The spouse and any underage children of any alien whose application for permanent residency is approved based upon investment immigration, may also apply for permanent residency.
If you are a minor, U20, there are restrictions even if you can get an open work permit.
If you are over 18 and under 20, the restriction may be just a permit/consent of parents.
So I looked up those exemptions in the article, and that created more questions. The first:
Paragraphs 1 and 3 of Article 46
Text of Article 46
I think paragraph 1 is the list of jobs, and paragraph 3 is the last paragraph, so what restriction does paragraph 2 still place? If a job requires that a foreigner have 2 years of experience, does that still apply? Am I misunderstanding paragraphs?
Does having an open work permit exempt me from all of the Employment Service Act?
basically, yes. The restrictions on foreigners are mostly related to getting a work permit, and by holding your own permit, you are exempted most of the restrictions, if not all, I believe.
I didnât realize that after 5 years of employment, foreigners (employers) are exempted from the restriction of job categories. Employers still need to get a work permit, so Iâm not sure how it works, though.
Thanks to this useful info I just obtained my open work permit, cheers! Walked in at about 8:35 handed over the papers and was asked to come back at 9:30 to pick it up, very smooth and no problems.
I have an APRC and OWP but havenât returned to Taiwan in a bit more than 2 years. My company is going to send me to Taipei to work at our branch office soon. HR at our Taipei office checked to make sure that both were still valid. The Immigration Agency said the APRC is still valid - as expected - but the Workforce Development Agency of the Ministry of Labor said the OWP is not and that I need to apply for a new one. Does that sound accurate? Anyone have a similar experience? Thanks.
I applied for my Open Work Permit immediately after receiving my APRC back in the day.
The APRC and the OWP do not expire.
However, you have to get new ones re-issued every time your passport expires because you get a new passport with a different passport number.
So, every time my passport expired and I got a new one, I would then go to the NIA to apply for a new APRC which reflected the new passport number. Then, I would go to get a new OWP issued based on my new passport number and corresponding APRC. Thatâs it.
In my opinion, there is no reason for you to be told that your OWP is not valid.
Questions:
Have you had to renew your passport since the time you received your APRC and hopefully applied for and received your OWP?
Does your APRC have your current valid passport number on it?
You do have an actual paper OWP in your hand, right? Does the OWP have your current valid passport number on it?
If your APRC and your OWP all have the same current valid passport number on them, you should be good to go.
The Workforce Development Agency shouldnât know whether or not your OWP is currently valid or not. The only way they could suggest that your OWP is no longer valid is if they know your passport number has changed and therefore the passport numbers no longer match. But, how would they know that?
Questions: As for being out of Taiwan for over two years.
Have you applied for an extended leave, so you donât lose your APRC status?
Did you obtain your APRC through marriage or employment?
I believe that acquisition of APRC through employment affords you 5 years of absence without requesting a leave, whereas acquisition of APRC through marriage does require applying for a leave of absence.
I think someone who didnât know what they were talking about gave you the normal Taiwanese 塎ä¸ĺ¤ response.
Thanks, Malcolm. I did the same, back in the day, and agree with your assessment; it does seem odd.
Though, the BEVT is part of the WDA (Workforce Development Agency) and both are part of the Ministry of Labor, so they would know whether a work permit was valid or not.
As to the APRC, the NIA, told us the same - because my APRC was through employment, that it is still valid and if I had gotten it through marriage that it would not be.
After we left Taiwan, we continued to pay Labor Insurance and National Health Insurance each month. Because my wife and kids (ROC citizens) have both been outside of Taiwan for more than two years now, they and, thus, I have been removed from the household registration in Taiwan and therefore that money for the Labor and National Health Insurances has not been automatically deducted from our account in Taiwan. I wonder if because the Labor Insurance was no longer being paid that some process might have triggered something about my work permit status. Anyway, hopefully, it will just require another hour or so visit to the BEVT to get things straightened out once I arrive in Taiwan and get through quarantine.
Well, I believe that getting your APRC through employment affords the holder to be absent from Taiwan for up to 5 years without needing to request permission. If my memory serves me correctly that is. Beyond the five years and you need to request additional absence or risk losing the APRC. But, for APRC obtained through marriage, like me, you have to request a leave of absence for up to 2 years at a time in order to maintain the APRC. You can also renew for another block of 2 years before the original request expires. I had to do this when I returned to the US to take care of my ailing father.
Oh shit. I forgot about that. So, your wife never came back even once during your absence and got removed from HHR even though youâve been paying the insurances? That blows.
Getting a new OWP is a piece of cake. If you go in the morning, sometimes they will process it for you in 30 minutes or less. Otherwise, drop the application off in the late morning, go have lunch or hang out in a grandpa tea shop until 13:00 and then pick it up. Easy.
Since October 2021 there is no legal need to apply for a OWP once you get APRC as a Foreign Professional. It was one of the amendments made to the Recruitment and Employment of Foreign Professionals Act.
Though with that being said, the APRC looks the same no matter how you obtained it. So if an employer asks for proof that you can work, showing an OWP card may be the best way to prove it.
Itâs a good start. However, the easiest way to solve this problem has always been to simply have the APRCs with red bold print on them that states that the individual has unrestricted work rights just like the JFRV ARC.
But that would just make too much sense!
âTaiwan! We pride ourselves in half-assing EVERYTHING!â
Okay so my APRC number got updated a while back (they changed to new format), never bothered to update my OWP. Thinking about doing it now as have a few days free. Do i just go to the office mentioned above along with my APRC or do i need to do the whole process again? Thanks
