Do I have a chance of getting a Taiwanese passport and TARC?

Hi,

I’ve been trying to find out information on my eligibility to Taiwanese nationality and I’m glad to have found this forum.

My circumstances is something like this:

  1. I was born outside of Taiwan in the 1980s to my Taiwanese mother who had a household registration and citizenship and a foreigner dad when I was born
  2. My mom is no longer a Taiwanese citizen but I have living relatives in Taiwan(my uncles, aunties and cousins) but no living relatives in my grandfather’s generation.
  3. My mom had never registered my birth in Taiwan in any way.
  4. I have not started any of the steps towards getting Taiwanese nationality.

From my understanding, I should be eligible for Taiwanese nationality on basis of my mom, but I don’t have a straight route to getting a National ID card from there.

So I’m trying to find out how I can:
Step 1: establish Nationality
Step 2: try to establish household registration in the future.

With step 1, I’ve been checking the immigration.gov.tw and boca.gov.tw websites but I’m having trouble finding the actual documents I need to produce in order to get a Taiwanese passport from overseas.

As for Step 2: as my mom’s no longer a citizen (although she has her 喪失國籍許可書and a old copy of her household register). Will that prevent me from getting a TARC or getting national ID card in the future?

Thanks in advance for any advice you can give.

Why do you believe this to be true? Did she renounce her Taiwanese citizenship at some point? If not, she’s still a citizen.

you need to apply for the passport at TECO in your country. On their website, there may be more info, at least in Chinese.

This page lists what documents you need.
國外出生首次申請護照
https://www.boca.gov.tw/cp-24-144-be9ff-1.html

Your mother is not a citizen, but still a national, right? If so, she may need to renew her passport, and visit taiwan to reactivate her citizenship for you to get TARC and your citizenship.

Sorry, you wrote 喪失國籍許可書. So she is not a national. In this case, the process may be more complicated, but I think you still can get TARC by some way. The first step may be to consult with TECO in your country.

Thanks for the link, unfortunately, the link on the form no longer works, I’ll try to check with TECO about the requirements for getting a passport and if they can shine any light on getting a TARC for someone in my circumstance.

Will really appreciate any info from any of you that have gone through the process cos I’m still not too sure what to do to get a TARC or eventually an ID if I still qualify.

Did you find anything out by talking to your TECO? Incidentally, I’m in a situation 99% similar to yours—born overseas to a Taiwanese mother, grandparents deceased, mother has given up her passport, no current household registration—, and I’d love to hear what the TECO said about applying for a TARC. My local TECO has been unhelpful on that matter, unfortunately.

One thing I already did though that you haven’t is getting a Taiwanese passport. As such I can already tell you that it is possible to at least get the NWOHR passport, despite your mother not being a citizen anymore. As far as I remember, you only need a proof that your mother was a citizen some time in the past, and in my case my birth certificate already states that. I only had to get it translated into Chinese and let the TECO certify the translation.

I’m now in the process of gathering all information on how to apply for a TARC in a case like ours—that is, no current “household connection” to Taiwan whatsoever. As far as I know, for the TARC application you cannot utilize your mother’s sisters/brothers household at all (and our grandparents are out of question).

Broadly speaking, the process looks something like this:

  1. Apply for an NWOHR passport.
  2. Translate and certify your parents’ marriage certificate (if not already needed for the passport)
  3. Prepare a “household registration proof” (my wording) of one of your parents (mother’s in our case).
  4. Prepare the TARC application form.

The next items should be done within 6 months:

  • Apply for an entry permit.
  • Get your country of residence’s criminal record, translated and certified.
  • Enter Taiwan with your NWOHR passport, but bring your other passport as well.
  • Get your health check done in Taiwan.
  • Take photos.
  • Submit application with all of the documents above.

For me, it’s task #3 that is giving me a headache. On the TARC application form, you need to specify a reason under which you apply for a TARC. Most applicants can use this one: (1) 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。

However, our mother doesn’t have a current household registration anymore. The other option is: (3) 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。

And the back of the application states that for (3), you need to bring your mother’s 身分証 or a “戶口名簿”. Most people interpret that this household registration must be an active one (which I find curious because then you could use option (1) to apply). To make matters worse, my mother doubts that I can use her 30 years-old 戶籍謄本 (even though it’s an original and not a copy).

Unfortunately, the information about what document suffices is ambigious even among Forumosa topics. For instance, in this topic: Reasons for NWOHR getting TARC the OP was able to get the TARC even though her mother already passed away (although the OP didn’t clarify if she didn’t use option (1) after all through her other direct relatives).

