Hello,
I am a foreigner, I got TARC through working in Taiwan. Recently, I am renouncing my original citizenship. Must I have a working permit to work in Taiwan? IF you get APRC, you can apply for a working permit by yourself. But it seems there are no similar criterias for TARC. Thanks
Wait wait. Did you get a TARC or an ARC?
if Taiwanese is your only nationality, you don’t need a work permit.
Though, you may need some other eligibility to keep your TARC, if you lose your work permit.
Unless you are doing naturalization.
I got a TARC(台灣地區居留證) with a Residence No. (10932xxxxxx) not an ARC. My original passport is expired and I cannot renew because I am renouncing now and waiting for a stateless. IF I apply for a working permit do I still need an original passport?
Hi Tando, Thank you very much for quick reply and useful information.
My situation are:
I am doing naturalization
I would like to change my job. And company doesnt know I need a working permit or not. (the old one based on recent company is still valid)
My passport is expired and cannot renew. (My renunciation is processing) so I havenot received the certification for a stateless.
Let me confirm.
You were on work based ARC.
Then applied for a naturalization, and convert your ARC to TARC.
Then you are waiting for the certificate of renunciation of your original nationality and your passport is already expired.
Right?
So, your residency is not a problem.
I’m sure you don’t need a work permit once you get a the certificate, but until then, I’m not sure.
You could ask to Workforce Development Agency of Ministry of Labor how you should do.
Thank you Tando,
Yes, right.
As schedule, I may get the certificate of renunciation in April. But the new company need to know now and then help to apply working permit.
Actually, I should know that situation and renew my passport before doing renunciation. I hope other people should care about that.
By the way, I will ask Workforce Development Agency of MOL
Thank again for your help.
Hello @Billy how are you! Do you have any updates on your case?
especially about do TARC holder need a working permit?
Billy is in a special situation because his passport is expired. If you are on TARC and had a marriage-based A(P)RC, you do not need a work permit, it will say so on the card itself. If you were on a work-based A(P)RC you still need a work permit which will still be valid since it is based on your passport.
If you renounce your original citizenship, you do not need a work permit since you don’t have a foreign passport anymore and nothing else but ROC Nationality.
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Tell me what you make of this?
It appears to be translation of their response. But they didn’t send the original Chinese version:
We’ve received your email on January 12nd & 30th, 2023. Regarding your question, here is our explanation：
一、Accordingly to Subparagraph 4 of Article 1 and 2 of the Employment Service Act (hereinafter referred as the Act), Where the employed foreign worker is amongst any of the following : 4. One permitted to stay permanently in the territory of the Republic of China, and The foreign workers as referred to in subparagraphs 1, 3 and 4 of paragraph 1 of this article may, without their employers’ initiation, apply on their own initiatives to the Central Competent Authority for permits to engage in work in the Republic of China, can apply to the Ministry of Labor for work permit by themselves. Article 79 of the Act stipulated that, The provisions of the Act regarding foreign workers shall be applicable to the employment of stateless persons as well as nationals of the Republic of China also possessing the nationality of foreign country(s) but with no permanent residence in the Republic of China.
二、Concerning your question about if work permit should be changed while identify changing from APRC to TARC, the work permit issued by the Ministry of Labor will be invalid if your original resident status is revoked, changed or suspended. Or if your identify is single nationality of the Republic of China or you have household registration in the Republic of China, you can work without applying for work permit. However, if your identity is not one of the above, you can work in Taiwan with work permit applied by the employer.
三、Or if you are looking for a job or working in Taiwan who are acquiring the nationality of the Republic of China, and also obtaining a foreign nationality without household registration in the Republic of China, and obtaining a foreign passport or the Republic of China passport, you do not need to apply for work permit according to Article 25, Act for the Recruitment and Employment of Foreign Professionals.
If you have any questions, please contact us（02）2380-1718 for assistance. May everything goes well with you.
Workforce Development Agency, Ministry of Labor
勞動部勞動力發展署 敬復
My understandings are
APRC holders etc can apply for open work permit by themselves, not though employer.
This article is 第 51 條
paragraph 1
雇主聘僱下列外國人從事工作，得不受第四十六條第一項、第三項、第四十七條、第五十二條、第五十三條第三項、第四項、第五十七條第五款、第七十二條第四款及第七十四條規定之限制，並免依第五十五條規定繳納就業安定費：
一、獲准居留之難民。
二、獲准在中華民國境內連續受聘僱從事工作，連續居留滿五年，品行端正，且有住所者。
三、經獲准與其在中華民國境內設有戶籍之直系血親共同生活者。
四、經取得永久居留者。
paragraph 2
前項第一款、第三款及第四款之外國人得不經雇主申請，逕向中央主管機關申請許可。
As it says.
第 79 條
無國籍人、中華民國國民兼具外國國籍而未在國內設籍者，其受聘僱從事工作，依本法有關外國人之規定辦理。
As it says.
Article 79 says the provisions of the Act regarding foreign workers shall be applicable to NWOHRs with foreign nationality. So if you are a NWOHR without foreign nationality, or a dual citizen with HHR, the provisions regarding foreigners are not applied, and you don’t need work permit.
If you are a NWOHR with foreign nationality, you need a work permit obtained through employer.
If you are a naturalized national with a foreign nationality and without a household registration, you don’t need apply for work permit.
第 25 條
我國國民兼具外國國籍而未在我國設有戶籍，並持外國護照至我國從事專業工作或尋職者，依本法有關外國專業人才之規定辦理。但其係因歸化取得我國國籍者，得免申請工作許可。
經歸化取得我國國籍且兼具外國國籍而未在我國設有戶籍，並持我國護照入國從事專業工作或尋職者，得免申請工作許可。
I think we talked on 專業工作 and how you naturalize in this article somewhere.
You can call them for more clarification.
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