Do I have to leave Taiwan if I divorce?

What happens if one divorces while living in Taiwan? Would the foreign partner have to leave Taiwan and return home? Or is one given any rights after so many years of living and being married in Taiwan?

i think in England foreigners can stay in the country permanently after two years of marriage even if it ends in divorce. i think it would be unfair if one had to leave after having built a life there. Does anyone know the rights we would have there?

That’s an interesting question. I am interested in finding out too.

You may have to leave but the decision is up to the immigration department from what I have read. They can agree to let you stay till the end of your ARC. But they don’t have to.

In general, if you are on an ARC or ARC based on marriage then yes you don’t have many or any rights after a divorce. if you’ve been here a while you should apply for a APRC. If you divorce you still have the right to stay.

I think the only chance you got to stay is if you’ve been here for five years and have paid taxed during that time so you can get an APRC. Taiwan doesn’t seem to offer any other ways that would allow a foreigner to stay here if they divorce from what I’ve seen.

And, if you’ve been married for 3 years you can apply for naturalization.

Thanks

This was mostly discussed before viewtopic.php?f=66&t=65293
albeit in a slightly different form…

And, if you’ve been married for 3 years you can apply for naturalization.[/quote]

Or if you have children I believe you are allowed to reside here. Need to check with the NIA though.

So, also a little further question

If for instance you had a mortgaged property and JFRV visa, what would happen if the taiwanese citizen was no longer with us?

  1. would the bank call in the loan despite constant repayments? I cant see how they could keep a mortgage against someone who was not alive, so if you couldnt pay it off in one chunk, would you lose the house?

  2. would you also lose your visa status? is this effected by gender (ie, female join the family so foreigner female would be retained, but males dispatched?)

ie, would you be dealt a triple wammy in event of an unfortunate accicent (like scooter crash/…) lose spose, visa, job, house…

[quote=“itakitez”]So, also a little further question

If for instance you had a mortgaged property and JFRV visa, what would happen if the taiwanese citizen was no longer with us?

  1. would the bank call in the loan despite constant repayments? I cant see how they could keep a mortgage against someone who was not alive, so if you couldnt pay it off in one chunk, would you lose the house?

  2. would you also lose your visa status? is this effected by gender (ie, female join the family so foreigner female would be retained, but males dispatched?)

ie, would you be dealt a triple wammy in event of an unfortunate accicent (like scooter crash/…) lose spose, visa, job, house…[/quote]
If your spouse died you would have options. Worst case scenario on a house would be that you could continue but may need someone (a brother or other relative of your spouse, Taiwanese friend) to co-sign. I would think the bank would be flexible, especially if you could show you had been the party paying the mortgage all along.

And, as SatelliteTV said, in the event of a death or divorce, if you had kids you could still petition to stay on a JFRV.
And there are other option available, like an APRC or a work related ARC.
But with the help of family and the HHR Office, in the case of a death, I’m pretty confident you could work things out. I have found trips down to the HHR Office to be very useful, as they are usually much more keen on helping and finding a solution than NIA tends to be.

[quote=“itakitez”]So, also a little further question

If for instance you had a mortgaged property and JFRV visa, what would happen if the taiwanese citizen was no longer with us?

  1. would the bank call in the loan despite constant repayments? I cant see how they could keep a mortgage against someone who was not alive, so if you couldnt pay it off in one chunk, would you lose the house?

  2. would you also lose your visa status? is this effected by gender (ie, female join the family so foreigner female would be retained, but males dispatched?)

ie, would you be dealt a triple wammy in event of an unfortunate accicent (like scooter crash/…) lose spose, visa, job, house…[/quote]

  1. Dunno about this one, but it is a very good question. As I pointed out in anotehr thread, the concept of buying insurance to cover your mortgage as you make the paperwork is rather new here, it is a “new product” as the bank employee told me. It is a standard back home -you die, they still get your money, your dependents won’t lose their roof, win win. It seems to be the best option in this case, so far. Ask your bank or insurer if they have it.

  2. It used to be like that. Now they give you three months for you to arrange the paperwork and stay if so desired -if you have sufficient ties here- or put the effects in order. If children present and children are Taiwanese then those are ties, for example.

[quote=“itakitez”]what would happen if the taiwanese citizen was no longer with us?

  1. would you also lose your visa status? is this effected by gender (ie, female join the family so foreigner female would be retained, but males dispatched?)

[/quote]

When I got my JFRV, the guy at the NIA said that death of the Taiwanese half did not necessarily mean cancellation of the JFRV.

Already fed up with the wife are we? :smiley:

Already fed up with the wife are we? :smiley:[/quote]

I knew someone would come up with that one

Actually, was just reading through all the visa stuff and since my wife does have a car accident and/or a semi-serious illness about once a month the foregoing questions occured to me. (thankfully nothing serious, but she does insist on running orange lights despite my best efforts and her experience trying to educate her otherwise, in the last 6 months alone causing/contributing to three crashes) On a scooter, when we first met it was as high as once every 2 weeks, so at least there is a learning curve…

Anyway, thanks for the info, although I hope I nor any others need first hand experience

Insurance shoo-in if I ever saw one… :laughing:

Don’t Taiwanese parents ever teach their children to LOOK BOTH WAYS before crossing the street (entering traffic as an adult)??? aaaaghhh! :noway:

More like someone who is thoroughly uninsurable.

I don’t think so, judging from the prevalence of jaywalking here.

I have had 2 persons jumping out in front of my car this morning, note that the drive was not to Kenting, rather down to the local laguardia. They walk out in front of me without looking. Oh well, keeps you on your toes.

I got around the “leave Taiwan” bit by getting a PARC, if in a pinch, I guess you could set up a rep office.

No matter what, I would strongly advice people here on a work/jfrv to get a PARC when they can. By doing so you are here on your own merit, not on somebody elses, and that’s always a comforting thought in case something happens.