Open work permit if on Work ARC + married to ROC national?

I’m on a work ARC and have a work permit, both through my employer, a tech company.

I got married to an ROC national with household registration in the ROC.

Something I didn’t find the answer to: Do I now automatically have an open work permit, eg. I can now take side jobs etc.? Or can I (or my employer) apply for such a permit? Or is the open work permit through marriage only available when on a marriage ARC?

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you need to swap to a marry-base ARC. They put in the marry-base ARC: “don’t need a work permit to work in Taiwan” o something like that

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Thanks for the reply.

My question is specifically for staying on the work ARC, though. In that context, your reply reads like “nope, being married dies not influence your need for work permits, unless you’re on a marriage ARC”

I also have wanted to know about it, and sent an inquiry to NIA or WDA, but didn’t get a very clear reply.

Just for clarification, it may be open work “right”, rather than open work “permit”. Spouses of ROC citizens don’t need work “permit”, when they are on valid (marriage-based only?) ARC.

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As I understand it, from a visa-perspective you are still on a work-based ARC and that does not have open work rights.

Being married doesn’t change that unless you convert to a marriage-based ARC, though if you do so and your aim is to get an APRC sometime in the future, you will not qualify for the “once every 5 years” clause to maintain the APRC.

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OLM, a long-term forumosian, has not applied for an APRC yet ?
I am curios, why not ?

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I guess you need to get another ARC. Swap it, but maybe you need to get some documents to get it.

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Haha thanks for asking! Basically, I was not in Taiwan continuously. So unfortunately I don’t yet have the required 5 years of continuous residency.

If he marriage life is stable and teusting it would make more sense to switch. It also makes employment a bit more on equal terms if they ever decide to play games with you. And marriage open work rights are pretty much open. You can even get in on local stuff like farmers association health care, or government “bribes” (subsidies) etc if you are jfrv.

Nit for everyone but there are advantages to some people people for jfrv over work permit. I actually lost rights going from jfrv to aprc as im in agriculture and forestry. While married i was allowed the work rights of the spouse (who was registered in the industry). Upon changing i lost those rights as my visa changed to independant. So there are advantages to each visa type. Not being tied to an employer is really nice though. But only if your spouse treats you well :wink:

This seems like a question for NIA with a written answer as per open work rights while on a work permit. Seems unlikely but maybe special permissions are allowed?

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This thread talked on the same topic.

Their answer is not very clear, but they say if foreign spouses have residence permit, they have work right.

“Their answer is not very clear, but they say if foreign spouses have residence permit, they have work right.”

Perhaps another interpretation is

“They have open work rights but not the same rights as a national to open work channels”

Probably JFRV is the most open working rights visa people holding other nationalities can hope for, but there are still some restrictions. Such as protected industries that only locals are allowed in (meaning opening companies in such sectors).

Spouses have far better work rights than most others. Perhaps the “open” work permit terminology is kind of misleading.

Then again seems every change of government has different ideas. The most productive workforce is the one that can make $, has hope but is always kept in limbo. Given that, strange how cold taiean is to foreign workers…surely, most innovative companies here understand that concept. Problem is with the word innovative.

:frowning:

The red print on the spousal-based ARC actually says that a work permit is not required. So it’s even more simple than having an open work permit ( à la APRC): we don’t even NEED one.

And the point of my recent post is, if you are a spouse of a citizen, and have an APRC, you have a work right so having an open work permit is not a legal requirement, though the red characters are not printed on your APRC.

If foreign spouses are on work based ARC or student ARC, i think their reply indicate they have work right too, though it is not crystal clear.

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I think it’s clear enough for any half-competent judge to understand, if push comes to shove.

correction.
they are not included, iiuc.

Enforcement Rules of Employment Service Law
Article 9-1

The circumstances as referred to in Subparagraph 2 of Paragraph 1 of Article 48 of the Act include those to whom the competent authorities in charge of the entry and exitadministrative authority issue residence permits in accordance with Subparagraph 1 of Paragraph 1 of Article 23 of the Immigration Act, permanent residence permit in accordance with Article 25 of the same Act or extended residence permit in accordance with Subparagraph 1 to Subparagraph 5 of Paragraph 4 of Article 31 of the same Act.

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Fascinating!