No interest in staying, just need need an ID# for estate planning. Best action?

Legal Dual Nationality
1

I know my questions probably have been asked before, but the most relevant thread still didn’t adequately answer my question since OOP sounded like he didn’t mind staying to get NHI.

Long story short, I wish I was making this up. My aunt defrauded her own 90+ year old mother (my grandma) AND my mom, so my mom wants to ensure the Taiwanese government knows I’m the next of kin so that my aunt does NOT inherit ANYTHING, otherwise neither of us really care if I’m a Taiwanese citizen/immigrant/etc. otherwise.

Since there are certain years where different laws apply: My mom came to the US in late 1984, married my dad in 02/1985, I was born 12/1985, and I’m currently 37. I lived in Taiwan from 03/1993~10/1997 and even attended school and have a transcript/學籍, but my mom didn’t claim my citizenship back then due to confusion about whether she was divorced or legally separated (doesn’t make sense but whatever), and back then I somehow was able to stay almost continuously on some sort of visa (she doesn’t remember which one, and I lost that passport).

I did have an NHI card, but no other document that solidifies my status that she knows of. The NHI card does have 居 and a 6-digit number (居xxxxxx); the NIA officer confirmed that I was in their system, but didn’t even want to answer whether or not it’ll count as anything until I came back to the NIA with a Taiwanese passport in hand :man_shrugging:.

With the above in mind, I’m very well established in the US; I’m not trying to leech anything, nor do I really care if I get the fringe benefits of Taiwanese citizenship or not.

With the preceding in mind: Again, my purpose for citizenship or even just the equivalent of a green card is just to prevent my mom from being taken advantage of, and to have an ID# or equivalent to reference back to.

  1. Does the fact that I went to school there for 4.5 years count towards the residency period at all?

  2. If that doesn’t work, what is my best course of action aside from having to stay in Taiwan? Can I just apply for an ARC/TARC and leave without consequences? I know the intent is to get it AND THEN stay X amount of days over Y years, but I plan to maybe stay a month tops solely to take care of the basics, and the most I’d do is just occasionally visit during vacation every couple of years for a couple of weeks or so.

Thank you!

2

Is it to prevent the possibility of your aunt inheriting your mom’s estate when she passes? You don’t have to have an ID# or even be a citizen of the ROC to inherit your mother’s estate.

http://www.taipeiata.org/en/book_detail/79

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if you want to get an ID, they just ammended the Immigration Act to allow children of ROC citizens get hukou without staying for a year.

if it includes some farm land, you may need to be a national to keep it, iirc.

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Really? The Focus Taiwan news article I read last week about the new immigration act seemed to indicate that this part was scrapped:

Rules allowing overseas nationals to obtain household registration by being legally and continuously resident in Taiwan for one full year, or more than 270 days a year for at least two years, remain unchanged.

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it just mentions that the 7 years with more than 183 day stay among three kinds of certain periods in the current rule are shortened to 5 years.

There is an exception with regard to the overseas-born nationals with at least a parent being an ROC citizen at their birth time. it is mentioned in Chinese version of the article, but seems to be omitted in the English version.

另對於海外出生的子女持護照入國，也取消申請定居的年齡限制。

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I have a friend currently in Taiwan on a TARC, waiting for the one-year period to end so that they can get their household registration and ID. Does this mean they can go get it done today?

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After the Legislative Yuan has completed its third reading, will it take effect immediately? Or what procedures still have to go through before it can take effect? How long will it take to take effect?

After the legislative bill is passed by the Legislative Yuan, it should still be transferred to the President and the Executive Yuan, and it can only take effect after being promulgated by the President.
The laws passed in the third reading shall be sent to the President and the Executive Yuan in accordance with the provisions of the Constitution after the contents of the articles have been checked and corrected. If the Executive Yuan does not propose a review, the President shall announce it within 10 days of receipt. However, the law does not take effect immediately after being promulgated by the President. According to Article 13 of the Central Regulations and Standards Act, if the law is clearly stipulated to be effective from the date of promulgation or promulgation, it will take effect from the date of promulgation or promulgation to the third day. In addition, Article 14 of the same law stipulates that if a regulation has a specific date of implementation, or if the date of implementation is specified by order, it will take effect from the specific date. Once the law takes effect, all citizens must abide by it.

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I see. If my memory serves me well, the new immigration law does not seem to contain any specific clauses on which date it should take effect. If that’s the case, then how is the date decided? (Assuming everything successfully passes the President and Executive Yuan).

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Article 97
The effective date of the Act shall be decided by the Executive Yuan.

they might need to change some related laws.

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If it can be waived with the new legislation, then that’s amazing! I was worried that I’d have to quit a very good job, sell my car that I just paid off, make arrangements about my property, and so on.

We’ll see though; I just barely sent the last batch of documents TECO wanted yesterday, I’m still waiting on my mom to notarize an affidavit they wanted her to fill out, and my next work vacation is in September, so I got some time to figure all this out.

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Yes, exactly the intent; my mom even said「我連掉在地上的一塊錢銅板都不要她撿！」(“I don’t want her to even pick up a dollar coin that fell onto the floor!”).

If my aunt was an honest, generous person, when the inevitable happens she’d properly notify me and split my mom’s belongings fairly and equally per my mom’s will or even to the letter of intestacy laws, and although it’s harder to inherit things without ROC papers, it’s not impossible.

However, like I said, given how she proven herself to be selfish and heartless enough to embezzle from my mom’s restaurant, scam her own mother out of a $14M TWD condo, throw her into a horribly negligent retirement home, and go incognito for 7 years and counting, there’s no telling what else my aunt would do when the day comes, especially since I’m very sure she doesn’t have my updated contact info since I moved out of Los Angeles and changed numbers 4 years ago (3 years after her disappearing act), but my mom and I are both thinking that she’d just rip the will to shreds and keep everything. At this point it’s not about the money, but about the principle.

Nah, a condo in New Taipei that I probably might sell. She’s recommending for me to rent it out, but I’m on the other side of the globe.

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is your mom in TW?
if not, why not just transfer any assets to the USA (in her name) and avoid any problems on the TW side.

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It’s also a thought, I suppose… But that’ll only complicate things when it’s her time for urban renewal too; there’s been news about knocking her 4-story apartment down and building a high rise in place.

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if the issue is getting assets out of your aunt’s reach, best is to either put them in your name , or get them out of TW while your mom is still alive…you will preempt any foul play ftom your aunt.

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OK, I’m coming to terms with the fact that I’m staying a year.

However, has anybody successfully applied for an ARC if their father passed away and don’t have a photo ID available, and/or don’t have their parents’ divorce decree?

The photo ID is the catch-22 that’s preventing me from authenticating my dad’s death certificate, and I’m having to contact 3 different county courts for my parents’ divorce decree and haven’t heard back from them yet. I don’t want to have to play with my turds a second time (stool samples are nasty AF; health exam results are only good for 3 months), and I don’t wish to deplete my savings or become a burden on my mom staying here.