Work right of foreign spouses
On marriage based ARC
On APRC
Divorced etc.
Article 48
Prior to employing foreign worker to engage in work, employer shall apply to the central competent authority for employment permit with relevant documents submitted. However, the following foreigners are exempted：
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2. A foreign worker has married a national of the Republic of China with a registered permanent residence in the Republic of China and has been permitted to stay therein.
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Enforcement Rules of Employment Service Law
Article 9-1
The circumstances as referred to in Subparagraph 2 of Paragraph 1 of Article 48 of the Act include those to whom the competent authorities in charge of the entry and exitadministrative authority issue residence permits in accordance with Subparagraph 1 of Paragraph 1 of Article 23 of the Immigration Act, permanent residence permit in accordance with Article 25 of the same Act or extended residence permit in accordance with Subparagraph 1 to Subparagraph 5 of Paragraph 4 of Article 31 of the same Act.
Article 23: Marriage based ARC
Where an alien who possess a valid visa for a visit for the period of sixty (60) days or up and such a visa is with annotated disapproval of extension of a visit or other restrictions by marked by the visa issuing authority meets one of the following circumstances, he/she can apply to National Immigration Agency for residence. After the Agency permits the application, it shall issue an Alien Resident Certificate to the alien.
- The alien’s spouse who holds the nationality of the State resides in the Taiwan Area currently and is with registered permanent residence or permitted to reside in the area. With respect to the alien’s spouse being an alien, the spouse is permitted to reside or permanently reside in the area.
Article 25: ARPC
Article 31: Divorced etc.
Aliens shall apply to National Immigration Agency for an extension before their visits or residence expires if they have to continue their visits or residence in the State.
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National Immigration Agency shall revoke the residence permit of an alien and cancel the alien’s Alien Resident Certificate if the alien’s reasons for residence disappear within the period of the residence. Where an alien meets one of the following circumstances, however, he/she shall be permitted to reside continually.
- His/Her dependent relative is deceased.
- Is a spouse of a national with registered permanent residence in the Taiwan Area and is physically or mentally abused by his/her spouse.
He/She is protected by the protection order issued by the court.- An alien acquires the guardianship of his/her own children with registered permanent residence in the Taiwan Area after his/her divorce.
- Is suffered from family violence and divorced after the judgment of the court. The alien also has his/her own minor children with registered permanent residence in the Taiwan Area. subject to court divorce,
- Is deported from the State forcibly due to the revocation of his/her residence permit and is believed to have caused severe and irrecoverable damage to his/her own minor children with registered permanent residence in the Taiwan Area.