Difficulties when applying for a TARC as NWOHR

Hello,

I’m a NWOHR who would like to apply for a TARC (居留證) to be able to stay in Taiwan for a year, and then apply for permanent residency/citizenship (戶籍/定居).

The local Taiwan Office told me that it would be best if I ask the National Immigration Agency about the exact requirements because they weren’t sure themselves.

Luckily, my mother is currently in Taiwan, and she already went there to try to get some help. She says that it might be difficult in my case to apply for a TARC because she thinks that I “don’t fulfill any of the requirements.”

Looking through some other topics here, I’ve always assumed that it is enough for NWOHRs to apply for TARCs if they entered Taiwan with the ROC passport and an Entry Permit.

However, taking a closer look at document #303 (https://www.immigration.gov.tw/5385/7244/7250/7281/居留/36160/), I’m wondering whether any of those criteria apply to me:

  • “有直系血親、配偶、兄弟姊妹或配偶之父母現在在臺灣地區設有戶籍。…” My mother is Taiwanese, but she doesn’t have an active household registration anymore because she has left Taiwan.
  • “居住臺灣地區設有戶籍國民在國外出生之子女,年齡在二十歲以上。” I’m older than 20, but I didn’t register for a household registration—how would I even be able to do that since I don’t have a TARC yet?

Did I misunderstand some parts of the application process?

Can anyone tell me on what legal grounds an NWOHR applies for a TARC in general?

if your mother had a household registration before, she can activate it again.

內政部宣導戶籍已辦理遷出(國外)登記之國人,應持中華民國護照或入國証明文件入境始得辦理遷入(恢復戶籍)登記事。
https://www.roc-taiwan.org/usbos/post/3297.html

Thanks, already expected that you probably know the most about this stuff :slight_smile:

Just to make sure: I cannot use a copy of an old household registration, can I? Since my mother does not have an ROC passport anymore, can she also reactivate her registration after entering with a foreign passport? ("…或入國証明文件入境始得辦理遷入(恢復戶籍)")

My Chinese is unfortunately not good enough to fully understand all legal texts.

my guess is she would have to reactivate her HHR. It’s not hard to do, you go to the HHR office with the right paperworks and your passport with your entry stamp to do so.

The difficult part is actually finding a place that’s willing to let you register because 90% of all landlords won’t let you.

You do not lose your HHR permanently, you may get automatically “moved out” for leaving for too long but it can be reactivated anytime. However benefits like NHI would have to wait 6 months.

you need her active hhr. I think she cannot do it by her foreign passport. 入國証明文件 is a document issued by ROC.

入國證明書核發作業要點
https://www.boca.gov.tw/cp-211-423-cba79-1.html

四、獲發入國證明書國民,應於抵達我國機場或港口時向移民署設於該處之國境事務單位換領入國證明文件並繳納規費,持憑查驗入國;供持證人申辦護照或戶籍遷入登記。

Thanks for all your help. I’ll ask my mother whether she can renew her household registration one way or another, either with or without applying for a new ROC passport before.

In the meanwhile, is this discussion still valid? Reasons for NWOHR getting TARC

If I understood it correctly, the OP was able to apply for a TARC because her mother had a household registration at the time of birth (so like my case), so fulfilling this criteria:

  • “四、居住臺灣地區設有戶籍國民在國外出生之子女,年齡在二十歲以上。”

If it helps, my father had an own household registration before marrying my mother in Taiwan.

I then took a look at the requirements for the application again (“要帶什麼”), and it also doesn’t mention to bring a current household registration.

For what it’s worth, I’ll ask my mother to go to the Immigration Agency to clarify the paragraphs above.

Actually your mom might not need to reactivate the household registration. The National Immigration Agency told me that the key aspect of this part of this option for applying is that your parent had an active household registration at the time you were born overseas. So in my case I needed to provide them an authentic copy of my mom’s household registration (inactive), which shows it was active during the date I was born. My mom has already passed away, so I’m not sure if this condition is different for people whose parent is not deceased. While applying, I’ve found that there are lots of little details and requirements/requests that are not clearly defined in the law, but are necessary to prove things and process the paperwork.