In this thread: Can't get dual citizenship because mom died? the OP could get citizenship directly because she was under 20 years old, but again, her mother has already passed away.

In other topics, e.g. when I tried to clarify the requirements in the past: Difficulties when applying for a TARC as NWOHR all answers state that you need an active household registration.

Please let me know if you find anything useful about applying for a TARC. With our situations so similar to each other, it could be very helpful if we can work together during this process!

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I thought so too, but, someone told me if a parent had an active hhr at your birth, it doesn’t need to be active now. Was it you?

Why not just try and see what happens?

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Thanks, Lain.
I called up TECO but was only able to ask questions regarding getting a passport.

I will need to make time to head over to TECO when I have the chance and maybe hopefully find someone who may know more about getting a TARC there.

Did you use your mom’s 30 year old 戶籍謄本 to get your passport, btw? The representative I was talking to on the phone asked me to bring one that is recent and will be impossible since she is no longer a citizen.

If I get anymore info, I’ll definitely pass it on to you.

It wasn’t me, but perhaps my case will become one of those examples of TARC applications not needing an active HHR. I’ll keep you updated when I begin the process.

Good point! There are probably some things concerning a TARC application that you don’t find out until you try. But on the other hand, I want to try my best to come prepared to Taiwan when submitting the application.

Anyway, I may have new information on the TARC application. A friendly person on another discussion platform told me that for “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” (application option AF384), no active HHR is required. Because this option is targeted directly to those applicants whose father/mother does not have an active HHR anymore. All other applicants can use option AF353 to apply (“有直系血親在臺灣地區設有戶籍者”), i.e. there would be no point of option AF384 if it doesn’t allow other proofs of HHR.

Both options require to provide a “戶口名簿” (note that this is different to the 戶籍謄本), but in the case of AF384, a “除戶藤本” should suffice.

(Just for completeness’ sake, I think that applicants for AF353 also supply a 戶籍謄本 because the 戶口名簿 can actually not be handed over. Might be wrong about this though. In that case you probably hand over a copy of this 戶口名簿.)

The remaining question is how this 戶口名簿 looks for applicants without active HHR and whether this 除戶藤本 can indeed take its place. I’m currently trying to find out more about that and let you know then.

Towards newhere’s other problem with the passport:

Straightforward: No, I did not use my mother’s 30 year old 戶籍謄本. I know this because my mother only recently dug out this 戶籍謄本 off an old archive. However, I did my passport application about 5 years ago, and I wasn’t so diligent in documenting everything unlike the TARC application. But from what I remember:

There should actually be no requirement to prove that your mother currently has HHR. All what matters is (again for emphasis) that she was citizen during the time of your birth, and in my case, the birth certificate proves that (do all birth certificates state the parents’ nationality? I don’t know). If yours doesn’t, then I think by showing that your mother’s 喪失國籍許可書 is dated after your birth should—logically—also prove that she was a citizen at that time.

However, if I remember correctly, there is a line in the application form that asks for an address in Taiwan, but that doesn’t have to be your mother’s. You can use one of your relative’s or friend’s addresses.

I’ll see whether I can find any documents of my passport application. [(Turns out to be delayed to another time) Just note that Forumosa is preparing for a week of maintenance, so we’ll probably hear from each other after a week again!]

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A little bummer: I’ve found this “Immigration consultation” firm on the internet, and asked them what they know about the requirements for “適用於目前於臺灣設有戶籍國民在國外出生之20歲以上子女.” The answered that under this option (AF384), active household registration is still required. But even if that was true, we still have at least some cases in which NWOHRs acquired TARCs even though their household connection to Taiwan were already deceased.

I also asked them what they think is the difference between AF384 and AF353 then, and they emphasized AF384 is for persons older than 20. But that doesn’t explain why persons over 20 should ever apply on AF384—if they have an active HHR, they can apply via AF353 and applicants younger than 20 can apply with AF353 anyway. Very confusing …

But for what it’s worth, I’m still researching the significance of the 戶口名簿 (and 除戶藤本) for the AF384 application.

Perhaps this firm is wrong, given that they are not affiliated with the Immigration agency. My mother and I plan to call the MOI directly as a next step to hopefully clear things up.

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now, what I’m thinking is, if parents are nationals without hhr at the birth time of a child, the child needs to apply by AF353 with someone’s active HHR.

if parents had a hhr at the birth time of a child, the child can apply by AF384 without someone’s active hhr, at least in some cases.

Just my guessing with no base, though.

If it’s that big of a deal why not have your parents reestablish HHR? It’s not hard as long as you have a house owner willing to let you register. She may not have NHI benefits for 6 months but I don’t think that matters.

