guess if you still want to stay in Asia there is still Korea, Japan, Singapore and others.
Sorry to hear of your predicament though OP
[quote=âpattikâ]So,
You`ve neverhad privates, many labour dept officers and police officers have their kids enrolled in kindergarten with foreign teachers-spare me the lecture on morality.[/quote]
Yes but those people dont get deported. Reality is you will be barred from returning. Many foreign kindy teachers have
Aprc or jfrv & they wont be deported for kindy or private teaching. This isnât about morality, itââs about your appeal for breaking your visa condition.
Talk to immigrtion about how long you will be barred from returning. They wonât give you a student visa if you are deported. Donât waste money on a lawyer.
There are no grounds for an appeal anyways. OP admits he broke the law and the consequences are well known. Itâs not like OP was in a different cram school than the one listed on his ARC by accident. Regardless of the motivations of the person that reported him, he broke the law - there is simply no way around it. The NIA could not care less about him having to give up his life on this island and neither is that a valid reason for appeal.
But please OP, on what grounds do you want to appeal?
Its the TW govts fault for having stupid rules. Canât work at a different school from your ARC, canât teach privates. Didnât use to be that way.
But since there are rules, breaking them brings possible punishment. Donât want to do the time, donât do the crime.
See if you can go and talk with the Immigration people. Sometimes, they will let you off on the spot. Speak to a manager. Chances are slim but worth trying?
At least you will know where you stand.
The good thing is that if you are banished from the rock for , say five years, you will have set up a new life somewhere that maybe will turn out to be a better thing?
Hope you donât have any pets to leave behind.
[quote=âhsinhai78â]There are no grounds for an appeal anyways. OP admits he broke the law and the consequences are well known. Itâs not like OP was in a different cram school than the one listed on his ARC by accident. Regardless of the motivations of the person that reported him, he broke the law - there is simply no way around it. The NIA could not care less about him having to give up his life on this island and neither is that a valid reason for appeal.
But please OP, on what grounds do you want to appeal?[/quote]
You have no idea whether he has grounds for an appeal or not. If nothing else, he might try humanitarian grounds.
May I add to the chorus above: DO NOT SIGN PAPERS THE POLICE PREPARE. YOU DON"T HAVE TO DO IT. IT WILL NOT HELP YOU TO SIGN OR MAKE YOUR PROBLEM GO AWAY. THEY WILL NOT GIVE YOU A BREAK. YOU ARE SIGNING A CONFESSION THAT MAKES IT VERY DIFFICULT FOR ANYONE TO HELP YOU. THEY WILL LIE CHEAT AND STEAL TO GET YOU TO SIGN BECAUSE IT IS THE EASIEST WAY FOR THEM TO WRAP UP A CASE.
To the OP: donât feel foolish about this. Smart people make this mistake all the time. The cops are not stupid and have a lot of experience in cajoling and threatening people into signing police statements.
Technically you are not being deported â your visa has been revoked though an administrative procedure and you are being asked to leave. Itâs not the same thing as a court-ordered deportation and thereâs little to appeal against.
If you have already signed a confession that says you were working illegally, then the case is closed already - you just saved the cops a whole lot of mafan having to compile evidence of your wrongdoing.
An appeal to the NIA directly or through the CLA or a sympathetic FAP officer might buy you a bit more time to wrap up personal affairs, but the outcome is pretty much inevitable.
If I was you youâd Iâd go to the hospital and start some lengthy medical treatment that requires a bunch of follow-up visits.
[quote=âFeirenâ][quote=âhsinhai78â]There are no grounds for an appeal anyways. OP admits he broke the law and the consequences are well known. Itâs not like OP was in a different cram school than the one listed on his ARC by accident. Regardless of the motivations of the person that reported him, he broke the law - there is simply no way around it. The NIA could not care less about him having to give up his life on this island and neither is that a valid reason for appeal.
But please OP, on what grounds do you want to appeal?[/quote]
You have no idea whether he has grounds for an appeal or not. If nothing else, he might try humanitarian grounds.
May I add to the chorus above: DO NOT SIGN PAPERS THE POLICE PREPARE. YOU DON"T HAVE TO DO IT. IT WILL NOT HELP YOU TO SIGN OR MAKE YOUR PROBLEM GO AWAY. THEY WILL NOT GIVE YOU A BREAK. YOU ARE SIGNING A CONFESSION THAT MAKES IT VERY DIFFICULT FOR ANYONE TO HELP YOU. THEY WILL LIE CHEAT AND STEAL TO GET YOU TO SIGN BECAUSE IT IS THE EASIEST WAY FOR THEM TO WRAP UP A CASE.
To the OP: donât feel foolish about this. Smart people make this mistake all the time. The cops are not stupid and have a lot of experience in cajoling and threatening people into signing police statements.[/quote]
Okay, so letâs play this through:
(1) Was OP caught red-handed working illegally? Check.
(2) Does the NIA / CLA have sufficient evidence? Considering that they usually take photos and videos - Check.
(3) Did the NIA / CLA break internal protocol? Irrelevant as they caught him red handed.
On what humanitarian grounds would the OP appeal? He is most likely from a country with a higher GDP per capita than Taiwan and has at least a bachelor degree. Does he have dependents with ROC nationality in the Taiwan Area - in that case he would most likely be here on JFRV and not be in his current situation.
So please Feiren, what sense exactly does it make for the OP to appeal?
IMHO I would suggest OP either of the two:
wrap up your affairs and search for a new job elsewhere in Asia
Outside of the regular procedure, beg the NIA for mercy and pretend to be entirely clueless about the legalities. Say you acted in good faith and hope for mercy.
OP was not cheated by the NIA / CLA - there are no grounds for appeal except OP not liking the outcome of his illegal moonlighting.
This is incorrect and exactly the misconception I wanted to address in my first post. You can appeal administrative decisions like this. You appeal first to the agency (in this case the Ministry of the Interior above the NIA). If they deny your appeal, then you have standing to bring a case in the administrative courts.