It is definitely best to directly ask the immigration officials. I recommend going in person, and not over the phone (the people answering the phones have given my cousin conflicting information in the past).

You can read more about what my process was like here: Reasons for NWOHR getting TARC

On another note, someone mentioned above:

The difficult part is actually finding a place that’s willing to let you register because 90% of all landlords won’t let you.

I believe there was recent legislation passed to address this in part for people renting which takes effect June 1:

However, if your parent(s) reside outside of Taiwan, I’m not sure they would fall under this category if they are not renting.

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Linking all these threads may help someone later.

Here is some update.

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I’ve also posted an update that may be helpful to everyone in a similar situation, since my application appears to have been approved: Reasons for NWOHR getting TARC

In order to reactivate her household registration she needs to enter Taiwan with her taiwanese passport, if her passport is out if date it’s ok they (at the border) can give her an entry permit (pay something like 100-200nt) until she gets a new one.

I’ve read all posts but I guess no one is in the exact same position as me. I’m almost giving up and would like to ask what do you all think. This is my situation:

  • my father was born in Taiwan and moved to another country many years later
  • he met my foreigner mother and I was born. They got married one year after my birth. His HHR was no longer active by then. I’m over 30.
  • TECO believes I have enough documents to get a Taiwanese passport
  • However, TECO says my father will need to go to Taiwan if I want to apply for a TARC and my father has no intention to do that
  • I don’t have direct relatives in Taiwan. My aunt spends 6 months per year there, but I’m not sure if she has a HHR (my father thinks she doesn’t and anyway I don’t want to bother her with this as I don’t know her very well)

Do you think I have a chance?

I’d highly appreciate your advices! :slight_smile:

Did you already check this page?

Notices for the Application of National Living Abroad without Registered Household in Taiwan Area for Residence in Taiwan Area
https://www.immigration.gov.tw/5475/5478/141465/141808/141954/

From what I can tell in general and from my application, as long as your ROC parent has had a household registration in the past, the tracks are set up to you being able to receive a TARC. However, the “quests” that you need to complete and the documents that you need to collect will largely decide how difficult the process is, and whether you need your father’s involvement.

Your case is special in the fact that you were born before your parents got married, and the NIA has a special note for this:

非婚生子女:父為設有戶籍國民,檢附父已完成認領手續之三個月內戶籍謄本;母為設有戶籍國民,檢附母之國民身分證或戶口名簿正、影本(驗正本、收影本),出生證明載有生父姓名者,加附母未婚切結書。

(c.f. https://www.immigration.gov.tw/media/42540/相關證明文件一覽表.pdf)

Unfortunately, I cannot tell you how easy this is to achieve since we haven’t had this case before (as far as I know). The rest would depend on whether you are able to convince your father to return to Taiwan to re-activate his household registration. As long as the above note does not require your father to do anything in Taiwan, then you will be able to apply for a TARC without your father’s presence.

From my point of view, you have a chance; but keep in mind that there are basically two deciding factors: Whether you fulfill the TARC requirements by law, and how easily you conform to the NIA’s SOP.

Something to keep in mind if you cannot, for whatever reason, get the required documents for children born out of wedlock—consider my case: I had every document that the NIA asks for, but they wrongfully assumed that the Immigration Law would not apply to me, and this is why I had so many difficulties. But the law was on my side, and thus I was able to proceed. In your case, the law pretty clearly applies to you, and you may or may not be able to argue with the NIA about that. What I mean is that the law itself doesn’t say anything about all of these required documents—it is all the NIA’s implementation.

But this is just to show you another perspective if you inevitably experience your first setback. In any case, I would advise you to first apply for the NWOHR passport. You will more or less only need a translated copy of your birth certificate.

(If you were not born overseas, then you should tell us, because this would make all of this a little bit different.)

Some concrete details for your case:

my father was born in Taiwan and moved to another country many years later

So he has a HHR registration; this means you are a National, and you can apply for a TARC.

he met my foreigner mother and I was born. They got married one year after my birth.