Taiwanese citizenship doesn’t simply go away. In fact it is impossible to get rid of it particularly if you are of military age.

Many Taiwanese go back every year to maintain their HHR however…

Though I will say it’s an expensive way because your parents would have to go to Taiwan and go to the local HHR office in the district the property is at.

In the case of OP, it is not just to reactivate the HHR.

Nationality Act

Article 15

For a person who loses the nationality of the ROC according to Article 11, if he/she now has a domicile in the territory of the ROC and meets the requisites provided in Subparagraph 3 and Subparagraph 4 of Paragraph 1 of Article 3, he/she may apply for restoring his/her nationality of the ROC.

Article 3
3. have demonstrated good moral character and have no criminal record;
4. possess sufficient property or professional skills to support themselves and lead a stable life; and

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I’m just comparing the wordings used on this webpage.
https://www.tcbctw.com/main075.htm

It gives me a bit of hope that AF384 doesn’t require an active HHR unlike AF353 from the way they worded it. But these doesn’t come from an official source so I’ll keep searching.

Does this link work?

變更居留事由送件須知(編碼0304)
相關證明文件一覽表

or

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Yes, it works, Tando. Thanks for the link.

There’s a pretty interesting blogpost in Chinese that I found. It’s pretty long and I’m still processing this but there’s a comment by someone who says “…if your father or mother still has household registration, you can apply under AF353, otherwise AF384…”.

I’ll probably try to find out more about AF384.

Paul Chow2017年1月5日 上午1:31

恩,你的情況用我文章中介紹的方法應該就可以了。

也就是,先出境,以你的台灣護照入境台灣(但必須在某個駐外館處先申請"臨人字入國許可"不然進不來),進來後辦理無戶籍國民的台灣居留證,如果父親或母親還有設籍在台灣可以申請AF353的、不然就AF384,前者要工作可以申請個人工作證、後者不行要雇主幫忙申請,但反正你就撐一年,連續一年不出境(居留證核發的日期起算),一年過就可以申請身分證了。當然如果無法連續一整年不出境,還有「居留滿二年且每年居住二百七十日以上,或居留滿五年且每年居住一百八十三日以上」的條件可以用。

這整個過程裡比較麻煩的大概是申請居留證的時候你應該要開美國FBI的良民證,良民證記得也要在美國的台灣駐外館處驗證過(有聽說只能在華府的館處驗證)。美國良民證的部分我沒有親身經驗,能提供的資訊有限,其他部分我文章中應該都寫得算詳細,你可以再參考看看。

祝順利。

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Nice discovery newhere! I’ve visited the blog before, but didn’t have the energy so far to read through all blog comments. The one big question I would like to find an answer though is this: If I don’t need an active HHR (by going option AF384), what kind of document to I provide for the 戶口名簿?

(To recap: For AF384 it says [for children of married parents]: 父或母在臺設有戶籍並 辦妥結婚登記之國民身分證或戶 口名簿正、影本(驗正本、收影 本).)

I also found these interesting places:

  1. https://www.xuehua.tw/2019/02/01/我們無戶籍國民怎麼工作/zh-hk/

Here the OP talks a little bit about the difference between AF353 and AF384 (mostly concerning the work permit), but he briefly also mentions that his parents already passed away, and that he needed to go route AF384 for the TARC (being older than 20).

The other document I’ve found is:

  1. https://www.boca.gov.tw/cp-9-182-eb0b7-1.html

This is the procedure that NWOHRs under the age of 20 can go through to get citizenship directly (they can skip TARCs as we know). Notice that one of the documents one needs to provide is “5.依親對象之在台戶籍謄本或獲內政部移民署核發之外國人居留證明書、[…],” and then they clearly state (2nd column) what to do when you parents have an active HHR and what do without an active HHR:

  1. 依親對象為在台有戶籍中華民國國民者,應繳交最近3個月之中華民國台灣地區全戶戶籍謄本。
  2. 依親對象為在台灣地區無戶籍國民、居留或永久居留外僑、港澳或大陸地區人民者,應繳交有效期六個月以上之外國人居留證明書、在臺合法居留證件或永久居留證正本及影本。

Unfortunately, the government websites seem to be void of precise 說明s on what documents TARC applicants with no active HHR shall supply.

