Doing a "gig" or some "independent contractor" thing under visa exemption

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?

Yes.

No. People have been deported for doing unpaid work before.

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If the job fits the following description

A foreign legal person appoints a foreigner to engage in “specialized or technical work,” or be employed as a director/manager/executive of a business invested in or set up by overseas Chinese or foreigner(s) in order to perform contracts of construction, sale, technical cooperation and so forth necessities.

FYI

https://ezworktaiwan.wda.gov.tw/cp.aspx?n=79363C2C4E607E24&s=7CFAE4DF8A121AB5

https://ezworktaiwan.wda.gov.tw/en/cp.aspx?n=602D9CE3DD72F51C&s=243D7E993A404388

English site says “The entry visa held by a foreigner”, but Chinese says 入國簽證或入國許可.

Wait, so if you have a visa that’s 30 days or less, it’s automatically a work permit?

I think so, if the job is specialised or technical work.

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”?

Your post seems to say both that SWIM isn’t breaking the terms by being paid but that people have been deported for not accepting money?

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.

Seems targeted to more ongoing types of work.

Is there any one-off/gypsy provision?

“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.

if you can describe the work as a specialized or technical one, it may be legal.

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)

Whoops. Fixed.

With a lot of creativity, someone might be able to describe it specialized or technical.

Can’t the company apply for a work permit?

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.

I found this thing about my kind of visa exemption: https://www.roc-taiwan.org/uploads/sites/70/2016/07/160921-Visa-Exempt-Entry-2016.pdf (which basically just copies this govt page: https://www.boca.gov.tw/cp-149-4486-7785a-2.html )

Which states one of the valid reasons for the 90-day exemption as “conducting business”.

I wonder if that would qualify?

Or attending social events, or international exchange?

Visa for conducting business and performing art are separated, so might be different.

Why not ask to WDA or NIA? Answering this k8nd of questions is their job.

Working is a type of business…

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?

P.S. this SWIM business is exhausting

I know, eh? :roll_eyes: Just call him Joe or something.

Oh and btw…

One more line like that, and I will add a rule #3 to the Legal forum: no butchering of archaic English! :no_no:

It’s not automatic, as there are other criteria.

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.

ESA/就業服務法 Art. 51 Par. 3:

外國法人為履行承攬、買賣、技術合作等契約之需要,須指派外國人在中華民國境內從事第四十六條第一項第一款或第二款契約範圍內之工作,於中華民國境內未設立分公司或代表人辦事處者,應由訂約之事業機構或授權之代理人,依第四十八條第二項及第三項所發布之命令規定申請許可。

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.


RPAEF/雇主聘僱外國人許可及管理辦法:


QCSFUJSUA46.1.1T46.1.6ESA/ 外國人從事就業服務法第四十六條第一項第一款至第六款工作資格及審查標準 Art. 7:


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.

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