Marriage + work ARC = safe to freelance?

Hi all,
I currently have a basic year-to-year ARC through the university I work (I’m married, so I could’ve gotten an APRC, but I’ve been lazy). They supply my work visa. Another department at my university contacted me about doing one-time freelance voiceover work. I thought it would be through my university, but they sent me a pay contract to sign and it seems to be on behalf of a third party outside the university. I replied that I wasn’t sure about the legality as it pertains to my visa and they replied “don’t worry. Quite a few faculty at [my uni] do freelance work through us. I’m sure your office will confirm it’s okay.” Problem is, my office (the English dept) has gone away for CNY. What do you guys think? It pays well, but I’d much rather be safe than sorry. I’d prefer not to be linked to a FAQ, but just have a definitive yes or no answer. Thanks in advance!

What does your contract or department policy say on freelance/side work?

As for immigration act or ESA, your freelance work is no problem because you are a spouse of a citizen and on an ARC, iiuc.

I would not completely trust any answer I’ve got here without confirming it by myself through more reliable sources.

I’m checking with a department member who is on LINE. She will check with the chairperson. Thanks @tando

The easy, but not necessarily legal way, would be to just do it, but make sure you get your APRC as soon as possible. You could potentially date the contract with later dates and get paid once you have the APRC on hand.

Of course, I strongly discourage this sort of behavior.

OP is a spouse of a citizen and on an ARC, so has a work right. No need of an open work permit to do any work, as far as his school doesn’t prohibit to have other jobs. Iiuc.

Even if the ARC is work-sponsored and not marriage-based?

Yes, and the same for the study based ARC too. Iiuc.

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If that’s the case I’ll take back my strong discouragement.

It’s also technically through my school, but a different department. They’re checking now whether it’s okay.

the source of this info is Article 48 of Employment service act, if you want to check.

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:
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.(二、外國人與在中華民國境內設有戶籍之國民結婚,且獲准居留者。)

Doesn’t it mean that the said foreigner must already have a JFRV?

Yeah, while I’m married I still have a normal work-based ARC, not a JRFV or APRC.

it doesn’t say has been permitted to stay therein based on the marriage.

means having a valid ARC, iiuc.

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Oh, I see.
Thanks for pointing it out.

My department approved it. Extra 2,000 NTD here I come! Thanks to everyone who gave advice.

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I respectfully do not agree.

  1. The OP is on a work-permit based ARC through his company. He is only permitted to engage in employment stipulated by his work permits and nothing more. If he wishes to engage in other employment, he will be required to obtain a work-permit for any other companies and have it added to his work-permit based ARC.

  2. The OP is married to a Taiwan national. However, this doesn’t give him automatic unrestricted work rights. To receive unrestricted work rights, the OP needs to first secure a JFRV based ARC.

  3. If the OP decides to opt for an APRC, he doesn’t receive automatic unrestricted work rights until he applies for and receives the required Open Work Permit (OWP). Many people will argue that the APRC grants automatic unrestricted work rights once it is obtained and further due to his marriage to a Taiwan national, therefore is not required. This is untrue as once an APRC is obtained, he is his own entity and his immigrant status is no longer secured by his wife. But, but, but people have gone to the relevant government offices and officials have told them this. Yeah, sure! But since when did any Taiwan government official know or care about their job beyond collecting their paychecks?

Case in point: When the Foreign Affairs Police turned over immigration duties to the new, shiny National Immigration Agency (NIA), I was asked to train the NIA officers on how to process an APRC because they had zero training! But, nice new uniforms with shiny badges.

Please be careful. Consult directly with the NIA and do not take as gospel anything you read in this forum, to include my long winded and self-serving response.

Very truly yours.

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That’s a wise advice.
I’ll also add to not fully trust your department. There’s always the risk that they want to help you and don’t check in depth if it will cause you an issue not.
After all, if they are mistaken, you’ll pay for it, not them.

In time: why don’t you change your ARC already? It doesn’t take long and perhaps you can get it ready even before doing this side job!

I’m glad I didn’t sign anything. Still, I informally agreed to it based on what I read here and what my department told me. I’m going to call NIA in the morning and then I’ll have to back out if they say no. They won’t be happy, but oh well.

My wife has been asking me to do it for years. I have to do the FBI background check for it. I’m clean, but it’s still a pain getting everything together, sending it off and waiting 4 months. But that’s not a good excuse. I should.

Oh, I didn’t know it would take 4 months. For me (different country), I could get it online…
Or if you can get an APRC, just do it at once, no need to get an ARC based on marriage first.