New legislation- TARC still needed for NWOHR?

What are the other category of TARC holders? Do these categories apply 1:1 with the AF reasons in this list?

A lot of confusing overlap in terminology here

I thought NWHOR == born overseas to a parent with HHR, are they not the same thing? How else can you be a NWHOR?

Thank you as always for your informative posts. I am not sure if I understand the above. Please allow me to confirm what you mean, using the example of my case.

In my case, my father had HHR, he moved overseas, then I assume his HHR became “inactive” or moved-out status, then I was born overseas, then my father died.

My plan is first to apply for an NWOHR passport and receive it.

After that, sometime later (after the new law comes into effect), I plan to visit Taiwan and apply for HHR.

Question 1. In my case, after the new law comes into effect, will I need a TARC to apply for HHR? My understanding is no, I will not need a TARC. Right?

Question 2. Will I need an entry/exit permit for my NWOHR passport?

Question 3. You said, “if they want to reside without hhr, they still need a tarc.” In this case, who is “they”? What kind of people “still need a TARC”? Are you talking about NWOHRs whose parents did not have HHR?

I understand that your statement is true for the current law.

But after the new law comes into effect, if you were born overseas (to a Taiwanese parent with HHR), and adult, then you will qualify for immediate HHR application after arriving in Taiwan on an NWOHR passport. Is my understanding correct for the new law?

I think I qualify under the new law. But for now I am not yet ready to live in Taiwan and register HHR (and also the new law is not yet in effect). Therefore, I plan to get an NWOHR passport first (even though I qualify) because I cannot yet apply for HHR while I am living outside of Taiwan. Is it correct that there is no problem to first get the NWOHR passport, then later apply for HHR after the new law passes and when I am ready to live in Taiwan?

we are talking on few related but different things mixed.

  1. at this moment everyone on a NWOHR passport needs an entry exit permit to enter Taiwan. it will be basically exempted under the new law. this is kind of visitor visa or visa exempt.

  2. every nwohr needs a tarc to reside in taiwan for long period without applying for hhr is the same under the new law.

  3. the new law allowes a nwohr to register their hhr without living in taiwan for a year or so, if you had at least a parent with hhr when you weere born.
    you are in this category

  4. if a nwohr in the above category was born in taiwan or a minor, a nwohr passport is not a mandatory, if they have a foreign passport. they can come on a foreign passport, and apply for hhr with required documents.

  5. if a nwohr in the above category is an adult born overseas, they need to come on a nwohr passport. your case.

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OK, now this gets a little confusing/interesting.

Here is my idea of how this would work in practice.

  1. According to point “b” above, I need to enter on an NWOHR passport.
  2. I arrive in Taiwan, but still NWOHR status.
  3. While still under NWOHR status, I rent an apartment and sign a 6-month or 1-year contract.
  4. Under the new law, I can apply immediately for HHR. As the HHR address, I use my rental apartment address.
  5. I guess that approval of this application will take time (one day? one week? one month?). Before the application is approved, I am still in NWOHR status.

The only tricky part is when you said “every nwohr needs a tarc to reside in taiwan for long period without applying for hhr is the same under the new law.” The problem is: in order to apply for HHR, you need an address. In order to get an address, you need to sign a rental contract with the apartment. By signing the rental contract, you are now kind of living in Taiwan – but still without HHR, and without a TARC. So the question is: is it allowed for an NWOHR (qualifying under the new law for immediate HHR application) to sign a rental contract before you have HHR and without a TARC?

In case this is allowed, then no problem, my plan as above would work.

In case this is not allowed, then this would mean that you need to apply for a TARC before signing the rental contract. But then the change (with the new law) is that you can apply for HHR immediately, without waiting 1 year on the TARC as previously.

So what do you think? Is a TARC needed in the above case? If yes, then the order of steps would look like this:

  1. According to point “b” above, I need to enter on an NWOHR passport.
  2. I arrive in Taiwan, but still NWOHR status.
  3. While still under NWOHR status, I apply for a TARC.
  4. After receiving the TARC, I rent an apartment and sign a 6-month or 1-year contract.
  5. Under the new law, I can apply immediately for HHR. As the HHR address, I use my rental apartment address.
  6. I guess that approval of this application will take time (one day? one week? one month?). Before the application is approved, I am still in NWOHR status with TARC.

yes. no problem. reside for long, i mean staying for more than 6 months without leaving. entry permit allows you just 3 months and one time extension for another 3 months. for more than that, you need a kind of visa run, if you don’t have a tarc, but it’s not a problem to apply for hhr.

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Great. So to summarize, if a qualifying NWOHR (qualifying under the new law to apply for HHR) arrives in Taiwan on the NWOHR passport, rents an apartment (or otherwise arranges a living address), and immediately applies for HHR at the apartment address or living address, and if all of this is finished within 3 months (+1 possible 3 month extension), then the NWOHR does not need a TARC in this case, correct?

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if you were born overseas to a parent with HHR, you are a NWOHR

if you were born overseas to a parent without HHR, so your parent is a NWOHR, you are also a NWOHR.

if you were born in Taiwan without your birth registered, you are also a NWOHR.

Yes. The new law only applies to AF353 (EDIT: and AF384), allowing everyone in that category to receive HHR without a one-year stay on a TARC.

See the list of reasons you linked. All of those categories are different ways someone can be a TARC holder, and out of those reasons are a few different categories someone might be a NWOHR. (edited)

I think it applies to AF 384 also.

