[JFRV] No Work Permit Needed .... law Change (May 2003)

Bennco,

There are probably two stickers in your passport, one is a colored sticker and the other one is white with black lettering and should have a mark next to multiple reentry, correct, this is the only sticker you need to care about, the other one was just for the MOFA, my is stamped used also, why they do this, I haven’t the slightest.

This may be out of date but this is how it happened back in 2001.

The JFRV is marked “used” and valid for NO entries to Taiwan if issued in Taiwan. I assume it would be valid for one entry if issued outside Taiwan and have an expiry date.

You can tell it is a JFRV in the Chinese in the remarks. In my case it has my wife’s name.

The ARC rules require you to apply within 15 days.

It is the combination of Re-entry Permit and ARC that allows you to enter the country in the future. The re-entry permit quite clearly states that the ARC must be valid.

It is the ARC that permits you to stay in the country.

If your ARC expires while you are overseas you will need to apply for some other sort of Visa to re-enter Taiwan, or send your documents to someone there and get them to renew your ARC.

I am not sure how long your ARC can be expired before you have to start the JFRV process all over again.

I believe after much exaustive research through several government websites, permanent residency is not granted solely based on marriage. There are time constaints as well. According to government websites even though I have been here for six years, i have only been married for four years therefore I don’t qualify until I have been here and married for 5 years or 7 years total married or not. Until then I must have a JFRV and then an open work permit (now called personal) which will be valid for a maximum of 3 years at which point it will have to be renewed. One question I have though is that it says blah blah see question IX on this link
evta.gov.tw/foreign/foreign.htm for info on any new regulations. :unamused: It seems to me that things are getting easier, from current teachers no longer having to do urine analysis to teachers not having to leave the country even if thier employer refuses to grant transfers as long as they have a new employer willing to hire them within 14 days, strange days indeed.

That’s wrong. If you’ve been here for 5 years, and you got married last week, you’d still qualify.

Brian

From the Foriegn Affairs Q and A regarding Permanent residence:

IX. Q: An alien who had been resided in Taiwan at the purpose of employment at first and then married with a Chinese national with registered permanent residence in the Taiwan areas, can this alien apply for permanent residence as being the alien spouse of a Chinese national for which the combination of his/her two previous resident periods has reached the condition of having legally and continuously resided for five years?

      A:
  1.  Regulated by Article 23 of Immigration Law & Article 40 of The Enforcement Regulations of the Immigration Law.
    
  2.  Besides the fact of being married with a Chinese national, the applicant must have the marriage registered with the household registry office and change the alien resident records at the residing local police bureau beforehand. If the applicant has been legally and continuously resided for five years after marriage, he/she is qualified to apply under this condition. If the applicant has been legally and continuously resided for seven years during the periods before and after his/her marriage, he/she is also qualified to apply under this condition.
    

Is this website incorrect or am I reading it wrong?
Article 23
Aliens, who have legally and continuously resided in the State for seven years, or the alien spouse and/or children of a national with registered permanent residence in the Taiwan Areas who have legally and continuously resided in the State for five years or have legally resided in the State for more than ten years, during which period they have actually resided in the State for more than one hundred and eighty three days each year for five years, may apply to the Authority for permanent residence if they:

  1. Are at the age of twenty and over;

  2. Have a decent character;

  3. Have considerable property, skills or talents that enable them to make a living on their own;

  4. Have resided in the State for over 183 days each year during their legal and continuous residence in the State; and

  5. Are beneficial to the national interests of the State.

Aliens who had legally resided in the State for over twenty years before 31 May 2000, during which period they had resided in the State over 183 days each year for ten years, and have met the requirements as specified in subparagraphs 1-3 and 5 of the preceding paragraph may apply to the Authority for permanent residence.

Aliens who have not satisfied the requirements as specified in the first paragraph but have met one of the following conditions may apply for permanent residence:

  1. Having made exceptional contributions to the State; or

  2. Having possessed the high technology needed by the State.

The Authority shall organize a review committee composed of members recognized as impartial persons by the public to examine and check the preceding conditions. Applicants whose condition has passed the review shall be granted the permanent residence.

Applicants as stated in the preceding paragraphs 1-3 who concurrently have ROC nationality shall not apply for permanent residence.

The Authority shall issue applicants Alien Resident Certificates and inform the related departments after granting them the status of a permanent resident.

The Authority, after weighing national interests, may draw up an annual quota of permanent residence as prescribed in the first paragraph for each nation and region and submits it to the Executive Yuan for approval and promulgation.

