Drunk Driver Foreign Student

Well, then it looks like they’re being easy on him and his case is probably not so aggravated that it warrants immediate detention and deportation. He’s just being told his visa has been canceled and he is to leave in 2 weeks. So they are within their rights to cancel a visa if a condition is met but to be immediately detained it steps it up a notch, and future admission may be difficult if not impossible.

And you don’t even have to commit crimes to be asked to leave in 2 weeks… violating terms of the ARC does that too.

Perhaps we can ask for anyone who’s well versed in Taiwanese immigration laws to chime in (I am not, I only know in the US it’s 2 different thing. “Deportation” is not even in their legal language anymore, it’s called “removal”. “Voluntary Departure” is actually a legal procedure there where you’re given a time to leave the country and it doesn’t count as “removal”)

Yeah most people die when they hit a tree

True – they don’t have HSR. They do, however, have asphalt roads aplenty. Still dirt roads aplenty in some parts too, but every time you see bad driving in a neighborhood that’s been looking 1st/2nd world for decades, you can’t just blame 3rd world conditions in some other part of the country. Anyway, that’s for another thread.

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IDK…
I’d say the OP is being deported. Just a different type of deportation than what you are picturing. His ability to legally remain in Taiwan has been revoked by the government.

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Depriving one of the conditions necessary to stay in the country is not a forcible deportation and is not defined as such under the law. No one is making sure he leaves. But they’re certainly not letting him renew his student visa status. So it’s really no different than if you’re on a tourist visa and your 90 (or 60) days are up.

I’m not sure if OP’s ARC would be revoked, though his re-entry will be banned for several years. If he is expeled from the school , his ARC is cancelled, or if he frees before his case is completed, he is ordered to leave or deported. Otherwise, articles 32 and 36 of immigration act seem not cancel his ARC.

Taiwan’s regulation on deportation is here.
https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080194


is this 100%? Many schools give a warning if caught on drunk driving it is possible that ARC extension/renewal would not approved. There seems some possibility exists to renew OP’s ARC, if he doesn’t leave here.

I was once quasi-deported. You get a stamp in your passport saying “holder of the passport has been notified to leave the country within 14 days”. It really is quasi-deportation. No one checks on you, they just trust you to sell your trusty Sanyang 125 and your used coffee mugs and mosey on along.

Never!

Alright, you can take the Kylie mug with you if you must…

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That’s a deportation correct, when you have enough money to buy your own ticket out. They do not always escort you, and pay for the ticket. If you can leave by your own accord on the day given that is yes a deportation. Having no physical black mark on the passport does not mean they haven’t blocked you. The imigration department tends not to deport people as they find it easier just to refuse you reentry. People have been refused entry here over unresolved court cases ! Not even found guilty yet
This is normally done when overstayers voluntarily turn themselves in.

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They use different terms in taiwanese regulations.

驅逐出國:deportation
限令出國:order to exit

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FIFY :sunglasses:

Dammit, you never mention the rust. Or the fact it steers a bit to the left cos of that one night someone gave you some mushrooms in Roxy Rocker but you still drove home at 6 in the morning and then that dog ran out and you swerved and hit a lamp post and fell off and hit your head and then on Monday in Chinese class you forgot all that vocab for the test probably because you had, like, a concussion or something.

Is this what they call a “hit and run-on” sentence?

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Jack Kerouac taught me everything I know.

This is mostly semantics, but I think it’s considered “voluntary” because you are not prohibited from applying for a new work visa. Most likely your new application would be rejected, but theoretically, you could secure a new job and apply for a work permit, or get accepted to school and apply for a student visa, etc. It would be similar to a company terminating your contract. At that point, your ARC would be cancelled and you would have 14 days to leave the country unless you applied for a new residence visa by some means.

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Not necessarily relevant to the discussion but for reference this is a primer on voluntary departure for foreigners in the US. You have to ask for it, default is you turn yourself in (if you are not detained) and they remove you by force. It counts against you. Voluntary departure does not.

https://www.nolo.com/legal-encyclopedia/why-request-voluntary-departure-instead-removal.html

If Taiwanese rule is similar, then if you were asked to leave by yourself you are not necessarily barred from applying for another visa or even coming back on your passport. Whether you will be accepted is another thing however. Forceful removal/deportation actually bars you for either a set time or permanently.

exit order is much closer to deportation than termination of employment.

Article 24 of Immigration Act says

National Immigration Agency shall not permit an alien’s application for residence or the alien’s application for modification of reasons for residence which was submitted pursuant to the preceding Paragraph if the alien meets one of the following circumstances:
3.Has had a criminal record, or has been denied entry, ordered to leave within a certain time, or deported from the State.

Article 2 of operational-directions-for-the-entry-ban-on-foreign-nationals

Any alien who meets one of the following conditions shall be banned from entry for a period of time prescribed as follows
H. Being deported from Taiwan or ordered to leave Taiwan within a certain time limit as a result of engaging in activity inconsistent with the purpose of the application for the visit or residence, shall be subject to an entry ban for 3 to 5 years

Another question though…

was the OP sentenced to a mandatory term of imprisonment? It’s pretty unlikely with DUI unless it’s repeat offense or he killed someone/caused property damage.

A law says if you are sentenced to a fine, community service, suspended sentence that has not been canceled, it does not lead to a criminal record.

It’s in " 警察刑事紀錄證明核發條例第6條:" Police criminal record section 6…

「警察刑事紀錄證明應以書面為之;明確記載有無刑事案件紀錄。但下列各款刑事案件紀錄,不予記載:
Police record must contain written information on criminal convictions. However, the following will not be recorded:

一、合於少年事件處理法第八十三條之一第一項規定者。

  1. Those who meet requirements as outlined in juvenile conduct code article 83 section 1.
    二、受緩刑之宣告,未經撤銷者。
  2. Sentenced to a suspended sentence and the suspended sentence has not been canceled.
    三、受拘役、罰金之宣告者。
  3. Sentenced to short imprisonment or fine
    四、受免刑之判決者。
  4. Was imposed no sentence
    五、經免除其刑之執行者。
  5. The sentence was overturned
    六、法律已廢除其刑罰者。
  6. Penalties removed by law
    七、經易科罰金或依刑法第四十一條第二項之規定易服社會勞動執行完畢,五年內未再受有期徒刑以上刑之宣告者。」
  7. Given a sentence subsititution with a fine, or completed community service in accordance to article 41 of the criminal code, section 2, and has not been sentenced to any term of imprisonment within 5 years.

So if those apply to you, you do not have a criminal record (though it may appear), meaning you still can have a good citizens certificate and does not affect your eligibility to do stuff like apply to work for the government…

This is your country’s law on DUI.

駕駛動力交通工具而有下列情形之一者,處二年以下有期徒刑,得併科二十萬元以下罰金:
一、吐氣所含酒精濃度達每公升零點二五毫克或血液中酒精濃度達百分之零點零五以上。

If I understand it correctly, it is not imprisonment or fine, but imprisonment and possible additional fine. The typical sentence seems to be two to three month imprisonment, which can be subsitituted with a fine, but you need 5 years for the record disappear.

Even if the penalty is a fine, entry ban may be applied.

operational-directions-for-the-entry-ban-on-foreign-nationals

III. Any alien having a criminal record in Taiwan shall be banned from entry for a period of time as prescribed below:
F. Having been sentenced by a court to detention in prison or a criminal fine shall be banned from entry for 3 years.
G. Having been sentenced by a court to detention in prison or to a criminal fine in combination with a suspended sentence, or having received a court judgment to impose no punishment, shall be banned from entry for 2 years.