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they are reasons to get tarc. you don’t need any reasons to be a nwohr. you just need a parent with roc nationality, and documents to prove it if you want to be recognized so by roc government.

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this looks like mine with Italy basically, my procedure was:

  1. had to go to HK and get a HK certificate of no marriage record since I was living there and registered with the Italy consulate there, that certificate had to be apostilled at the HK high court, then submitted to Italian consulate in HK
  2. Italian consulate in HK issued the clearance for the Italian “consulate” here in Taipei to issue my certificate of Single status
  3. brought the certificate of single status (already nicely written in Italian and Chinese by the consulate itself) to the BOCA to get it attested
  4. submitted to the HHRO for marriage registration

Then to register the marriage also at the Italian HHRO:

  1. Had to notarise at a specially appointed public notary the English certificate of marriage issued by the HHRO
  2. That allowed me to skip the attestation at BOCA, so went straight to the Italian consulate and submitted the document together with copies of my and my wife’s passport

I now have a bit of a different question, but still related to the HHR procedures for NWOHRs. My question is about registering marriage in Taiwan.

I’m currently married with my marriage registered in my current country of residence. When I eventually apply for HHR in Taiwan for the first time (sometime after the new law comes into effect), probably I will live by myself in Taiwan for a few months, then after establishing HHR, return back to my current country to continue work and life outside of Taiwan for some years more. The purpose would be to establish HHR in order to make it possible to later move to or retire to Taiwan.

In this situation, when I first register for HHR in Taiwan, I will be living in Taiwan by myself, but still married to a non-Taiwanese who does not live in Taiwan and who will not live in Taiwan for the foreseeable future. Do I need to somehow register my marriage in Taiwan?

  1. You do not need to make a special trip here just for the purpose of registering your HHR unless you have other reasons to. You can just do it when you’re ready to move here to retire.

  2. You don’t need to register your marriage in Taiwan unless you have tax incentives to do so if you plan to work here, especially if your spouse won’t be living here. Still, you may do so if you wish, in which case your foreign spouse will appear as a footnote in your household registration, and on the back of your ID.

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Thanks for the reminder; this is true, assuming that the law does not change and that HHR in the future (for qualifying NWOHRs) can still be applied for immediately after arrival in Taiwan without the previous 1-year wait.

However, if we consider a pessimistic scenario, then it’s conceivable that in the future, the laws will change that might again make it more difficult for me to establish HHR – if, for example, they later change the law and again require 1-year residency before HHR can be applied for, or if they add additional restrictions on the HHR applications for NWOHRs (for example, some kind of quota or maximum number of applications per year, or something).

On that topic, what is a good way to stay informed about proposed changes to these immigration laws in the future?

I found an interesting post here on the forum where apparently a hotel address could be used to register for an ARC by obtaining a certificate of domiciliation 住宿證明.

Now, this is a different case because this is the address for ARC, not the address for HHR.

For the address used for HHR, do you think a certificate of domiciliation 住宿證明 from a hotel would also be enough for establishing HHR for the first time?

I guess the actual order of application would be:

  1. Apply for 定居證 at NIA.
  2. After receiving 定居證, apply for HHR at HHR office.

And when applying for 定居證 at NIA, they require a “rental agreement bearing the address”, so the question is if 住宿證明 from a hotel counts as a “rental agreement bearing the address” for the purposes of receiving the 定居證 from the NIA.

內政部107.3.12台內戶字第1070407632號
因現代社會人民生活及居住態樣多元,遷徙態樣並不以遷入住宅為限,按本部「遷徙提證文件彙整表」業歸納各類單獨立戶遷徙態樣,及遷入他人戶內應提證文件。據該彙整表遷徙態樣(五)遷入工廠、商店、寺廟、機關、學校、其他公共處所者,應提憑戶長或主持人或管理人之同意書辦理。 … 因旅館、飯店係為發展觀光產業,提供旅客食宿之便利服務,雖與一般居住家宅之普通住戶有異,惟考量現今居住態樣多元,旅館、飯店亦為提供住宿之場所,且無住宿時間限制,倘民眾於該處居住達3個月以上,難謂不符上開戶籍法第17條第1項之遷入規定,爰得參照上揭遷徙態樣(五)提憑旅宿場所主持人或管理人之同意書辦理。

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I’m not sure if I am interpreting the text correctly through translation software, but it seems like it is saying that if you live with the owner’s permission for more than 3 months at a hotel, then you are required to register that hotel address as your HHR address. Did I understand that part right?

If that is right, then this means that a hotel address can, under certain circumstances, be used as the HHR address.

Then the next interesting question is: if you live less than 3 months at a hotel, are you still allowed to register that hotel address as your HHR address?

no. you are misreading. you need an agreement from the owner to use the address for hhr.

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OK, right, so basically the same as any other place.

According to reddit, the new law has passed and will be implemented by the beginning of next year, according to HHR and NIA officials in Taipei.

https://www.reddit.com/r/taiwan/comments/14kb2we/comment/k1tem2q/

Some encouraging quotes from reddit:


About the required documents:

I saw mention on that reddit thread a (criminal) “background check” from one’s home country might still be needed under the new law. That background check doesn’t seem to be needed for those under 20. The reddit thread said: “It appears you may still need to at least qualify for residency (TARC requirements like health check, background check), but that wasn’t 100% clear yet.”

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