How to avoid military conscription in the future for my USA born sons after getting HHR?

So my wife and sons are in the process of getting their HHR. We are applying for their TARCs and in the process of staying 1 year to complete the process. We are all born in the USA, so we are getting HHR/nationalID through wifes parents and most likely return to the USA after 1year.

It just recently occured to me that my sons(4yrs old) may have to do conscription service one day. I want to avoid that as much as possible. Would that mean we would have to go straight back to USA once we get the HHR? I have read that if they stayed 1 year in TW, then they will have to serve in military, although i am not sure if that 1yr starts after getting HHR? Also can we still come back into taiwan to visit once they are 18 using our USA passport without conscription? What would be the best steps going forward to avoid military service in the future when we come back to visit?

your son needs to apply for Overseas Compatriot Identity Endorsement č­·ē…§åŠ ē°½åƒ‘å±…čŗ«åˆ†

check the OCAC page on it.
https://english.ocac.gov.tw/OCAC/Eng/FAQ/List.aspx?nodeid=456

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Once we apply for that, are there any limitations to how long they can stay in taiwan for any given year? Or do they have to leave within 4 months everytime they come visit?

after 15 yo, less than 183days per year. iiuc

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@tando
This is all new to me. So what happens to someone who was born here, has dual nationality, never left the country (doesnā€™t qualify for Overseas Compatriot Identity Endorsement) and then decided at like 17- 19 to leave for a few years and say return around 21 years old? Is there some kind of punishment if they havenā€™t done thier conscription by that time? Could they just then report for duty and everything is ok?
Thanks.

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if you are older than 18, or might be 19, you are stopped at a border when you exit, unless you have a permission to go abroad to study etc.

if you are older than 15 or so, your passport is for 3 years and stamped that you cannot get the Overseas Compatriot Identity Endorsement abroad. you cannot renew your passport at overseas mission too, unless you get a permission for a reason like to study.

Restrictions on Applying for Passports and Overseas Resident Status for Men Who Have Not Performed Military Service Obligations

i guess no punishment as far as you do conscription when you return.

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You can ask for permission to postpone conscription for education purposes.

I do not think there is punishment if you do not try to avoid conscription. I think you are always at risk of being drafted after age 18 until 36 and are likely to be drafted sooner rather than later. I am not sure what happens if you just avoid coming to Taiwan until age 36. I do not think that is punishable, but I may be wrong.

Trying to avoid conscription (such as travelling on another passport) can be punished. I found this related article:

Another article suggesting you can be sentenced to jail if you are ā€œfoundā€ after age 36:

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right. if you exit before the age of conscription, you are ok.

if you exit without a permission or with permission but donā€™t return by the time, you are punished.

see Article 3 of Punishment Act for Violation to Military Service System

statute of limitations may be 20 years after you become 37.

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Its good youā€™re looking at this and sorting what you can for now, remember to keep your eye on the ball as these things will undoubtedly change over the next 14 years.

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Thanks. Thatā€™s interesting. So basically you are locked in until finishing the duty if you are over 18/19?
Does that mean a university student also couldnā€™t leave for even a holiday?
I was surprised when my son got his Taiwanese passport last year at 18 but itā€™s good for 10 years and has no stamp in it.
Now Iā€™m confused. Or maybe itā€™s something to do with dual nationality?

you can. you just need to get a permission.

i checked the reguration, and found it was extended to 10 years in 2019. now they can check things online so no need of a stamp?

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Thanks. Good articles. So they issue a draft notice and if itā€™s ignored then thatā€™s when trouble could start.
As far as the permission to postpone. I wonder if they would accept joining the military of the other dual citizenship country as a reason before returning to do the Taiwan conscription.

Makes sense.
ā€¦and thanks for all your feedback!

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