I am curious if a person who has been here a while and is here based on marriage to a local with a JFRV and gets an APRC can get divorced. Although the APRC does not directly write married or anything like the JFRV does, it is definitely based on marriage at application time and even do not need an open work permit which makes me think that APRC are not all the same.
So if a person gets an APRC based on marriage, what would happen if they got divorced? The marriage was fairly long term and not a sham, just didnt work out and it can be documented and there is a child in the mix.
Your question’s based somewhat on a misunderstanding. You ask about “a person [who] gets an APRC based on marriage” but the APRC isn’t based on marriage. The JFRV is a resident visa that is “based on marriage” (or some other familial relationship) - and the JFRV confers an ARC. The requirement for obtaining an APRC however, is residence - to whit: legal residence for a specified length of time on one or several non-student ARCs.
So once you’ve got yourself an APRC, divorce away. No one will care, because the APRC was obtained based on meeting residency requirements (just don’t go giving yourself hassle by bringing your impending divorce up to the immigration people BEFORE getting your APRC).
For your information, I signed my divorce papers (using my old ARC) on the morning of the same day on which I later I handed in my ARC and picked up my APRC. I had already applied for it a couple of weeks before and it was ready on that exact day. While it’s conceivable to have issues during the application process because of an uncooperative spouse (my problem was getting tax certificates), once it’s done, you’re safe.
i think every pore in my body just relaxed…thanks. It is already done, in hand have APRC. I was just worried that maybe after that and they saw a divorce they may somehow make problems and investigate etc.
So one more question, which is where my assumption it is based on marriage. My friends who are here on work and have an APRC have an open work permit. I was told by NIA i dont need one because i was applying based on marriage so I do not need an open work permit. however, if divorced, how does that change the situation?
Thanks for your explanation and experience…we split for a long time but due to personal problems have not been able to get the APRC until now.
[quote=“Biota”]I think every pore in my body just relaxed…thanks. It is already done, in hand have APRC. I was just worried that maybe after that and they saw a divorce they may somehow make problems and investigate etc.
Ah, that’s great. You’re already home free then!
It’s not really because you were applying based on marriage that you didn’t need an open work permit. It’s because foreign spouses of Taiwanese nationals with household registration automatically receive unrestricted work rights under Article 51 of Taiwan’s labor law - the same article in fact, that allows APRC holders to work without restriction. The difference is that if you’re not married you’re supposed to apply for a work permit from the CLA, like cfimages said. It doesn’t seem to be an especially useful document and no-one seems to check it (you need to update it when you change passport for example but many foreigners forget) and I suppose one day they’ll get round to abolishing the requirement but for now you’ll need to go get it done. It can be done same day or you can have it mailed to you and if you’re in Taipei you used to have to go to the building on Yanping North Road, near Minsheng West, but the specific office handling these has moved now and I’m not sure where (maybe the info will save you a trip).
Thanks for your explanation and experience…we split for a long time but due to personal problems have not been able to get the APRC until now.[/quote]
Sorry about the troubles and glad you were able to get it done in the end!