But all of this got me a little bit thinking, and I decided to revisit all resources that we have found so far. You can follow along how I interpret each and every requirement, but take all of this with a good amount of skepticism (I’m still waiting for the MOI call):

First of all, I’ll set up some terms:

  • “National” shall mean all persons who have an ROC passport, including the NWOHR passport.
  • “Citizen”/“Citizenship” shall mean having an ID card, a 身分證. This also implies having an ID in your ROC passport, and thus separating you between those with NWOHR passport and those with an “ID passport.”
  • We prove “being a national” by some kind of connection to the ROC or, alternatively (!), to “the ROC as currently represented on the island of Taiwan.”
  • From now on when I speak about you or us “being nationals,” I largely mean that we all have already proven to be nationals (even if newhere is currently lacking an NWOHR passport—it’s just a matter of time).

I don’t want to go into politics here, but if you look a little bit into the history of the ROC passport, you can find out that theoretically, many people are able to prove some kind of connection to the ROC (c.f. https://en.wikipedia.org/wiki/National_without_household_registration).

Let’s assume that the current ROC government [on Taiwan] will not arbitrarily grant citizenship to NWOHRs. This is why I said that you can alternatively prove relationship to the “Taiwan ROC,” and this is ultimately done by proving that you once had an ancestor that lived on the island of Taiwan, ROC. This also implies that your ancestor has had an HHR in Taiwan for some time in the past. It is those people [NWOHRs with ancestors in Taiwan] that are eligible to acquire citizenship—in other words, I just divided NWOHRs into 2 groups: Those that are eligible for citizenship and those who aren’t. And this depends on you having lineal relationship to someone who lives/lived in Taiwan. We should all fall into the has-a-relationship category.

So how does the government grant citizenship to these NWOHRs? The method differs between those under 20 years and those older than 20 years:

For those under 20 years, it should be easy—follow the process largely described in my link above: https://www.boca.gov.tw/cp-9-182-eb0b7-1.html

The document explains what to do with or without active HHR, and we even have proof on Forumosa that people under 20 acquired citizenship with deceased parents. So the “active HHR” part is largely irrelevant for applicants younger than 20.

But we are older than 20, so what should we do? We cannot acquire citizenship directly, but need to go the TARC -> stay 1 year -> citizenship route. Let’s take a look again at the 誰可以辦 for a TARC here: https://www.immigration.gov.tw/5385/7244/7250/7281/居留/36160/

  • (一)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。[…]
  • (三)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 call these option #1 and option #2 from now on, but note that there are labeled (一) and (三) in the document.)

As tando correctly pointed out, option #1 doesn’t say anything about having an HHR at the time of birth. It only matters to know someone [a direct relative] with an active HHR now. Take a look at the wording again:

  • 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。

This 現在 is missing in option #2 where it only states: 居住臺灣地區設有戶籍國民.

Let’s assume for now that option #2 does indeed not acquire current HHR—this is the “happy path,” the situation which would all makes us happy. It would make sense for me because the way I interpret these 2 options is that they are complementary to each other—option #1 is strict on the HHR part, but relaxed about the relationship part (you can use your parents’ or grandparents’). Option #2 on the other hand is strict on the relationship part (you must be born to a citizen), but relaxed on the HHR part.

Combining these 2 would mean that basically everyone who can prove relationship to a citizen can apply for a TARC. Assuming best intentions, the ROC would be interested in NWOHRs that are related to citizens to become full citizens too, wouldn’t it? The government only wants to keep those people out who are nationals, but aren’t related to citizens [on Taiwan] (remember that I divided NWOHRs into 2 groups).

Moving on, let’s take a look at the required documents that you need to provide if you are eligible. Do note that on the application form, you need to fill out the “reason” why you apply for the TARC. For now let’s solely focus on reason AF353 and AF384 (https://www.immigration.gov.tw/media/42540/相關證明文件一覽表.pdf):

For AF353, it says “有直系血親在臺灣地區設有戶籍者.” Interestingly, the 現在 is missing here, but we know that for this 身分, you definitely need to have an active HHR, because it also goes on to painstakingly explain that the supplied proof of HHR must be recent. i.e. “臺灣地區親屬之國民身分證或 戶口名簿正、影本(驗正本、收 影本)或三個月內全戶戶籍謄本 及足資證明親屬關係文件.”

Moving down to AF384 where it states: “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.” Looking at the 2nd column, all it says is (for married parents): “父或母在臺設有戶籍並 辦妥結婚登記之國民身分證或戶 口名簿正、影本(驗正本、收影 本).”

