New legislation- TARC still needed for NWOHR?

居住臺灣地區設有戶籍國民:指在臺灣地區設有戶籍,現在或原在臺灣地區居住之國民,且未依臺灣地區與大陸地區人民關係條例喪失臺灣地區人民身分。

my understandings are
現在臺灣地區居住之國民: whose hhr is with an address in Taiwan (you say active)
原在臺灣地區居住之國民: whose hhr was with an address in Taiwan but now is moved out of Taiwan (you say inactive)
居住臺灣地區設有戶籍國民: any national with roc hhr

Very interesting. For example, the following case would then qualify for HHR (without 1 year TARC residency) under the proposed new rules?

Example: Parent is national with ROC HHR (現在臺灣地區居住之國民 and 居住臺灣地區設有戶籍國民 status). Parent moves overseas for several years and HHR becomes “inactive” (原在臺灣地區居住之國民 status, but still also 居住臺灣地區設有戶籍國民 status). NWOHR child is then born overseas. Many years pass and finally, parent dies.

Then, the NWOHR child can (under the proposed new rules) apply for HHR without needing to stay 1 year in Taiwan under a TARC (because the parent still always had 居住臺灣地區設有戶籍國民 status even after moving out of Taiwan)?

In such a situation, for how long must the person return/stay in Taiwan for the HHR and NHI to remain “active”? For example, is one single day in a year enough, or is the required period (per year) in Taiwan longer?

I don’t think there’s a limit. You could come in, then leave in the next hour. I know my dad comes and stays for a few weeks then leaves, and that’s enough to maintain his HHR so he doesn’t lose pension or anything.

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It doesn’t become inactive. You’re still a full Taiwanese citizen with HHR. It just means you are not a current resident of Taiwan.

Yes. It doesn’t matter whether your parent’s HHR was “active” or not when you were born overseas (of course it wouldn’t be “active” if they were living overseas).

If your parent is Taiwanese, then they are forever Taiwanese even if they move to another country. That means their child is also Taiwanese no matter where they were born. You were already Taiwanese the moment you were born. Now you just need to prove it to the Taiwan government, to be officially recognized as such.

No need to live in Taiwan for a full year under proposed new law. The only problem you may face is gathering all the required documents since your parent has passed away.

Because the law is new, this may not yet be known, but: Assume you apply for HHR under the new law, but don’t live (yet) in Taiwan and spend most of the year living in a different country. Will this be allowed, or do you have to have some physical address in Taiwan to apply for HHR, like a rental apartment or other property?

If you don’t need to have a physical address in Taiwan to apply for HHR under the new law, then what address would be on your HHR? The address of the HHR office in Taiwan where you apply? I seem to recall reading here on the forum that that was permitted in exceptional cases (using the HHR office address as your HHR address) but that it was kind of frowned on. I wonder how it will work with the new law.

Yes. You don’t need to spend even one day in Taiwan before qualifying for HHR. That’s the whole point of the new law.

But once you qualify for HHR, if you want to actually apply for it then you must have a physical address.

yes, you need an address to register your hhr, though you don’t need actually to live there.

you can be added in someone’s hhr, or can establish your own hhr.

https://household.kcg.gov.tw/household/ServerQADetailC002100.aspx?Cond=02c44c6a-b1a9-42c2-a21e-45fdbdc93a2d

For some reason, the link won’t open for me right now and it times out. I will try again later.

For “establishing your own HHR”, in this other thread, there is some mention of using the HHR office address as your HHR address, with the doubt that this probably wouldn’t work for initial HHR registration. Do you have any idea about the possibility of using the HHR office address as your initial address for HHR registration?

how is this

https://www.ris.gov.tw/documents/html/2/3/4/394.html

no. it might be only possible if you were 黑戶(were born and have lived here without any registration) and need help of welfare.

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I could access this page.

I could access the other page you mentioned (https://household.kcg.gov.tw/household/ServerQADetailC002100.aspx?Cond=02c44c6a-b1a9-42c2-a21e-45fdbdc93a2d) not directly, but only by using the Google cache at 戶政 e 點通 - 高雄市戶政資訊服務網 . This page seems to be specific for Kaohsiung?

Comparing these two pages, their contents seem slightly different. The Kaohsiung page has a list of specific documents you need to provide to prove residency. I wonder of the Kaohsiung list of required documents is valid for all of Taiwan, or only Kaohsiung?

Anyway, the Kaohsiung page says, for example, that for proof of residency you can submit a notarized lease agreement:

A couple of questions:

  1. How hard (how much time and money) is it to get a lease contract notarized by a court or private notary? The above text says that without notarization, separate proof of ownership must be submitted, which implies that a notarized lease contract also serves as proof of ownership. This seems to further imply that notarization of the lease contract requires that the notary check the ownership, which I suppose might take time and money. Any ideas about how this process works, for notarizing a lease contract?

  2. (Speculation) Would a short-term lease contract – say, a month, or even a week – be sufficient for the initial HHR registration?

The reason for this line of inquiry is that I might want to live in Taiwan in the future, but not right now. To secure the right to live in Taiwan, I am trying to understand what is the quickest way to obtain HHR, then move out of Taiwan, with the intention to move back sometime later. Before the new proposed law, the required TARC-based residency in Taiwan was 1 year. The new law proposes to remove this requirement. If the requirement is truly removed, then it should be sufficient to rent a property for one week and live there, register that address as the HHR address, then leave Taiwan again.

Is this really true? The Kaohsiung page above says:

The above quote says you need to prove the fact of residence with documents like the lease agreement. On the other hand, it also says that if you cannot provide these documents, then you can still proceed, without such proof documents, after “verification” by the police or by the HHR office. Do you have any idea what this verification means?

