# Need an Open Work Permit if Possessing an APRC?

**URL:** <https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121>\
**Category:** Legal - Work\
**Created:** [July 21, 2021, 11:52am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121 "2021-07-21T11:52:20Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![taiwandude](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/t/71c47a/32.png) [@taiwandude](https://tw.forumosa.com/u/taiwandude)\
**Post date:** [July 21, 2021, 11:52am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/1 "2021-07-21T11:52:20Z")

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I’ve had an APRC for quite some time. The other day a friend mentioned to me I need an Open Work Permit. Is this true?  
I’m semi-retired and float around to a few high schools part time who have never asked me for an OWP.

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**Author:** ![tando](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/t/6f9a4e/32.png) [@tando](https://tw.forumosa.com/u/tando)\
**Post date:** [July 21, 2021, 12:07pm UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/2 "2021-07-21T12:07:44Z")

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If your spouse is an ROC citizen, you haven’t needed.

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**Author:** ![Hubert\_Golightly](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/h/a8b319/32.png) [@Hubert\_Golightly](https://tw.forumosa.com/u/Hubert_Golightly)\
**Post date:** [July 21, 2021, 1:42pm UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/3 "2021-07-21T13:42:22Z")

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This sounds like a weird blue plastic card embedded in an A4 sheet that they gave me when I got my APRC (through marriage). My most recent employer took a copy of it because I didn’t have the work permit letter they showed me an example of.

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**Author:** ![tando](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/t/6f9a4e/32.png) [@tando](https://tw.forumosa.com/u/tando)\
**Post date:** [July 21, 2021, 3:24pm UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/4 "2021-07-21T15:24:23Z")

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Marriage-based ARC holders married to ROC citizens and APRC holders married to ROC citizens have work right so don’t need open work permit.

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**Author:** ![DesiInTaipei](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/desiintaipei/32/95528_2.png) [@DesiInTaipei](https://tw.forumosa.com/u/DesiInTaipei)\
**Post date:** [July 22, 2021, 8:02am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/5 "2021-07-22T08:02:57Z")

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What about others? Why do they(aprc) need it if they are indeed “permanent” residents?

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**Author:** ![frank\_hnd](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/frank_hnd/32/125285_2.png) [@frank\_hnd](https://tw.forumosa.com/u/frank_hnd)\
**Post date:** [July 23, 2021, 12:50am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/6 "2021-07-23T00:50:40Z")

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> [@DesiInTaipei](#):
>
> Why do they(aprc) need it if they are indeed “permanent” residents?

Because APRC is essentially a permanent VISA on your passport. Open work permit is just a formality to say that you wanna work here too. It is stupid, I know. Probably some old laws that were never changed or at least revised.

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**Author:** ![yyy](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/yyy/32/12085_2.png) [@yyy](https://tw.forumosa.com/u/yyy)\
**Post date:** [July 23, 2021, 1:39am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/7 "2021-07-23T01:39:29Z")

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The Employment Service Act is not that old, but it is very confusing. You might expect it to say _foreigners have the right to work if_ and then list the criteria to be met, but instead it basically says _foreigners do not have the right to work except in special cases_ and then rambles almost incoherently about the exceptions. So the OWP is a convenient way of explaining that someone is an exception.

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**Author:** ![taiwandude](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/t/71c47a/32.png) [@taiwandude](https://tw.forumosa.com/u/taiwandude)\
**Post date:** [July 23, 2021, 3:56am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/8 "2021-07-23T03:56:27Z")

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Well, although it appears that possessing an OWP doesn’t seem to be a top priority of enforcement by the powers that be, I guess I’ll head to the Labor Ministry and apply for one anyway.

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**Author:** ![tando](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/t/6f9a4e/32.png) [@tando](https://tw.forumosa.com/u/tando)\
**Post date:** [July 23, 2021, 5:07am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/9 "2021-07-23T05:07:04Z")

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> [@taiwandude](#):
>
> Well, although it appears that possessing an OWP doesn’t seem to be a top priority of enforcement by the powers that be, I guess I’ll head to the Labor Ministry and apply for one anyway.

There are mixed information on this forum, that a spouse of an ROC citizen was refused to be issued an OWP, and an OWP was issued for the convenience of the applicant, though it is not necessary.

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**Author:** ![bracknelson](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/b/e9bcb4/32.png) [@bracknelson](https://tw.forumosa.com/u/bracknelson)\
**Post date:** [July 23, 2021, 9:17am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/10 "2021-07-23T09:17:26Z")

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**You need to apply for an open work permit after getting your APRC.**

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**Author:** ![slawa](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/slawa/32/112823_2.png) [@slawa](https://tw.forumosa.com/u/slawa)\
**Post date:** [July 23, 2021, 9:22am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/11 "2021-07-23T09:22:12Z")

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> [@tando](#):
>
> spouse of an ROC citizen was refused to be issued an OWP

I have marriage based APRC and was issued OWP.

Edit: more clearly

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<div class="post-metadata">

**Author:** ![frank\_hnd](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/frank_hnd/32/125285_2.png) [@frank\_hnd](https://tw.forumosa.com/u/frank_hnd)\
**Post date:** [July 23, 2021, 9:23am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/12 "2021-07-23T09:23:24Z")

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> [@slawa](#):
>
> I have APRC + OWP and am married with ROC citizen.