This is the special thing about your case—you being born before your parents got married.

His HHR was no longer active by then.

Irrelevant for your TARC application.

I’m over 30.

A pity, if you are younger than 20, you’d have it a lot easier.

TECO believes I have enough documents to get a Taiwanese passport

Yes.

I don’t have direct relatives in Taiwan.

Your aunt doesn’t play any role in your TARC application. It will revolve around your father’s old HHR, and whether he wants to re-activate it or not.

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Thanks for your reply, @tando!

Yes, I checked this page a while ago, but if I’m not mistaken, I don’t think I fall under any of the categories described.

You fall under this if your father wants to re-activate his HHR:

有直系血親、配偶、兄弟姊妹或配偶之父母現在在臺灣地區設有戶籍。

Otherwise, you’d fulfill this, like me:

居住臺灣地區設有戶籍國民在國外出生之子女,年齡在二十歲以上。

But keep in mind the special “born before parents’ marriage” note.

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Thank you so much for your reply, @Lain! I really appreciate.

I will do as you suggested and apply for the NWOHR passport.

My country provides a different kind of marriage certificate that people usually use when applying for citizenship abroad. It is an official full report about a person’s life before marriage - this is what TECO required and I provided (I have no idea if there’s an English term for this kind of document). This marriage certificate says that my mother was never married neither had children before meeting my father, and that me and my siblings are all my father’s children (=we are not adopted). TECO said this document should be enough, but maybe they will require a DNA test, which is fine and easy to provide.

My main problem is if they require my father’s presence, as he is not willing to travel to Taiwan (I’m sure I could convince him, but I will not insist as he is old and the trip would be extremely long and tiring for him).

Also, I don’t speak Mandarin. Would I be able to do this whole process only with my somehow limited English? My father has been helping me with the process with TECO, but if I move to Taiwan I will be on my own.

I see, sorry for rashly assuming that you speak Mandarin. If you easily conform to the NIA’s required documents, you should be able to do it in limited English.

The 2 requirements that may apply to you are basically:

  1. Having a direct relative currently residing in Taiwan (= having active household registration in Taiwan; this is the one that would require your father to come here).
  2. Being born overseas to an ROC national who has had a household registration in the past and (you) being older than 20.

For your own benefit, make sure that you fully understand what it means to have a “NWOHR passport,” the difference being being a National and having citizenship, etc. If you have any questions about that, feel free to ask!

The TARC application will require:

  • The application form.
  • A translated and notarized copy of your birth certificate.
  • Your NWOHR passport.
  • A translated and notarized copy of your country’s criminal record about you.
  • A health examination.
  • Recent passport photos of you.
  • And in your case, the special document for applicants who were born before their parents’ marriage.

I would also suggest to get your father’s “授權書” (an authorization). This will allow you to get a copy of his HHR if it is required for any reason.

You will also need to decide whether you want to submit the application in Taiwan or overseas.

Keep in mind that after your received your criminal record, the time is ticking—the NIA only accepts this document as long as it is not older than 6 months.

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I believe I understand the difference between having a NWOHR passport and having citizenship. I don’t want to risk moving to Taiwan and not having a real chance of getting citizenship, as I know just the NWOHR on itself won’t help much. I didn’t know it was possible to submit my TARC application overseas though. Did I misundertood what you said or can I do everything through my local TECO? Because if that’s the case it would be much easier for me.

Thank you for your help :slight_smile:

If you have a right passport and a degree, I think it is not so hard to find an employer for a work based TARC.

Has been approved to work in the Taiwan Area by the central authorities in charge of labor affairs or the field of their employment pursuant to Subparagraphs 1 to 7 or Subparagraph 11, Paragraph 1 of Article 46 of the Employment & Service Act…

But, should you use the foreign passport to enter taiwan, to teach English? Then it cannot be a TARC?

tbh I don’t want to look for a job right away. I’ve never been to Taiwan, so I’d like to get acquainted with the country first and see what are the opportunities there to maybe start my own business.