Permanent A.R.C. thingies?

LOL. True. My bad.

Change “obvious” to “demostrable”.

No.[/quote]

I wouldn’t make that such an equivocal no. I have come across statutes that say that a JFRV based ARC can be maintained and renewed after the death of a spouse and one of the mitigating cases they mention is when there is a minor dependent that is a Taiwanese national.

Edit: Here’s the link I was thinking of: 210.241.79.3/enfront/faq.php?tr_ … ge=faq.php
Actually, it says in another spot that a divorced parent can continue to maintain JFRV status, as well, in the case that they have obtained legal guardianship of the child.

[quote=“Josefus”]And is it really “permanent”?
I thought it was just for 10 years.[/quote]

My understanding is that it is the card has to be replaced every 10 years.

I stayed here for 5 years consecutively for 6 years and then accidentally overstayed. Since the law has been amended to 5 years, am I eligible as regards my first 5 years here?

The rule is to have maintained residence (under a legal ARC, work or marriage based) consistently over 5 years, in which you must have physically been present on the island at least 183 days in each of those years. One of the things they actually do in that preliminary interview I mentioned is print up your exits and entries from their database and count the days that you were here during the period in question.

Dunno, give the NIA a call and find out if you qualify.

Double post. :blush:

Thanks for your help.

I think the kicker that you mentioned is “to have maintained residence (under a legal ARC, work or marriage based) consistently over 5 years”. I’ve for sure got the 183 days thing covered but technically I wasn’t legal for a period of 10 days.

I guess I’ll go for one of the interviews that you suggested. Really kind of deflated now because I overstayed during my 4th year…looks like I have to hit the reset button. :frowning:

[quote=“rocky raccoon”]I think the kicker that you mentioned is “to have maintained residence (under a legal ARC, work or marriage based) consistently over 5 years”. I’ve for sure got the 183 days thing covered but technically I wasn’t legal for a period of 10 days.
[/quote]

Yeah, I think the exact language they use is “legally resided”, which would obviously preclude an overstay…Give them a call anyway; I’ve seen lots stranger things in my time here than lack of consistency in how rules are interpreted or applied from agency to agency. Good luck.

Unless your ARC is based on marriage. You can even work at the 7/11 if you want to

Dunno, give the NIA a call and find out if you qualify.[/quote]

jimipresley, I don’t think an overstay should necessarily disqualify you, if it was only a short overstay, and especially if it did not occur during the 5-year period, although the NIA may tell you otherwise on the phone. If it were me I don’t even think I would even raise this question with them (to avoid calling attention to the issue). I would just apply.

Setting aside the issue of the overstay, an applicant has a grace period of two years (counting from the end of the 5-year consecutive stay period) in which to apply. If you were here legally under an ARC for period of at least 5 consecutive years, and the end of that consecutive period was no longer than 2 years before the date you file your application, I believe you should be eligible to apply.

(In other words, if those 5 or 6 years consecutive years before your overstay ended less than two years ago then you should be eligible to apply, but the clock is ticking, and remember that it takes a while to get all the documents together to file. On the other hand, if those 5 or 6 consecutive years ended longer than two years ago, you might even still be eligible if the overstay was a relatively short one and if you’ve had a valid ARC for more than six months in each year since the end of the previous consecutive period, but this would be more tricky to sell to the NIA.)

Unless your ARC is based on marriage. You can even work at the 7/11 if you want to[/quote]

What do you mean? If you have JFRV you can work anywhere…or not at all…

The rule is to have maintained residence (under a legal ARC, work or marriage based) consistently over 5 years, in which you must have physically been present on the island at least 183 days in each of those years. One of the things they actually do in that preliminary interview I mentioned is print up your exits and entries from their database and count the days that you were here during the period in question.[/quote]

I have it that with a JFRV you only need 3 years, not five. Although that could possibly just be for applying for citizenship and not an APRC.

Dunno, give the NIA a call and find out if you qualify.[/quote]

jimipresley, I don’t think an overstay should necessarily disqualify you, if it was only a short overstay, and especially if it did not occur during the 5-year period, although the NIA may tell you otherwise on the phone. If it were me I don’t even think I would even raise this question with them (to avoid calling attention to the issue). I would just apply.

Setting aside the issue of the overstay, an applicant has a grace period of two years (counting from the end of the 5-year consecutive stay period) in which to apply. If you were here legally under an ARC for period of at least 5 consecutive years, and the end of that consecutive period was no longer than 2 years before the date you file your application, I believe you should be eligible to apply.

(In other words, if those 5 or 6 years consecutive years before your overstay ended less than two years ago then you should be eligible to apply, but the clock is ticking, and remember that it takes a while to get all the documents together to file. On the other hand, if those 5 or 6 consecutive years ended longer than two years ago, you might even still be eligible if the overstay was a relatively short one and if you’ve had a valid ARC for more than six months in each year since the end of the previous consecutive period, but this would be more tricky to sell to the NIA.)[/quote]

Best thing is to go to your local NIA office and tell them you’d like to apply for an APRC and believe you qualify. Just ask them to check the computer. They have everything on computer and can check there and then if you qualify or not. Quick and easy and will let you know exactly what’s what.

Yes and no. This is probably a good way to start in most cases, and if they tell you that you’re qualified right off the bat, then you’re probably in like flint, which is great. The thing to keep in mind though is that there have been many cases of the authorities telling people that they are disqualified because of some technicality (e.g. an overstay, a “break” between ARCs), when such disqualification may have no actual basis, or a questionable basis, in the law. The result is that some people who are actually qualified under the law may have been discouraged by the initial oral rejection and thus let their rights sleep or even expire as a result of bad advice by the authorities. (There have already been many threads on precisely this topic, so I won’t elaborate here – those interested can search for relevant posts that have been contributed by me, Feiren, and citizen k, among others, in the past).

Exactly. The first step is that they will take your data and do a study based on your entry and exit record. Once that is given the OK, a case worker is assigned to you and you will have to deal with this person by making an appointment and bringing in the required paperwork. They will even hear your arguments in case of an initial “delay”.

It takes persistence, as with everything else here … :smiley:

And loads of patience.

Well, seeing as they have apparently lowered the work-based period by two years, this could be true. When I applied it was all still 5 and 7.

Sorry if it has been discussed to death already, but if you could sum up the advantages of PARC over JFRV in a paragraph or link me to the best thread for someone in my situation, that would be groovy.

My situation is that I qualify for both. My marriage is very stable, and my wife is very healthy. I might want to travel for extended periods of time (over 6 months a year?) after retirement. I have two kids in elementary school. Anything else that matters?

[quote]What do you mean? If you have JFRV you can work anywhere…or not at all…
[/quote]

You can work anywhere

I’m beginning to wonder why the option of a marriage based A.R.C. if you must leave immediately if your spouse dies and if you have been residing without making an official income. And an income higher than an average wage in order to qualify for a permanent Alien Resident Certificate?
It makes as little sense as it seems fair to me.
So being a house wife or husband doesn’t contribute towards anything? What is that saying exactly?