Finally, another interesting option is mentioned on the Kaohsiung page: residing at a public place like a temple, shop, or school.

So if you obtain consent of the host, it seems that you can use this address of the public place for your initial HHR address. They specifically mention “shops” and “schools”. Maybe some Forumosan here, who owns their own “shop” or “school”, might be interested in offering this service for a reasonable fee – to consent to allow NWOHRs to “live” briefly at their shop or school (a public place) for the purposes of HHR registration?

right. how to notarize is here.
https://www.judicial.gov.tw/tw/cp-1654-2751-f6a88-1.html

if you can provide requested document, i guess so. but you still need a concent from the owner. if not, they could report you actually don’t live there.

yes, it is universal in taowan. in the other site, the list is given as a pdf file.
單獨立戶之證明文件

if you provide any of requested documents, they deem it as a proof of your residency.

it is more common that some “friend” allows you to “live” their place.

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Hm, that seems more complicated than I thought. Also, based on reading posts here on the forum, it seems that many landlords evade taxes and aren’t willing to provide the necessary documents to allow HHR at a rental apartment. I read that the law changed so that landlords must allow registering HHR at rental apartments, but I wonder if, in practice, many landlords still refuse. Any idea?

I think this corresponds to this case from the Kaohsiung web page:

Reviewing the Kaohsiung web page, it seems that in this case you must prepare these documents, assuming initial HHR registration for an NWOHR:

  1. 國民身分證正本: National ID card not required (because it does not yet exist for first-time HHR registration).
  2. 印章: Your own chop/seal/stamp.
  3. 戶口名簿: Household register for the address you are moving to.
  4. 房屋證明文件: Housing certification documents, which for the case of “free rental” from another person, means the “house ownership certificate” (房屋所有權狀).
  5. Your photo.
  6. Processing fee.

Therefore, in my understanding, the house owner only needs to prepare items #3 and #4 above. My understanding/guess is that for #3 (household register), the owner needs to go to the HHR office to print a copy, and for #4, the house owner will always have this original house ownership certificate as the original document proving ownership of the house. Correct?

After successful registration into this HHR, then what additional obligations or burdens are incurred for the house owner because of the newly-registered person? Does it change taxes in any way? Does it cause additional paperwork burden for the house owner? Will the HHR office send any postal mail (for the newly-registered person) to this address? What happens if the newly-registered person leaves Taiwan, and after two years the HHR office does the “moving out” procedure for the newly-registered person? Does this “moving out” procedure require any action by the house owner?

I’m trying to understand exactly how much of a burden is caused when you request a friend to allow you to register your HHR at their address.

You need to either own the house or have permission from the house owner to register hhr. This is because you need documents only owners will have, namely the property tax receipt for the past year on the address.

You can register at a rental, however most landlords won’t let you because they’re evading taxes, and a rental agreement isn’t enough to register hhr unless the rental agreement is court notarized.

Note this isn’t the same as address for your arc or aprc. That’s not hhr so the rule is different.

Legally landlord must allow you to register hhr but in practice they don’t. The hhr office can force the issue but you’ll get evicted if you do (not evicted per SE but they just raise the rent to absurd heights to get rid of you).

You don’t technically need their permission. Technically they are legally required to provide you with what you need to register. But as you said, most landlords like to evade taxes so they don’t provide contracts. (Which, BTW, is crazy to me. Why would anyone rent an apartment without a legal and enforceable contract? Without a contract they could kick you out at any time.)

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You do have contracts. But for hhr office those pre made contracts you buy aren’t good enough. You have to take it to a court house and get it notarized there before the hhr office will accept them. This puts landlords on the hook for taxes.

Are those unnotorized contracts legally binding and enforceable if they are not notarized by the courts? If so, then shouldn’t an unnotorized contract be enough evidence (since it’s a legal contract) for the government to make the landlord pay taxes on rental income? What I mean is, why does the government only ask for rental taxes if the contract is notorized?

I have no idea honestly, I mean if say a landlord is suing you for unpaid rent at the courts then these contracts would be evidence, but I do not know why hhr office specifically wants notarized contracts.

From reading this it protects both landlords and tenants. With a notarized lease landlord can evict you if you fail to pay rent and they won’t have to sue. It protects tenants since it stops some squatter from renting out properties without the landlords consent.

I think they don’t like it because it’s an extra step and they have to pay taxes on the rent.

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one of [the many] issues here is there is still essentially no tenant protection here. Yes, it is the law tr landlords must allow HR. reality is much different. it is far too easy to get around the laws because they know no one can afford to buy real estate after the Chinese came and the bubble bubbled again. and again.
landlords can.essily influence not renting to people. there is very little enforceen. and the laws are so back shelf rarely people know about them.

an even bigger issue in taiwan, compared to some western mindsets perhaps, is the societal issues. burning bridges and making enemies comes at a cost here. you need to be pretty friggen careful. especially if you have something to lose, like say a business or a reputation. or skeletons in the closet. or fmaily members with any of the former. never underestimate jealousy nor vengeance in Taiwan. its a real thing, and this thing literally instills a deep fear in people to the point it even comes across as a “no duh” kind of thing in society.that we can complain about over food or drinks but make no real waves about. one may call it paranoia ,except it is actually real and thus justified.

part of the game. But, if a foreigner with no real connections to here (ie family or business) makes a fuss, it can be fun. make them pay and suffer. just move ship with no real significant life altering retaliations.

people are weird.

buy a house, avoid the headaches.

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