How can two gay foreigners get married in Taiwan, how long does the process take, what is the cost and what documents do we need?

Hello

My name is Julio and I am a US citizen, my boyfriend is a Philippine citizen, we both want to get married in Taipei, Taiwan next December 2019.

I will like to know what we need to do for getting married, what documents we need from our countries, how long take the process in Taipei once we have all the documents before we can travel there, will be enough for one week stay in Taipei or we need more time staying there, how much it is the cost for all the process in there?

Thank you so much

I assume there’s a reason why you can’t get married in the US?

I remember the law being one of you must be a Taiwanese citizen. I’m sure someone with precise knowledge will chime in.

I want to get officially married in Taiwan and later claim my partner to live with me in the USA, I want to make it more easily to my partner when he moved to the USA, so he can come already with his residence visa, he can start to work as soon he wishes, get his drivers license, open any bank account and travel back to the Philippines in case of an emergency situation on his family.

No Sir, two foreigners can get married in there like in any other country. I just want to go there because now in Taiwan is legally for same sex marriage.

I’m pretty you can’t if you’re both none ROC citizens. Maybe @hansioux or @yyy can confirm?

In addition to what @Andrew0409 said, each person should come from a country allowing same sex marriage. Iirc Philippines is not, so you cannot.

This government page is in chinese, but says who can do the same sex marriage.
司法院釋字第748號解釋施行法施行後戶籍登記因應作為

Relevant paragraphs

4 國人與阿根廷、澳洲、奧地利、比利時、巴西、加拿大、哥倫比亞、丹麥、芬蘭、法國、德國、冰島、愛爾蘭、盧森堡、馬爾他、墨西哥(部分地區)、荷蘭、紐西蘭、挪威、葡萄牙、南非、西班牙、瑞典、英國(部分地區)、美國、烏拉圭等26個同性婚姻合法國家或地區之外籍人士,得辦理同性結婚登記。

This part says people from which countries can do same sex marriage. Philippines is not included.

5 有關2位國人或國人與承認同性結婚國家人士於108年5月24日前在同性結婚合法國家同性結婚,可持憑渠等經驗證之結婚文件辦理同性結婚登記,其生效日期依司法院釋字第748號解釋施行法第24條及涉外法第46條、第62條規定,以其至戶政事務所辦理同性結婚登記之日為準。

This part says two taiwanese, or a Taiwanese and a foreigner from one of the above mentioned countries can do the marriage.

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Wrong! Your boyfriend is from the Philippines which doesn’t allow gay marriage, so therefore he can’t be married in Taiwan, unless he marries a female.

國人與阿根廷、澳洲、奧地利、比利時、巴西、加拿大、哥倫比亞、丹麥、芬蘭、法國、德國、冰島、愛爾蘭、盧森堡、馬爾他、墨西哥(部分地區)、荷蘭、紐西蘭、挪威、葡萄牙、南非、西班牙、瑞典、英國(部分地區)、美國、烏拉圭等26個同性婚姻合法國家或地區之外籍人士,得辦理同性結婚登記。

Unofficial translation: [ROC] Nationals and foreign nationals of 26[*] countries/regions – Argentina, Australia, Austria, Belgium, Brazil, Canada, Colombia, Denmark, Finland, France, Germany, Iceland, Ireland, Luxemburg, Malta, Mexico (some regions), the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, the UK (some regions), the US, and Uruguay – in which same sex marriage is legal may engage in registration of a same sex marriage.

*It seems to be 26 including Taiwan.

有關2位國人或國人與承認同性結婚國家人士於108年5月24日前在同性結婚合法國家同性結婚,可持憑渠等經驗證之結婚文件辦理同性結婚登記,其生效日期依司法院釋字第748號解釋施行法第24條及涉外法第46條、第62條規定,以其至戶政事務所辦理同性結婚登記之日為準。

Unofficial translation: Regarding 2 [ROC] nationals or a national and a foreign national from a country where SSM is legal who were married before 2019-05-24 in a country where SSM is legal, to engage in registration of SSM they can rely on their authenticated [經驗證] marriage documents, the dates of coming into effect of which are in accordance with the provisions of Art. 24 of the 司法院釋字第七四八號解釋施行法 [implementation law of JY Interpretation #748 i.e. the SSM law] and Art. 46 and 62 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements, with the date on which SSM registration is conducted at the Household Registration Office prevailing.

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Your only option is to marry in the US.

Taiwan is not going to work since he is from Philippines as others stated here.

I’m amazed that for the US it doesn’t say 部分地區 as well.

No need after Obergefell v. Hodges

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But are all US overseas territories covered by Obergefell?

But if I understand correctly, even though such a marriage would be legitimate under US law, the HHR in Taiwan would not recognize the marriage unless it’s conducted in an SSM-legal jurisdiction and both spouses are citizens of an SSM-legal jurisdiction.

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Actually, I believe that the OP’s ultimate goal is to reside in the US.

I think that the OP hoped to get married in Taiwan because it would be easier than going through all the hassle of doing the paperwork for a fiancé visa and then applying for an immigrant visa, etc, etc, etc. It’s very time consuming and very costly, just ask Tommy about the time and hassle for getting his Indonesian wife to the US.

So, I’m guessing the aim of the OP is to get a quickie Taiwan marriage, live together with his husband in Taiwan while applying for the necessary permission to move back to the US to ultimately reside.

Not a bad idea, except Taiwan won’t allow SSM from someone from a country that doesn’t recognize SSM.

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So can someone confirm that 2 same sex people can only get married if at least one is a ROC citizen regardless if the other person is from a country that accepts SSM. Or if both are from countries that allow SSM?

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  1. A person from a country that allows SSM can marry a Taiwan citizen and get a JFRV and ARC. I believe it was a South African female who married her Taiwanese girlfriend who was the first foreigner to exercise this right in Taiwan. Found the reference.
  1. Can two gay foreigners from a country that recognizes SSM get married in Taiwan? If one has an APRC, can the spouse get a JFRV ARC? This is what I want to know.

Ok, so the none Taiwanese person must be from a country that allows SSM.

Yes sir. That’s correct.

But, as you, I would like to know about two gay foreigners in Taiwan.

Example: A gay American man has been living and working in Taiwan for 10 years. He has applied for and received his APRC. Then he meets the love of his life, another gay man from Holland who came to Taiwan on holiday. Holland recognizes SSM, so…

Question: Can the American APRC holder marry his Dutch boyfriend in Taiwan, then apply for a JFRV and ARC for his spouse so he can reside in Taiwan with his husband? Of course that wouldn’t come with work rights, just residency rights until the Dutch spouse was able to secure his own employment from a company that would sponsor a work permit.

But, residency rights and health insurance would be a good first step. And having the correct information is good for our community.

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The OP cannot get a marriage in Canada?