Marriage + work ARC = safe to freelance?

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!

Shit.
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.

Yeah, Americans need FBI checks. And the FBI likes to take their time. Turnaround is usually 12-16 weeks.

Looking again at the contract they sent, it’s affiliated with my university (even though it’s a separate department). I think I can do it.

I respectfully disagree with your respectful disagreement. :slight_smile:

We have discussed this before.

It has also recently been claimed that the OWP is being eliminated because it’s superfluous, which would seem to support this interpretation of the ESA.

In the absence of any contrary statement by the relevant authorities, it is my opinion that OP has nothing to worry about.

As always, if in doubt, ask the relevant authorities or a lawyer.

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Then, please direct me to the relevant official NIA policy website, in Chinese, illustrating this claim. If you can’t, then that’s all it is, a claim.

I love eating crow. Give me a large plate by providing an official policy and not anecdotal experiences. Because as you know, “Here is Taiwan” and the only consistencies ARE the inconsistencies and incompetence.

Cheers mate!

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I think the relevant authority is MOL on this case. I made an inquiry to them. Hopefully, I will get a reply soon.

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I found I had got an reply one and a half months later since I sent an inquiry.

有關您於108年1月23日以民意信箱詢問「外籍配偶持有居留證自由從事工作是否合法」一節,茲就相關法令規定,說明如下:
一、依就業服務法(以下簡稱本法)第48條第1項第2款規定略以:「雇主聘僱外國人工作,應檢具有關文件,向中央主管機關申請許可。但有下列情形之一,不須申請許可: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。」。
二、依前開規定,外國人與設有戶籍之我國人結婚且有有效的居留證,始得不需申請許可即可在國內工作。至不符上開資格之外國人在台工作,仍應依本法規定經許可後始得在台工作。

Unfortunately, still not crystal clear.

I went to renew my APRC a couple months back and also my OWP and when I did, I was told, that regardless of my marital status to a Taiwanese citizen, that I was still required to apply for and get an OWP in order to work legally because I have an APRC and not a marriage based ARC.

Both the NIA and the OWP agency were in agreement on this point. Marriage based ARCs have the red statement printed on them that states the bearer has open work rights without the need for an Open Work Permit. However, the APRC doesn’t have this and also doesn’t indicate marital status of the bearer. When I asked why the APRC didn’t have automatic open work rights, everyone in the office agreed that it SHOULD, but unfortunately it DOESN’T, so therefore APRC holders need the OWP.

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I asked to WDA again if a foreign spouse with APRC needs an open work permit. Their answer is still not crystal clear, but they repeat if the spouse has a residence permit, no need of work permit. Foreign spouses with APRC don’t need to get an open work permit.

有關您詢問外籍配偶獲已取得永久居留是否須申請工作許可一案,本部說明如下:依就業服務法第48條第1項第2款規定,外國人與在中華民國境內設有戶籍之國人結婚,且獲准居留者,居留期間不必向本部申請工作許可,即可在臺灣工作。據上,若您配偶屬就業服務法第48條第1項第2款規定在中華民國境內設有戶籍之我國人,則其配偶只要持有有效居留許可,不須申請工作許可,即可在臺工作。

Added: For foreign spouses with APRC, it is crystal clear.

https://www.wda.gov.tw/News_Content.aspx?n=8DC97C01DCF594B0&sms=B765994FC1B39759&s=27B384227002976F
P.5 of 外籍配偶就業服務資源手冊(中文)

Q. 外籍配偶如果沒有身分證,也可以在臺灣工作嗎?
A. 外籍配偶持有效之外僑居留證或外僑永久居留證者,就可以合法在臺灣工作,不需要持有身分證。

They may get OWP for their convenience, but it is not a legal requirement.

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Well, I renewed my ARC with no trouble at all, so I guess it was fine. :man_shrugging:

I know you don’t need this info anymore, but as a reference for someone who might visit this thread to search related info.

foreign spouses on marriage-based ARC, or APRC, or extended ARC due to divorce etc, have work right. Spouses on work-based or student ARC don’t have.

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I’ve been here a longtime and respectfully say leaving the permissions to live and work up to the mercy of your employer when you are eligible for more makes you out of your mind. Eligible for a joining family visa, get it now. Then get your aparc when eligible.
I’ve seen many stories.
Just get them. You will be free to work or volunteer anywhere.