Naturalisation - Processing while overseas

Well one reason could be to check if the marriage is real or not. I know for a fact US does random checks on people who got green card through marriage.

I was under the impression you need to get TARC within a year? Am I wrong? You can delay that?

They’ve already done that. It’s also not required under the nationality act nor the enforcement rules.

It’s not a dictatorship, the government cannot make up arbitrary rules despite their behaviour

That is not correct

your marriage could be broken after that, so they may need to check again.

this might be relevant.

Principles for determining the authenticity of a naturalized nationality marriage and good conduct

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The link won’t open.

But even so, how on earth is come back to TW for a day a solution?

I’m very sorry to hear about that outcome :frowning:

Here’s a paste for you:

歸化國籍婚姻真實及品行端正認定原則

 一、國籍法第三條第一項第三款規定,外國人或無國籍人申請歸化國籍及準歸化中華民國國籍證明,應具備品行端正、無犯罪紀錄之要件,另同法第四條第一項第一款規定,其以我國人之配偶身分提出申請,係以婚姻真實為前提,為使內政部及各直轄市、縣(市)政府有一致且明確之認定依據,特訂定本原則。

二、外籍配偶與國人結婚後,申請歸化時,具有下列情形之一者,得認定不具婚姻真實:

(一)訪查時,外籍配偶與國人配偶無共同居住之事實,且不能共同居住之事由係可歸責於外籍配偶。

(二)訪查後發現夫妻雙方說詞有重大瑕疵。

(三)訪查時為不實陳述或發現疑似串證之情形。

(四)經訪查及其他相關佐證資料,無積極事證足認其婚姻為真實。

(五)依據訪查資料,國人配偶無法提供足以維持本人及家庭成員生活資源或無法經營正常婚姻共同生活。

(六)外籍配偶與我國人締結或維持婚姻關係,僅係為達歸化國籍目的。

(七)國人與外籍配偶結婚,其在臺之父母、兄弟姐妹或子女,不知其結婚,或未曾見過該外籍配偶。

(八)曾與國人結婚、離婚三次以上,且無其他積極事證足認其婚姻為真實。

(九)外籍配偶行方不明或無法聯繫。

(十)夫妻一方承認係虛偽結婚。

(十一)其他經內政部認定非屬真實婚姻。

三、外國人或無國籍人依國籍法規定申請歸化,其犯罪情節輕微,且依警察刑事紀錄證明核發條例規定不予記載於警察刑事紀錄證明,屬下列情形之一者,認定為品行不端正:

(一)觸犯刑法,經受緩起訴處分確定或緩刑、拘役、罰金之宣告確定。

(二)違反社會秩序維護法,經裁處拘留或罰鍰確定。

(三)妨害婚姻或家庭,經提出告訴且有具體事證。

(四)從事、媒合或教唆他人坐檯陪酒或脫衣陪酒。

(五)妨害風化或妨害善良風俗之行為。

(六)經相關機關查獲走私或運送、販賣違禁品。

(七)出於自願施用毒品。

(八)其他經內政部認定為品行不端行為。

外國人或無國籍人有前項第一款或第二款之行為,於緩起訴處分期滿未經撤銷,或緩刑期滿未有其他犯罪,或於其他刑罰、行政罰執行完畢後三年內,或第三款之行為經提出告訴後三年內,或第四款至第八款之行為遭查獲後三年內,未再有前項各款行為之一者,得再重新申請歸化。

外國人或無國籍人有第一項第二款之行為經裁處拘留、罰鍰確定後滿二年,或第三款之行為經提出告訴後滿二年,或第四款至第八款之行為遭查獲後滿二年,可提出有益家庭及積極從事公益事證確鑿足認已改過自新,且未再有第一項各款行為之一者,得再重新申請歸化。

四、外國人或無國籍人依國籍法規定申請歸化,其犯罪紀錄之認定,依警察刑事紀錄證明核發條例,所核發之警察刑事紀錄證明記載有刑事案件紀錄者,不得申請歸化;偵查或審判中之刑事被告,亦同。

Thanks for that! But according to this, there’s still no reason that my application can’t be approved

it indicates visiting is a part of the standard procedure to check if your marriage is real or not.

this case may be somehow similar to your situation.

協助蔡○○女士夫婦因戶籍地址及居留地址不同而受移民署專勤隊查訪2次案。

They are welcome to visit us in Australia. There is still no requirement for us to be in Taiwan. Only to live together. Also I asked them straight up if I can leave after submitting the application… and they said YES. If they said no, wait until the application is approved, then I would have waited.

How is it OK to fuck around with people’s lives like that?

I submitted an administrative suit against the MOI and uploaded evidence of us living together

I can’t open that link either

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seems that is what they need to get.

I don’t think so, they have said to us they want to take a picture of us standing in front of the house his HHR is at.

I submitted my husband’s visa grant, all the leases we’ve had together. i’ll upload our driver’s licences later if I can, I’m still waiting for mine

they want it as an “evidence of you living together”· maybe they said so to indicate that they think your marriage is real but they need something for formality to complete the procedure.

they might want it authenticated at teco as they usually do.

Australian visas are electronic. They are authenticated through vevo

I just printed the PDF from that. They can use that website to confirm it but you’re probably right, I can see them wanting it verified at TECO for no reason

‘Just letting you know I have filed a complaint with the judicial yuan’

HHRO

‘Can you withdraw the complaint to the judicial yuan? We can find a solution first.’

Me

‘I will withdraw the complaint after a solution is found, not before. The complaint is against MOI, not you personally.’

Her

‘But the MOI is our boss, this will affect me’

Me

‘Not processing my application affects me.’

I have actually submitted the complaint but I’m assuming nothing would have been done if I hadn’t. This will make them move at least and I’m sure a reasonable solution will be quickly found now.

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Exactly

Im always a bit shy about complaining but I’m sure their solution will be for you to fly to Taiwan and do exactly as they want.

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Yeah, she’s already said that to us 3 times and she says it like this “There’s really no problem with you being overseas but immigration must visit your home in Taiwan”

I have also suggested her to ask immigration to visit our home in Australia. Somehow that’s ridiculous but asking us to fly to Taiwan and pretend we live at a home in Taiwan is totally reasonable

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I don’t see why they can’t just zoom call you… Also if you put two and two together you’d realise that you BOTH left on the same time! It’s almost as if you’re partnered…

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Because 沒辦法. We suggested that to them.

The HHRO lady has been nice actually but I’ve been in Taiwan long enough to know that means 0 people can be nice and screw you.
She said she is going to ask immigration if this is possible, but by lodging a complaint I can ensure that something is done.

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Love the replies you gave her…If you notice, she’s only concerned about herself & her job and not about screwing with someone’s lives. Trying to get citizenship of another country is a very big decision to make and I understand you getting frustrated dealing with this fiasco.

Oh! I didn’t realize the both of you have left…I was under the impression only you’d left. And now HHR & Immigration wants the both of you back to take a pic in front of your place of residence?? WTF??? :rage: …and she suggested you guys can leave! Double WTF!!!

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