Taiwan currently does not have any Law or regulation to grant visas to foreigners who have been victims of serious crimes for the purpose of attending legal proceedings. So if any foreigner gets raped, robbed, left on a wheelchair after an attack or else, this foreigner will not be able to seek justice in Taiwan´s courts unless the foreigner has an unrelated permit to be in Taiwan, and given the fact that court cases can take years, even that unrelated visa may not help the foreigner to attend court proceedings (court subpoenas, courtroom sessions, etc…). So visitors, visa holders and anyone without a permanent permit is at risk. This not only violates a basic human right (blocking legal venues), but it favors criminals attacking or hurting foreigners. Civilized countries have legal tools so that this cannot happen, as for example in the US a victim of a crime can get a green card (https://www.uscis.gov/green-card-for-a-victim-of-a-crime-u-nonimmigrant).
Taiwan lacks this reciprocity and therefore its Laws have violated in the past the very basic human right of being able to seek justice in the courts. This looks and it is very uncivilized and I have tried to change this before: first, and since Taiwan´s immigration does not have immigration judges, with immigration officers and their director without any positive result, then with the office of Taiwan´s current president without any solution, then with several legislators who never answered to my replies, with Taiwan´s bar association to see if they could forward this request to any organization without any reply and finally with some news organizations without any positive action. In all I could at least get a break in all of this after Taiwan´s Ministry of Justice heard about this case and recommended last year to change the Law “to protect the interests of foreigners who have been victims of serious crimes” (please see attached document if you can read or translate Chinese). I sent this recommendation to all of the mentioned above people, organizations and companies without hearing anything back from them and it has already been 9 months, so I take this as a rejection to correct the wrong.
If anyone can offer a suggestion about how to proceed in this legal and righteous quest or has any idea, please share it, it may end up helping all of us, including you, a family member or a friend.
Did you visit any legislators in person? Just wondering but do you have any specific examples of cases?
a related document
院總第1684號 委員提案第18912號
I sent physical letters and emails. Same as with everyone else except with immigration that I of course attended in person (I emailed their director though). You will not find in their rules and regulations (immigration) anything to help foreigners who have been victims of crimes to stay to attend court proceedings. They know that the don´t have it and they don´t care. On my first visit to immigration I was asked to leave all documentation there (to silence me) while at the same time reminded of how good is that a human is talking nicely to me. On my next visits after I got the first win in the court rooms I was met with bad faces (except for one officer who said that she was sorry that they did not have any regulation for the permit that I needed and who suggested me to write to the office of the president). When the covid-19 started I was suggested to leave Taiwan and apply for a visa from outside. I was in the middle of appeal processes and if I would have left I would have lost. It was thanks to the general announcement to allow foreigners to remain due to covid-19 outbreaks that I was able to complete all court cases.
You could contact one/some/all of the lawmakers who proposed the above amendment.
If you have some help of legislators, NIA might give you a special visa based on a humanitarian reason or something.
NIA is a wall. They denied me at all levels for the reason that they don´t have any regulation for this (which they don´t). Asking help from the Ministry of Justice could be an option but they probably would tell me that they only can offer suggestions and that is what they have done. It is up to politicians and legislators to change the Law. I gave up on these as they don´t reply.
If you could go with a legislator (or with a letter/inquiry etc. from one), they might handle your case as a case-by-case one. That is how some people with unusual reasons like you got a visa. NIA can give a visa for valid unregulated reasons.
This is a very rough translation:
Subject: Taiwan side recommends fixing the law to protect victims of serious crime and their rights, our division has received to review, please check.
Explanation: Per Executive Yuan Secretary General 109Year (2020) 8Month 21Day, Yuan Law # 1090098710A sent to Presidential Office 109Year 8Month 19Day switchboard 3 # 1090063690 letter processing.
NIA knew all details well at the time and they refused to help. My cases are over, but I don´t want another person to be cut out of the legal system due to their lack of regulations for it. I was able to pay for 90 day visa waivers for 3 years. I doubt most other victims could have or will. So here is my quest.
Yes, with the same fact and information, they could give different responses if you could go with a legislator.
Hi. Please PM me.
I might have some info.
It seems to me that legislators act on behalf of voters and these care more about their stuff that about foreigners.
Unfortunately, this is a common situation in Taiwan. But sometimes it’s even worse than that as they exploit their office for their own gain.
Well yes. They are MPs with constituents. We’re not constituents.
What happens if you have been accused of a crime, are not allowed to leave the country and your visa runs out or is about to?
The person will be place on a no fly list.
Selfish policies.
I have gone through this as well. Was held hostage for nearly 4 years oit of fear of being deported. As much a i love taiwan, there are circumstances that incite rage. And i have met MANY foreigners in a very same situation!
I might know a professor at a university here whose research/experience could be helpful. If it’s okay with you, I can send her this thread and see what she says?
I’m interested too. Mind to share?
That would be great! It is ok with me.