Married to Taiwanese / facts please

I will be moving to Taiwan soon to work as an English teacher.I was hoping somebody could give me the details on whether I will require a work visa seeing that my wife is Taiwanese.
Also what are the issues regarding teaching kindergarten now?I have read some posts that cover the topic ,but I still do not understand the actual situation.
I am currently working in Japan as an English teacher.Would this be an advantage when looking for work?

  1. To work, you will first need to get an Alien Residence Certificate based on your marriage. Here are the requirements.

Note: Some people, including some police believe that this is all you need to work.

  1. I believe that you also need to apply to the Council of Labor Affairs for a work permit. This is issued if you have Alien Residence Certificate based on your marriage. This part is very easy compared with getting your ARC.

  2. You cannot teach in kindergartens legally. So far the law has not been enforced as if often the case in Taiwan.

The reasons for this situation have been discussed extensively on these forums. I would invite you to read through the old threads on these topics if you are interested. [/url]

Thank you for the fast reply. :smiley:
I read through most of the previous posts I think.Just curious on the deporting factor.If you are married to a national would you still be deported if they did decide to clamp down on this issue?

If you have an ARC based on your marriage, I don’t think you will be deported. This is based on what a Council of Labor Affairs official told us last year in a meeting on the issue. Of course, the police deport people, not the CLA, so you may still be taking a chance.

If you don’t have an ARC based on marriage and you are caught working illegally, I think chances are pretty good you would get deported.

In short, get your marriage-based ARC. It will make things MUCH easier for you.

Thank you for your help :laughing:

Believe this or not, an attorney in Taipei said that the new laws listed stated in the Chinese version, not in English version, that you don’t need a work permit, if you have an ARC through your wife. It anybody wants to know the exact law, I can give it to you. I would like someone to explain this law to me.

Cipos

Here is the Council of Labor Affairs phone number (886) 2-85901236 in Taipei, Taiwan. They speak English very well and they will say “If you are married to Taiwanese, you do not need a work permit anywhere including teaching English at bushibans”. But some teachers in this forum say based on their own experiences, MOE (Ministry of Education) is still not aware of or not accepting the new law :unamused:

A couple links from those discussions;
*[url=http://tw.forumosa.com/t/moe-refuses-to-follow-the-law-for-work-rights-of-foreign-spouses/7343/1 refuses to follow the law for work rights of foreign spouses[/url]
*[url=http://tw.forumosa.com/t/jfrv-no-work-permit-needed-law-change-may-2003/5608/1 Work Visa Needed to work New law Change (May 2003)[/url]
*[url=http://tw.forumosa.com/t/labor-insurance-denied-due-to-lack-of-work-permit-though-no-permit-needed/7388/1 insurance denied due to lack of work permit, though no permit needed[/url]

If you want you can call Labor Department for confirmation again.

[quote=“cipos”]Believe this or not, an attorney in Taipei said that the new laws listed stated in the Chinese version, not in English version, that you don’t need a work permit, if you have an ARC through your wife. It anybody wants to know the exact law, I can give it to you. I would like someone to explain this law to me.

Cipos[/quote]

I have seen this too, it seems very clear to me.

It certainly is true and I’m not sure that it isn’t in English also.

There’s a whole thread plotting the rise of this buried in here somewhere.
I think it’s under JFRV ARC.

Doh! Just hit Feiren’s post:[url]APRC no longer entails permission to work?

Dunno, I used my residency through marriage to work.

HG

You married a Taiwanese girl and you still need to work. Sounds like you married the wrong woman. hahaha.

But on a serious note if you are married to a Taiwanese national and she has active residency in Taiwan, the chances of you being deported are slim.

Since you are in Japan. I assume your wife is in Japan as well. Make sure her residency status is still okay in Taiwan, if she has been out of the country for more than 2 years.

This will help you with your ARC application.

As you’re aware Taiwan can deport you on testing positive for STD and past criminal records. But unless you really piss off the wrong people I doubt you’ll be deported for teaching English. :slight_smile:

Another twist to the story.

My wife has not lived permenantly in Taiwan for 8 -9 years.I asked her about her residency status and she really has no idea :s She said something about being able to renew quite easily her status if she lost residency.
I am not confident with my wife on these type of issues,I thought maybe someone else could give some insight into what we should expect to deal with when arriving. :astonished: And whether it will affect me as well.

[quote=“daltongang”][quote=“cipos”]Believe this or not, an attorney in Taipei said that the new laws listed stated in the Chinese version, not in English version, that you don’t need a work permit, if you have an ARC through your wife. It anybody wants to know the exact law, I can give it to you. I would like someone to explain this law to me.

Cipos[/quote]

I have seen this too, it seems very clear to me.[/quote]

Please show me the law in Chinese where it says married foreigners do not need work permits. I simply can’t find it though I’ve heard of it many times.

[quote=“Feiren”][quote=“daltongang”][quote=“cipos”]Believe this or not, an attorney in Taipei said that the new laws listed stated in the Chinese version, not in English version, that you don’t need a work permit, if you have an ARC through your wife. It anybody wants to know the exact law, I can give it to you. I would like someone to explain this law to me.

Cipos[/quote]

I have seen this too, it seems very clear to me.[/quote]

Please show me the law in Chinese where it says married foreigners do not need work permits. I simply can’t find it though I’ve heard of it many times.[/quote]

Will this do? taiwanadvice.com/forms/worktai.htm that and the Foreign Affairs Police also told me that I don’t need to apply for a work permit.

OK, I’ve tracked it down.


Labor Services Law [Act]

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。但各級政府及其所屬學術研究機構聘請擔任顧問、研究工作者或與在中華民國境內設有戶籍之國民結婚,且獲准居留者,不須申請許可。

When employers employ foreigners, they shall submit relevant documentation and apply for a permit from the central government competent authority provided a permit is not required when [1] government agencies at any level or academic research institutions under their jurisdiction employ foreigners as consultants or researchers or [2] foreigners are married to citizens who have registered residence in Taiwan and [the foreigner] has obtained residency.


In other words, you don’t need a work permit if you are married and have an ARC.

Your employer also doesn’t need to get you a work permit if the employer is a government agency or a government research institute.

This contradicts other laws, but never mind (I supposed this law takes precedence since it deal specifically with employment).

Hope this clears things up.

Note that per my earlier post, I believe that umarried PARC holders still need to apply for a work permit.

Feiren, do you have a link to that entire statute?

Brian

You bet.

law.moj.gov.tw/Scripts/Query4B.a … e=N0090001

The site is a great Taiwan law resource: law.moj.gov.tw

Mr. Jones,

You best have your wife contact the nearest Taiwan Embassy and get all the facts now. Non-register residents of ROC are second class citizens.

That’s the one.

I have an ARC through my Taiwanese wife and tons of experience teaching English privately, but alas, no degree. Can I legally apply for a job at say Davids or Global Village? Thanks.

You need a degree to be able to obtain an ARC as a teacher, but do not necessarily need a degree to teach. You already have the ARC, so no problem. Lots of schools hire spouses of ROC citizens; saves them the hassle of having to apply for an ARC for the teacher.

Good luck,
CK