I probably already know the answer to this but I figure I’ll ask in case there’s some exception.
If SWIM enters the country on a 90 day visa exemption (let’s say repeatedly) and on one of those entries does a “gig” which is literally a one time event - for sake of example let’s say plays an instrument in a club or does a comedy routine - and the company that owns the venue pays them and requests a receipt that requires either passport or ARC (The latter of which SWIM doesn’t have) because this isn’t under the table and the company will be reporting the expenditure, is SWIM breaking the terms of their stay by accepting the money? Or is there any kind of exemption this could fall under?
If not allowed, is SWIM still able to perform such activities if they do not accept renumeration?
Very interesting, but the substance may have been lost in the English translation, which says:
The entry visa shall be applied by the Taiwanese branch or foreign legal person contracted (authorized agent) if the period of stay of foreigner(s) is 31 days or more but not over 90 days, but the foreign employee’s qualification is without limit.
What is “be applied” supposed to mean here?
Presumably since it’s distinguished from the previous statement that seems to say anything less than 30 days is a dejure work permit, that for stays 31-90 days somebody has to apply for a special visa?
Does the Chinese version speculate whether that’s for expected continual employment rather than a one off “perform here for an evening”?
yes, poor translation. What should be applied by an employer is a work permit when a contracted foreigner stays for more than 31 days. A visa or entry permit should be obtained by the foreigner.
“8.3.4(b) Thou canst entertainest mine peoples for one singleth eve and takest whatst istst grantedst to thou from thine patrons’ coffers”
Edit: an analogous situation would be say a DJ who comes in to play a single night, gets paid, and decides to stay the rest of his 90 day visa. Much less money in this case but more or less the same. “One night of fun” and 89 days of normal kosher activities.
See my edit in the post above yours. Closest I could find in the website you linked to above would be sliding it into “performing arts”. Say a poetry reading, comedy routine, etc. (Not wanting to write too much about SWIM but I understand the difficulty of asking specifics while being opaque)
Not worth it for them or SWIM. SWIM isn’t working here and not worth the hassle for just a night’s performance.
SWIM just wants to bedazzle the Taiwaneses, and a venue owner heard of SWIM and offered them some loot to do so, but SWIM and the SWIMployer want to keep it kosher with big brother.
Anytime SWIM talks with officials SWIM has a deep seated fear of perjuring SWIMself off some deep intricacy of whatever code, but it looks like that may be the only option apart from not doing it?
You can really get in trouble for doing stuff for free?
The EZ Work Taiwan site tries to piece together the relevant parts of certain laws and regulations to help people understand how the system actually works, which is great because it’s a confusing system, but in this particular case it seems to be creating even more confusion. What matters is the actual laws & regs.
Where the performance of contract(s) of construction, sale, technical cooperation and so forth necessitates a foreign legal person to appoint a foreign worker to engage in work as referred to in Subparagraph 1 or 2 of Paragraph 1 of Article 46 [i.e. “specialized or technical work” or high level management of a foreign owned business] in the Republic of China, and where such foreign legal person has not established any branch office or representative agency in the said territory, the business entity with whom such foreign legal person contracted or the agent duly authorized by such foreign legal person shall apply therefore in accordance with the regulations promulgated pursuant to Paragraphs 2 and 3 of Article 48.
Note that in accordance with ESA Art. 46 Par. 1, various kinds of work are not considered specialized or technical work because they have their own categories (subparagraphs) in the same paragraph, such as 宗教、藝術及演藝工作 religious, artistic, and show business work.
Mr. Swim could be a non-artistic technical specialist or high level manager of a foreign owned business for all we know, but when the police show up at the performing arts venue and see him doing what looks and sounds like performing arts work, I don’t think they’ll be won over by abstruse legal arguments, and somehow I don’t think any 訴願委員會 or court would be either, though stranger things have happened.
There are threads discussing how performing artists can obtain work permits.
ETA: Also, there’s at least one thread that discusses the legal requirements for volunteer work, including amateur performances. Iirc, you can perform at a genuinely amateur open mic event as long as you don’t have a blue collar work permit.