Does an ARC through Marriage Require a work permit?

Riddle Me this
My wife told me to never answer the phone if I don’t know who is calling. It could be the police. Apparently this is how they are catching people who are allowed to be here… :loco: I don’t know what she was on about.

Anyways her concern is I don;t have a work permit.
So here is the question

Does an ARC through Marriage Require a work permit?
My understanding is a big NO
I can sell bing liang on the street corner if I want to. Right?

Ski

In general that is my understanding also, that having an ARC based on a JFRV then an open work permit is granted at the same time, which in theory gives us the same rights as locals. Only areas where additional licencing is required is where locals are also required to have, such as Doctors, lawyers etc.

Let me set the record straight here: A JFRV ARC isn’t an Open Work permit, but it confers the same rights and privileges, making an Open Work Permit redundant. You’re in the clear, and you can tell the wife I said so.

The only grey area I see is in the area of teaching kindergarten, where foreigners are not allowed to teach. I believe that the situation of foreigners with a JFRV ARC has never properly been addressed, however, and it is my interpretation of the law that while it is impossible to get a visa to teach English in kindergartens, it should not be impossible to teach in one if one already has a visa conferring open work rights. It should be noted that the Ministry of Ed, whicle not addressing the legality of the scenario I lay out holds that it is always illegal for foreigners to teach English.

Even still, a foreign teacher with a JFRV ARC would not be deported for working illegally if he was caught teaching in a kindergarten, although the school might get fined.

Clear as mud now? :wink:

I have two questions:

  1. Is the act that supposedly gives foreign spouses equal work rights to citizens the Employment Service Act, or is there other legislation that covers this?

2)Maoman said:

Anyone ever found somewhere in a law that says this? I haven’t.

Brian

Is it the same situation if you are here on a JFRV through your spouse who is a foreign student studying here (on an ARC)?

If not, does anyone know what the restrictions are?

thanks

Why would they want to catch people who are allowed to be here? What would they be catching them for?
You might want to ask your wife that.

[quote]Is it the same situation if you are here on a JFRV through your spouse who is a foreign student studying here (on an ARC)?

If not, does anyone know what the restrictions are? [/quote]

You can’t work.

Brian

[quote=“Bu Lai En”]1) Is the act that supposedly gives foreign spouses equal work rights to citizens the Employment Service Act, or is there other legislation that covers this?
[/quote]
[forumosa.com/taiwan/viewtopic.ph … highlight=](No work permits required for foreign spouses?
Richard Hartzel wrote

[quote]As of May 13, 2003, a foreign spouse (married to a Taiwan national) with residency rights based on marriage does not need to apply for a work permit. Period.

That is in Article 48 of the revised Employment Services Act.[/quote]

[quote=“sandman”]Why would they want to catch people who are allowed to be here? What would they be catching them for?
You might want to ask your wife that.[/quote]

Need you really ask? This Taiwan…anything is possible!

That beign said the question is not why do they want to …
But confirming Can I work…
THe answer yes.

Thanks All

Ski

And no you can’t work with a JFRV if your spouse is a foreigner working here. You’ll need to marry a local.

So my next question is this (and it’s an important one).

I had always accepted the word of Hartzell that the amendment to the Employment Services act gave those married to ROC citizens exactly the same work rights as citizens. Thus they could do any work a loacl could do, as long as they had the relevant qualifications that a local would need.

But reading the Employment Services Act (in English - maybe someone who can read the Chiense could clarify) this doesn’t seem to be the case at all. In fact it suggests to me nothing more than foreing spouses don’t need a work permit, but they are still limited to the same few areas of work as anyone else.

evta.gov.tw/english/lawevta. … wevta1.htm

[quote]Article 48

Prior to employing Foreign Worker to engage in work, Employer shall apply to the Central Competent Authority for Employment Permit with relevant documents submitted. However, such a requirement of Employment Permit is exempted where the[color=red] Foreign Worker [/color]in question is to be employed as counsel or researcher by the respective governmental organs or their subordinate academic research institutes, or the Foreign Worker in question has been married to a Republic of China national with a registered permanent residence in the territory of the Republic of China and has been permitted to stay therein.[/quote]

[quote]Article 46
Unless otherwise provided for in the present Act, the work a [color=red]Foreign Worker[/color] may be employed to engage in within the territory of the Republic of China is limited to the following:[/quote]

My reading of this is that a foreign spouse is still a ‘foreign worker’ and thus limited to a few areas of work. In the case of teachers, this means registered buxibans etc, but does not include kindergartens. Nor could you pump gas, sell binlang etc.

Now for my question:

Am I wrong?

Brian