I have a friend she is 57 years old already and she works sometime as a cleaner if there is somebody wants her service and through her compatriot also and she live with her compatriot friend’s house and one time we talk and i didnt know that she dont have work permit and overstay her entry permit and hold taiwan passport with no other nationality and she came to Taiwan in 2016 she said she like the overall working condition in Taiwan and she scared to ask any govt agencies about immigration status coz she might be deported and i told her i will help her to ask about what she wants to ask here and her questions are:
1)can she get deported by immigration authorities?and confiscate her passport?
2)how much if any penalties or fines she will paid for many years like 8 years she’s been here?
3)can she have any chance in the future to get a residency or citizenship?
4)or she can get banned from entering taiwan or if ever she get banned but how many years?
Where would they deport her to? You said she holds no other nationalities, right?
She dont have other nationalities but have permanent resident!
You may be able to speak with someone at immigration and ask them (not with her of course).
If she has no other nationalities, she does not need a work permit in Taiwan (although I can’t remember if you need a TARC for that to take effect). I think worst case, NIA instructs your friend to get a TARC, and probably gives her a fine for overstaying. If I remember correctly, only having NWOHR nationality is one of the acceptable ways to get a TARC.
I remember reading that Taiwan offers citizenship to people who are stateless, so if she really doesn’t have any nationality, then perhaps she can try that route. also I remember reading that there was some kind of amnesty extended towards people who have overstayed, but maybe that was only during COVID and I’m not sure if that amnesty is still being offered now.
There are special rules for stateless persons such as your friend. She should be able to obtain her TARC if she can prove that she is stateless.
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She is not stateless coz she have a permanent resident in other country but not citizen of that country
She dont have a citizen of that country but have permanent residency
PR and citizenship are different, you can be a PR and still stateless, look at all folks in HK with either only BNO and HK PR or no actual nationality, just HK PR, which is not a nationality.
you seem a bit confused on the definitions. So she can very well be stateless.
She isn’t stateless, she has ROC nationality.
you can be stateless and a permanent resident somewhere.
I think their are rules for NWOHR with no other nationality but I don’t know what those are
But, as you know full well, ROC nationality without HHR doesn’t not have right of abode, so it’s not really a citizenship per se, like BNO folks don’t have right of abode in the UK, but have in HK (but they r not necessarily PRC nationals)
Yes I know but it is definitely not stateless, being stateless would be a much bigger issue to deal with. She could still get residency and a TARC somehow. The ROC passport was presumably used for the permanent residency. The TARC doors wouldn’t be open to a stateless person
Not a great nationality without household registration for sure but a far cry from stateless
Also there is an ‘other’ category for ARC applications that don’t fit into any of the regular ways to get an ARC, used for refugees for example. And NIA has the decision making power to grant residency
Does the same apply for NWOHR who don’t fit into any TARC categories? This could be an option and she would have a good case
Yes I know, but I think the special rules I read applies to NWOHR persons who are otherwise stateless.
If they were 100% stateless then they wouldn’t be a NWOHR in the first place, and there wouldn’t be anything written about them in the laws for NWOHR obtaining residency.
In Brunei there are stateless people most often of Chinese descent. I’ve been stateless myself. Having no citizenship or PR or resident visa of any country. It’s an adventure to be sure.
Actually its not confusing if you say stateless meaning yung dont have any permanent resident or any other nationalities from other countries but i dont know about laws here in taiwan about nationality law but the important is you have a permanent resident in other country
I remembered the Aussie Citizenship 7 case had some interesting decisions on Nick Xenophon’s BOC nationality.
Actually i Wouldnt go to immigration either coz i dont want to get into trouble for that…coz they will wonder why im asking those questions!