Paying close attention, there’s no mention of the degree of recency of the “身分證 or 戶口名簿.” More specifically, AF353 talks about “身分證 OR 戶口名簿 OR a 3-months-young 戶籍謄本,” while AF384 only mentions “身分證 OR 戶口名簿.” One could deduce from this that the age of 戶口名簿 is irrelevant, but how can you get this 戶口名簿 anyway if you parents don’t have an active HHR? The way I see it is that you need to prove your parents’ HHR of some time in the past, and the grand question is whether a 除戶藤本 does that. The other guy told me that while a 戶籍謄本 expires, a 戶口名簿 proves once and for all that you have or had an HHR, but the problem is that citizens who left Taiwan (e.g. our mother) cannot go to some office and get their 戶口名簿; they can only get a 除戶藤本 [this needs to be validated].

Alright, so all of this text to prove that the “happy path” might be possible. Let’s assume now that I am wrong; let’s assume that for option #2 you also need an active HHR. This poses the following questions, however:

  • Why is not having an active HHR allowed for applicants under the age of 20? It’s clearly laid out there. I could imagine some governments punishing “late applicants,” but let’s assume the government has good intentions.
  • Why have option #2 at all? If you have an active HHR, you always fulfill option #1’s requirements, and can apply via reason AF353. The only difference is the “older than 20” part, but if you are younger than 20, you can skip the TARC application altogether.
  • Why is the “相關證明文件舉例” between AF353 and AF384 so different? Why doesn’t AF384 mention the 3-months-young 戶籍謄本?

… To be continued if I can think of anything else.

There’s one last thing that kinda undermines my reasoning: As described in newhere’s linked blog and the blog I linked, you are eligible for an “easy” work permit if you apply via reason AF353. If you use reason AF384, it’s harder. But why should it be harder if you need an active HHR for AF384 as well? This would only make sense if you state that “work permit implies HHR,” and then differentiate between active HHR applicants and inactive HHR applicants:

  • AF353 applicants can prove current HHR, so the government can also easily give them a work permit.
  • AF384 do not have current HHR [do not live at a place with someone else’s active HHR], so cannot get a work permit by themselves.

If going option #2 -> reason AF384 really requires active HHR, it’s illogical that AF384 applicants have a harder time getting a work permit.

Well, that it’s for now, hope I didn’t bore you to death. While by this reasoning I begin to believe that AF384 applicants do not need an active HHR, the big question is whether this reasoning is also backed up by the law. And by the confusion that all of this causes, it would be best to find some written proof or clearly laid out procedure (like for the citizenship applicants younger than 20) to show to governmert workers in case they do not know how to handle this.

EDIT

Some additional food for thought: Going back to 身分 AF353, I did mention that it lacks the 現在 part. If we split the application process into requirements for “誰可以辦” and the 身分 requirements, I wonder how this case would turn out:

  • Applicant X is born to nationals but doesn’t have a current HHR. So he fulfills 誰可以辦 requirement #2.
  • For the 身分 part, he could (?) still go reason AF353 because it only says “has direct lineal relationship to a national with HHR” (but this sentence lacks the 現在) and for the documents, “身分證 OR 戶口名簿 OR 3-month-young 戶籍謄本” is required. So he simply hands over a 戶口名簿 (like we would do for AF384), and then additionally hands over “足資證明親屬關係文件” (also specific to AF353 only).
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I asked a family friend with whom my mom had her HHR registered under if they can check if they still have my mom’s name on their HHR book (戶口名簿). It’s a long shot (they have moved since), but I thought it would be interesting to find out if the name will still show up something like below, with the words (喪失國籍) or something similar.

If your mom’s HHR entry was under someone else’s HHR’s book, perhaps the HHR’s head(戶長) can try getting a copy of it, hopefully with your mom’s name inside.


Good idea, newhere. I’m still wondering over the significance of the 戶口名簿 because other people told me that this 名簿 is only bound to an address; so that would mean even if we find decades-old exemplars of it, the person on the document could have already moved somewhere else.

However, this would once again suggest that (for AF384) one only needs to prove HHR at some time in the past. What makes me wonder though is why a 戶籍謄本 isn’t mentioned—or perhaps it’s the MOI simply assuming that applicants’ parents didn’t keep a 謄本 anymore and it’s just our luck that we have one?

Nevertheless, I was able to find something fortunate in the meantime: I think I can now fully claim that “居住臺灣地區設有戶籍國民” indeed means “a national who currently has OR has had an HHR.” The answer was before our eyes all along—it’s explained in one 條 of the immigration law (emphasis mine):

  • 四、居住臺灣地區設有戶籍國民:指在臺灣地區設有戶籍,現在或原在臺
    灣地區居住之國民
    ,且未依臺灣地區與大陸地區人民關係條例喪失臺
    灣地區人民身分。

https://law.moj.gov.tw/LawClass/LawAll.aspx?pcode=D0080132

Will keep you updated.

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