[color=red]Applications for permanent residence shall be made within two years after the completion of the required residence as stated in paragraph 1. [/color]

Article 40 Continuous legal residency refers to the period of residency completed by the holder of the Alien Resident Certificate, as stated in paragraph 1 of article 23 of the Act; the so-called continuous legal residency includes the periods of legal visit and residency. Applications for permanent residency shall be filed within two years after completing the period of residency, as stipulated in paragraph 1 of article 23 of the Act; the period of residency, completed before the Act goes into effect, shall be included.

No, I think its Bri who has it wrong.
If you were here 5 years and got married last week, you’d have had a work-based resident visa for nearly 5 years and a JFRV for only a week, so you wouldn’t qualify.
You need either 7 years on a work-based res. visa, 5 years on a JFRV, or a mixture of the two.
Impleased only has 6 years with 4 married, less than the minimum 7.
If he had 7 years with only 4 married he would qualify.
If he had 6 years with 5 of them married, he would qualify.
But what’s this about the personal work permit? I thought JFRV-holders no longer required a work permit unless they want to teach.

I believe we require personal work permits, maybe only to teach, but I’m not sure. The have issued a new form which of couse I downloaded but now cannot find. It gives reference to Article 51 clauses 1,3,4, and 5
but does not specify type of work or employer. When I find it I will post the link. Here it is

evta.gov.tw/download/2014-1.doc

What a strange little form and what a complete waste of time for all concerned.

I recall that one of Hartzell’s posts covered this issue.

The law says that people married to a Taiwanese, who have lived in Taiwan for 5 years (not resided in Taiwan, or been married in Taiwan) can get PR. The police issuing the visa may misinterpret/misapply this law to say that you have to have been married for this time, but it’s not the law. But then, what do Taiwanese authorities care about what the laws actually say?

Brian

thanx for the link. But it says, that you need a APRC… so that means minimum of 5 years. But I’m only married for 3 years, so I still need a work permit?
I’m asking because my work permit just expires this month and my company wants to apply a new one for me… I thought I don’t need but they say I do.

[quote=“mixmaxtw”]thanx for the link. But it says, that you need a APRC… so that means minimum of 5 years. But I’m only married for 3 years, so I still need a work permit?
I’m asking because my work permit just expires this month and my company wants to apply a new one for me… I thought I don’t need but they say I do.[/quote]No, you just need a JFRV (Joining family residence visa) to be able to work where you like.

Right. The law says you don’t need a work permit as long as you have a JFRV, but the Ministry of Education says you need one anyway (if you’re a teacher). What can you do about it?

Brian

[quote=“Big Fluffy Matthew”][quote=“mixmaxtw”]thanx for the link. But it says, that you need a APRC… so that means minimum of 5 years. But I’m only married for 3 years, so I still need a work permit?
I’m asking because my work permit just expires this month and my company wants to apply a new one for me… I thought I don’t need but they say I do.[/quote]No, you just need a JFRV (Joining family residence visa) to be able to work where you like.[/quote]

Well, I got a more detailed answer now from my company’s HR department:
In general it depends somehow on the company’s revenue and size to determine how many foreigners they can hire. If you don’t have a work permit based on Article 48, you might have bad luck if the quota is full already. As revenue and size constantly change, the quota will too.
The labor buro said, it’s safer to get a work permit according to Article 51, and in that case I would need an Employer’s based work permit. The personal work permit is only possible with an APRC.
Anyway , there is a lot of confusion about labor rights, as the government just shiftet the whole thing over to the labor department, or so…
So, still get a work permit until you have a personal one.
The only question is, if you have a work permit, does the quota regulation not apply any more??? And with a personal work permit?
Can anyone clearify this?

If you are married to a local Taiwan citizen and have residency rights, then you have unrestricted work rights under the ESA. Of course, quotas do not apply to such an employee as yourself, because you are not “counted” in any group of “work permit holding persons”.

I am. And I have the JFRV, but not the APRC yet.
Can you please post me a link to a chinese document which states your post? It seems the officials at the labor department don’t know about it… They say I apply to the Article 51 and thus need a work permit to be on the safe side.
Is “residency rights” refering to JFRV or APRC? They say it means APRC.
In which article is this clarified? :s

Residency rights are JFRV and an ARC based on marriage.

Try checking out this page.

taiwanadvice.com/forms/worktai.htm

I can’t vouch for the accuracy of it, but it’ll get you started.

Can you give me the law which states that? I want to have something to show my HR department.
Thanx.

Unless you want to work as an English teacher, because the MOE say you can’t.

Brian

The labor law is very clear about this matter. As long as you have JFRV and ARC based on JFRV (which means you have the residency rights in Taiwan), you can work in any job except the ones do need a specific certificate/permission such as doctors and lawyers. If MOFA or any other institution is not aware of the law or they do not want to follow the law, they should be the responsible ones from any consequences (I don’t think there will be any). As long as you have the qualifications for the locals to work at bushibans or any other place, you should work without any problem also.