Deportation issue: banned / blacklisted from entering Taiwan?

Dear all,

My friend is facing deportation because of violating work contract. In nutshell, he had a working permit issued by one company (the company that brought him here), but at the same time worked for another company (due to a lack of money during pandemic). So he will be soon deported and according to the
Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act
, article Article 2-1 can’t obtain working visa in Taiwan during next 3 years. However, I think the law doesn’t forbid coming back to Taiwan within those three years under any other reason.

So my question is: Has anyone of you ever encountered this or similar situation? If yes, how did you return back to Taiwan? Have you been banned / blacklisted from entering Taiwan for the period specified in law? Or did you find any other legal way to get back to Taiwan very soon after being deported, but simply avoided working here?

I’d be glad to hear any ideas and your stories or stories from people that you know.

I know someone who was deported because she had signed a contract with a modeling “agency” that said she wouldn’t take any other modeling jobs. The modeling agency in question spends most of its time and energy doing going after its foreigners for taking other jobs instead of finding jobs for its models. Obviously she was caught doing other modeling jobs. After a long legal battle, I think she was able to return after one year. But it was quite clear there was no way to come back earlier than that. Where’s @Marco’s lawyer?

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point_cheburashka

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That’s an accountant.

I quoted the wrong one. Edited.

If you’re deported your ban is a ban on returning not on working. Working illegally means a ban on reentry. It’s highly unlikely you’d be let back in as a tourist since you were already here working.

Immigration is often very vague about the nature and length of bans but the computer at the airport isn’t.

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The below website link from MOI seams to have a good summary of reasons why could be ban entry. In particular the working without permission states:

IV. Any alien, who has ever overstayed his/her visit, residency, or has ever worked illegally, shall be banned from entry for a period of time as prescribed below:
a. Overstaying the visit or residency for under one year, shall be subject to a ban from entry for one year; overstaying over one year shall be subject to a ban from entry for a period equal to the length of the overstay, but the entry ban shall not exceed three years;
b .Working illegally, shall be subject to a ban from entry for three years.
The period of the entry ban stated in the preceding paragraph starts from the day following the exit of the alien.

It then goes on to detail exemptions:

XI. Any alien married to a national with household registration with marriage registration, to a legal national without household registration who is legally residing in the R.O.C. or to an alien who has permanent residency in the R.O.C. with a document that verifies such a marriage, may apply to waive the ban on his/her entry imposed due to overstaying his/her visit or residency, or working illegally if he/she meets one of the following conditions:
a. His/Her spouse is suffering from a serious illness in Taiwan;
b. His wife has been pregnant for over 21 weeks;
c. He/She and his/her spouse have a biological child;
d. He/She was married before the entry ban is imposed and has left the country for one year;
e. He/She has been married during the entry ban and has been married for over one year.

Any alien who has been banned from entry due to overstaying his/her visit or residency, or working illegally may apply to waive a ban on his/her entry if he/she meets one of the following conditions:
a. He/She has obtained the rights or has assumed the obligations to his/her biological minor child who is a national with household registration ;
b. Due to domestic violence, he/she has been granted a divorce by an R.O.C. court, and he/she has a biological minor child with a national with household registration.

Additionally:

XV. Any alien or his/her foreign spouse, who has been banned from entry for overstaying his/her visit or residency or working illegally, may apply to be exempted from the ban if he/she has specialized skills that are recognized by the relevant central competent authorities to be highly needed or difficult to be quickly cultivated in Taiwan.

https://www.moi.gov.tw/english/News_Content.aspx?n=7630&s=143762

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Is there any incentive for this agency to go after foreigners working elsewhere? I mean do they get a reward for this? Otherwise what’s the point to spend time and money and energy doing this?

Like how would a company even be around if all they do is go after people for working elsewhere?

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that employer sounds pretty scummy.

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That already should be a reason to not being deported.

How and who discovered that he was working for another company? Was he teaching?

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Did your friend have a work permit with the other company?

Exclusivity. Models (or any worker in fact) for an agency are ‘assets’ especially if they are locked in with the prospect of deportation if they don’t comply. Pretty shite

Well if they aren’t giving that person much work then what financial incentive do the agency have to report them?

Either guarantee a certain amount of hours with the stipulation that you can’t work for others, or don’t have that clause.

The consensus seems those types of employers are just immoral, sellfish assholes. Sometimes things are actually quite simple and lack depth :slight_smile:

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My understanding is that a lot of modeling “agencies” exist in Taiwan almost exclusively to trap unsuspecting foreigners into a shitty contract that prevents them from doing anything else, while also not getting them any opportunities to get jobs, and then “catching” them and suing them for a lot of money when they inevitably find work elsewhere.

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You can’t sue someone for what he don’t have…

It just seems petty and more work than it’s worth.

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The other company opened a work permit. But they new that my friend already has a work permit issues by another agency and still did that. What I don’t understand is why the government allows to do that. I mean if a person has a work permit from on company, why the government issues work permits to work for another company? Why do they even accept this kind of applications…

You’re allowed to have a second job if you have a work permit. Maybe the employer lied to the govt.

I thought they worked illegally without a permit. I would absolutely call a lawyer now.

He called a lawyer already.

Then I have nothing more than to say Good Luck and hope he wins!

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