You APRC is not marriage based like Tando later wrote:

> [@tando](#):
>
> Marriage-based ARC holders married to ROC citizens and APRC holders married to ROC citizens have work right so don’t need open work permit.

BTW, I also had APRC + OWP and was married with an ROC citizen. but my resident status was based off work, not marriage.

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**Author:** ![tando](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/t/6f9a4e/32.png) [@tando](https://tw.forumosa.com/u/tando)\
**Post date:** [July 23, 2021, 9:23am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/13 "2021-07-23T09:23:45Z")

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> [@slawa](#):
>
> > [@tando](#):
> >
> > spouse of an ROC citizen was refused to be issued an OWP
> 
> I have APRC + OWP and am married with ROC citizen.

So, I said mixed info.

> [@What happens to your existing work permit if you get Open Work Rights via APRC?](https://tw.forumosa.com/t/what-happens-to-your-existing-work-permit-if-you-get-open-work-rights-via-aprc/161298/25):
>
> I was told the same thing. They told me that the OWP is built into the APRC. No need to have the 2 together at the same time. I pressed the issue more and they stood their ground. Would not even let me apply for one. A higher up in the office came over and told me that soon, the OWP will be done away with altogether (as far as paperwork goes) and the APRC is all you need. They were nice about it though. roll_eyessmirkface_with_raised_eyebrow

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**Author:** ![slawa](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/slawa/32/112823_2.png) [@slawa](https://tw.forumosa.com/u/slawa)\
**Post date:** [July 23, 2021, 9:24am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/14 "2021-07-23T09:24:11Z")

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> [@frank\_hnd](#):
>
> You APRC is not marriage based like Tando later wrote

yes it is  
APRC after 5 years on marriage based ARC  
After getting APRC I went to Taipei to get OWP

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<div class="post-metadata">

**Author:** ![tando](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/t/6f9a4e/32.png) [@tando](https://tw.forumosa.com/u/tando)\
**Post date:** [July 23, 2021, 9:25am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/15 "2021-07-23T09:25:21Z")

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> [@bracknelson](#):
>
> You need to apply for an open work permit after getting your APRC.

Only if your suppose is not an ROC citizen.

Article 48 of [Employment Service Act](https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=N0090001)

> 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 residence in the Republic of China and has been permitted to stay therein.

Article 9-1 of [Enforcement Rules of Employment Service Law](https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=N0090006)

> 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.

The law specifies how you got ARC, but how you got APRC doesn’t matter.

> [@frank\_hnd](#):
>
> Even when converting to TARC, if your APRC was based off work, you still need the stupid OWP but if your APRC was based off marriage it says right on the TARC that you do not require a work permit.

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<div class="post-metadata">

**Author:** ![frank\_hnd](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/frank_hnd/32/125285_2.png) [@frank\_hnd](https://tw.forumosa.com/u/frank_hnd)\
**Post date:** [July 23, 2021, 9:26am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/16 "2021-07-23T09:26:23Z")

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> [@slawa](#):
>
> After getting APRC I went to Taipei to get OWP

You shouldn’t have to do that. I know many APRC holders with a ROC spouse that don’t have it because it is not needed.

Even when converting to TARC, if your APRC was based off work, you still need the stupid OWP but if your APRC was based off marriage it says right on the TARC that you do not require a work permit.

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<div class="post-metadata">

**Author:** ![slawa](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/slawa/32/112823_2.png) [@slawa](https://tw.forumosa.com/u/slawa)\
**Post date:** [July 23, 2021, 9:27am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/17 "2021-07-23T09:27:43Z")

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It is easier to show OWP than to prove marriage for me.  
APRC does not have marriage information unlike marriage based ARC.

Not like anyone ever wanted to see my OWP 😆

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<div class="post-metadata">

**Author:** ![frank\_hnd](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/frank_hnd/32/125285_2.png) [@frank\_hnd](https://tw.forumosa.com/u/frank_hnd)\
**Post date:** [July 23, 2021, 9:28am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/18 "2021-07-23T09:28:48Z")

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> [@slawa](#):
>
> It is easier to show OWP than to prove marriage for me.

Maybe so, I don’t even know why they gave you one.  
Yet, here I am, officially a Taiwanese national but I need the OWP…

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<div class="post-metadata">

**Author:** ![slawa](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/slawa/32/112823_2.png) [@slawa](https://tw.forumosa.com/u/slawa)\
**Post date:** [July 23, 2021, 9:29am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/19 "2021-07-23T09:29:57Z")

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> [@frank\_hnd](#):
>
> Maybe so, I don’t even know why they gave you one.

I don’t think they check what type of APRC you have. They just issue the OWP. 🤷‍♂️

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<div class="post-metadata">

**Author:** ![tando](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/t/6f9a4e/32.png) [@tando](https://tw.forumosa.com/u/tando)\
**Post date:** [July 23, 2021, 9:36am UTC](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121/20 "2021-07-23T09:36:55Z")

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> [@slawa](#):
>
> I don’t think they check what type of APRC you have. They just issue the OWP.

Many married APRC holders apply for OWP for convenience, but at least one poster said refused.

[Next page](https://tw.forumosa.com/t/need-an-open-work-permit-if-possessing-an-aprc/210121.md?page=2)
