Immigrating to Taiwan

Legal Visa & Residency
1

So as of right now (January 2020) my wife, my son, and I are planning on moving to Taiwan permanently in the summer of 2024. I have been slowly chipping away at the logistics, and have finally come to the true nitty-gritty of it - the Residence Visa.

I sincerely hope that I can get the Employment Gold Card, and that the time with the Gold card to qualify for an APRC has been decreased to 3 years. If not, 5 years is still ok in my books (but I may have to apply for a different Visa type after 3 years if I no longer qualify by my income in Taiwan).

I’m not really the problem. It is my wife and son that I want to figure out.

My wife:
Per my research, she can apply after 5 years for an APRC through the " 5,000,000 NT$ in chattel" to support herself (which we should have as long as I can figure out what chattel is).Has anyone successfully used this method? And would this be her own APRC, so if something happened to me she could keep her APRC still?

If this doesn’t work, she should be able to get her APRC after 10 years (5 years after I receive mine) through being my spouse. However, I do not know, once again, if something happens to me, whether she can keep her APRC or not.

My son:

He will be 12 yrs, 8 months in 2024. Five years after, when he could qualify to get an APRC (possibly through the “chattel” method above), he will be only 17 yrs, 8 months, so he won’t be able to apply yet (you have to be 20).

The other option, applying as a dependent (only for minors - under 20), is after 10 years (5 years after I get my APRC), but he will be 22 yrs 8 months - 2 years and 8 months too old to be considered a dependent!! Unless he can apply because he was a dependent at the point I received my APRC (which I doubt)? This whole rule not well though out - a child would have to be under 10yrs old when they arrive in Taiwan to be able to get their APRC before 20 yrs old. Also, if something happens to me, he loses his APRC in this case - which kind of.misses the point of a permanent move.

To even make it more confusing, there are several new rules (which I don’t quite understand the reasoning for) in relation to adult children:

Article 8:
Aliens who are permitted to reside in the Taiwan Area, having reached the age of 20 years old (or more), having a parent holding an ARC or APRC, and having met one of the following conditions may apply for the extension of the residency：

  1. Having stayed in Taiwan for an accumulated 10 years in total and residing for over 270 days each year.
  2. Having entered Taiwan under the age of 16 and stayed over 270 days each year.
  3. Born in Taiwan, having resided in Taiwan for a minimum accumulated period of at least 10 years in total and having stayed over 183 days each year.
    The alien mentioned in the preceding paragraph should bring the following documents with one photograph to apply to the National Immigration Agency for extension within 30 days before the expiration of his/her residency.

So my son would be able to extend his ARC, but would not be able to get an APRC until he qualifies through making enough money or through the “chattel” method?

I suppose this new section (below) makes it possible for the now adult child to make enough money to qualify??

From new act (not yet passed)

Article 17
Where a foreign professional is hired to conduct professional work and has been approved for permanent residence by the National Immigration Agency, Ministry of the Interior, an adult child of said person may apply direct to the Ministry of Labor for a work permit to engage in work within the State, and need not apply through an employer, provided such child has obtained confirmation from the National Immigration Agency, Ministry of the Interior, of having met one of the conditions listed below, and in such case shall not be subject to the limitations prescribed in Article 43:
1.Having lawfully accumulated ten years of residence in the State, and having stayed in the State for more than 270 days in each of those years.
2.Having entered the State before the age of sixteen, and having stayed in the State for more than 270 days each year.
3.Having been born in the State, and having lawfully accumulated ten years of residence in the State, and having stayed in the State for more than 183 days in each of those years.
Where an employer hires an adult child, as referred to in the preceding paragraph, to engage in work, they shall not be subject to the limitations prescribed in Article 46 Paragraphs 1 and 3, Article 47, Article 52, Article 53 Paragraphs 3 and 4, Article 57 Subparagraph 5, Article 72 Subparagraph 4, and Article 74 of the Employment Services Act, and shall be exempt from payment of the employment security fees as prescribed in Article 55 of that Act.

There are possible work-arounds for both my wife and my son - set up a rep office and employ them to give enough income to qualify for APRC. That or apply for citizenship, which has its own issues.

I am just trying to figure this out as well as I can ahead of time, and get as prepared as possible so there aren’t too many surprises.

2

per my understanding, chattel is cash or property in taiwan that is not real estate. a friend is using this way to get aprc for his wife, but they didnt finish the process yet.
from what I understood, if your wife has a bank account with a deposit of 5,000,000 that is considered enough for aprc. but best is to consult with the NIA.

3

I would be curious to know how long it needs to stay in there, and if stocks in a Taiwanese investing account through a Taiwanese bank would qualify.

Please keep us updated as to how the application goes for your friend and his spouse.

4

I would wait to see hot the new law is going.

At least your wife and son have the option to get their independent APRC by 5,000,000NTD asset after 5 years or after reaching 20 yo. If something happen to you before your son gets his Aprc, he could get a student ARC if he would go to a taiwanese uni, and after graduation, the hurdle to work in Taiwan would be lower than other foreigners. Though, if something might happen to you before that, would they still reside in Taiwan?

5

Though, if something might happen to you before that, would they still reside in Taiwan?

This is mostly a long term consideration. I have no major health issues at this point (knock on wood) and is more looking ahead to 30-40 years in the future. If something happens in the near future, my wife would likely get a significant insurance payout, and could likely live where ever she wants to. Would they still live in Taiwan? Probably. I’m just trying to figure out options at this point.

6

in long term, your dependents at least have the option to get each independent APRC by the 5 yr residency and 5,000,000NTD criteria. Isn’t it enough at this moment? Though you may need to figure out how long the property should be in Taiwan, I believe it must be much shorter than 5 years. Maybe your wife would get her APRC first, then you would move the asset to your son if necessary? Or maybe your son could get a job to clear the annual wage criterion? He will just need to hold the job for 1 year. And imo, they should get their independent APRC, not dependent one.

The new law(s) will most probably change things in your favor. I think you don’t need to worry about it at this moment, 3~4years before your move. Election was done, so hopefully they will start working on the law soon.

7

Jesus dude have you planned your funeral as well?

Apply for the gold card first, if you don’t get it, come get a working visa and sort it out from there. There’s no reason to plan so far ahead. The laws for getting permanent residency are getting easier and easier as the years go on, no need to worry about your son’s visa.

8

Just curious … Do you have children? If you do, you should understand planning in advance - it is why life insurance exists ( and retirement plans, and all sorts of things actually). None of these things mattered to me in my 20s or 30s - but I regret it now. It is also why I will have a pension at 50, and an additional 5 million NT$ to be able to do these things. “Just wingin’ it” works when you are young, for sure, but when there are family members on the line and an entire future, it pays to plan.

And I like planning- if you haven’t figured that out yet. :wink: And , funny enough, my plan is exactly what you said - try for the Gold Visa, and if it doesn’t work, come over and just get a regular work ARC and go from there. But with just a few more details.

9

@tando good points. I definitely could move the money from my wife to my son of necessary. I just don’t like having that money out of the stock market for too long.

And hopefully legislation will move in favour of more permanent residents overall in the near future.

10

Any updates on the mentioned law changes?

11

Not as far as I know. We are moving to Taiwan in November, and we will see how things proceed from there.

If anyone else has experience in this matter, please let us know!