Police certificate: necessary even if you haven't been out of the country less than 3 months?

Hi everyone. I think we had covered this before but can’t find it in my humble search. A friend is interested in getting ROC nationality, and one clerk at Household Registration told this future applicant that if the foreigner has not stayed out of the country over 3 months, then they do not have to present the police certificate fromtheir own country again.

I think we had mentioned if it depends whether the applicant is married or single. Pal is divorced.

If anyone has a linkie most helpful.

Note: pal is not from US.

If she was married to taiwanese, she doesn’t need.

From a site of Dept. of Household Registration, M.O.I. (內政部戶政司全球資訊網)

Q1.外國人如何申請自願歸化我國國籍及申請國民身分證?

https://www.ris.gov.tw/zh_TW/144/-/asset_publisher/acQ7/content/q1-外國人如何申請自願歸化我國國籍及申請國民身分證??redirect=https%3A%2F%2Fwww.ris.gov.tw%2Fzh_TW%2F144%3Fp_p_id%3D101_INSTANCE_acQ7%26p_p_lifecycle%3D0%26p_p_state%3Dnormal%26p_p_mode%3Dview%26p_p_col_id%3Dcolumn-2%26p_p_col_count%3D1

原屬國政府核發之警察紀錄證明或其他相關證明文件。
(1)向原屬國政府申請,核發日期須在申請日前6個月內,原屬國政府核發日期以後,申請人入境有再出境相當時日,經主管機關認有疑慮者,得請當事人繳交出境期間無犯罪紀錄證明。
(2)申請人為我國人配偶,已取得外僑永久居留證,或其外僑居留證居留事由載明為「依親(夫或妻)」者,得免附。
(3)申請人曾為我國人配偶,其婚姻關係消滅後,無出境者,得免附。

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Does this part mean that if you have an APRC you do not need to present it? Or only if you got the APRC because you are married?

She has APRC, got it while married, but we are not sure if she applied through marriage or work.

The second part references a spousal ARC or JFRV. If you have APRC, it does not matter if you originally had a work or a spousal ARC.

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Yes, but does it matter in terms of having to present or not the police certificate?

If you’ve only lived here over the past several years, then a local police certificate will suffice for the purpose. The section essentially says APRC of spousal visa holders are exempt.

Aha! so is my question: she is exempt because she was married, but someone like me who is not must present the thing?

Divorcees may seem covered so no certificate required, right?

The text says people with APRC’s or JFRV’s are exempted. That means either, not that spouses don’t have to but APRC holders do. If you are an APRC holder, you are also exempted.

Spouse of taiwanese is exempted if the person has an APRC or spousal ARC.

The second part states “If the applicant is married to a Taiwan Citizen, holds an APRC or holds a JFRV, then he/she need not show the Police Certificate.”… The wording here is slightly confusing as I’m not too sure if they mean “If you’re married to a Taiwan Citizen AND hold an APRC or a JFRV” (2 options)" or “If you’re married to a Taiwan Citizen, hold an APRC or a JFRV” (3 options).

Third part states "If he/she is divorced and have never left the country after the divorce, then he/she need not present the Police Certificate.

All APRC holders regardless of the origin of the APRC?

There is no distinction in the “origin” of an APRC. Once you have it, you are in the same class as all other APRC holders.

Exactly, it is not clear. Per the wording could be APRC through marriage only, but the APRC part is repeated, seems like singles are exempt too.

There’s no such thing as an APRC through marriage, only JFRV. Once you apply for APRC, you are no longer sponsored by your spouse.

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(2)申請人為我國人配偶,已取得外僑永久居留證,或其外僑居留證居留事由載明為「依親(夫或妻)」者,得免附。

To my reading, this only applies to people married to an ROC citizen, unfortunately.

My translation would be: For applicants who are married to ROC citizens, and have either obtained an APRC or whose ARCs are based on family (husband or wife), (the police report) is not required.

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there is APRC obtained through marriage, though after you get the APRC, you are independent.

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There is a JFRV, not an APRC.

When I applied for Citizenship 3 years ago on my APRC, I was asked to present the Police Certificate but I was exempted due to the fact that I was divorced and have not left the country after the divorce. The rules may have changed during these 3 years which brings us back to part 2…The only way to confirm this is to go to HHR and see how they interpret part 2.

Perhaps I am being too literal? My reading is "applicants who have obtained APRC, or ARC through marriage, are exempted.

The key is the first comma in the sentence. For the other interpretation to be valid, the first comma would have to be replaced with a 頓號 (、).

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