I entered to taiwan by student visa, and i involve in work activity without work permit and I was punished and I paid the fine 15000 ntd. Now I graduated and get postdoctoral researcher position. I apply Gold visa, NIA sent to me following message
Hello: In June, the Taipei City Government Labor Bureau adjudicated the case of illegal work. Is there any appeal? If there is an appeal, please provide the progress. If there is no appeal, the punishment has been confirmed. According to Article 24 of the Immigration Law, the reasons for working in our country and permission Incompatible activities or work, this case will not be approved, please withdraw this case, thank you.
I Don’t understand, they already fine me and I paid 15000 ntd. This means I can’t work in Taiwan anymore? Anyone knows what other options to get ARC or work visa? Thank you!!
The Taiwanese government is very strict about illegal work. If you paid already, it doesn’t matter, they will take this into consideration in your applications, if not outright banned, forever.
Have you attempted to apply for an “ordinary” ARC via your prospective employer? It’s possible the people who deal with Goldmember cards and ARCs are different people, and the latter might be less anal about the prior fine.
Did the fine come with an attached ban? is it in the documentation from the ruling?
section 4
“b .Working illegally, shall be subject to a ban from entry for three years.”
https://www.moi.gov.tw/english/News_Content.aspx?n=7630&s=143762
I don’t ask ordinary ARC yet.
Immigration Act - Article 24:
National Immigration Agency shall not permit an alien’s application for residence or the alien’s application for modification of reasons for residence which was submitted pursuant to the preceding Paragraph if the alien meets one of the following circumstances:
…
11. Has been involved in activities or employment that is different from the purposes of his or her entry.
Immigration Act - Article Search/Content Search Result - Laws & Regulations Database of The Republic of China (Taiwan)
to add from the bottom of this
“The period of entry as banned under Subparagraph 10 and Subparagraph 11 of Paragraph 1 shall be one (1) year or up from the second day of the date of an alien’s exit of his/her country and shall not be more than three (3) years.”
For now yes but need to keep an eye on this as the president has signed the new amendments into law though the effective date hasn’t been announced yet. Can see the Chinese version as the English version hasn’t been update yet:
(a new reason was added hence the subparagraph number changes)
第一項第十一款及第十二款之不予許可期間，自其出國之翌日起算至少為一年，並不得逾七年。
(translation)
The period of entry as banned under Subparagraph 11 and Subparagraph 12 of Paragraph 1 shall be one (1) year or up from the second day of the date of an alien’s exit of his/her country and shall not be more than seven (7) years.
入出國及移民法 條號查詢結果-全國法規資料庫
Though as mentioned at the top, article 24 is in the list of changes that have yet to become effective.
Until the implementation details are released it will be difficult to know if it will be, when people leave the rule in effect will be used, or when the offence happened the rule in effect at that time will be used.
Probably worth a try … although seems like you’ll need to wait out your three years first.
Horror stories about the authorities’ zero-tolerance policy towards working used to be quite a regular thing on Forumosa. It’s been a while since we had one. Unfortunately, it is what it is, and it looks like you’ll have to pass on this particular job.
Ok so after thinking on this and doing a bit of research, at this stage the illegal work document has been accepted by you and the fine paid. So there is no appeal processes and hard to lodge one at this stage if the offence has already been accepted… and even if an appeal was lodged then it’s hard to see it getting approved (just my opinion and I’m not a lawyer btw).
A course I think would be to write a letter to the Immigration Director General here. You can expression points like you where a student here, your plans to contribute to Taiwan with your PhD etc and maybe he will give an exception.
If you read the Chinese version of the law it says “may refuse” so this is what allows immigration to run exceptions in amnesty programs etc on this rule, so legally they could give an exception on this.
Best of luck!
Not really as I have an open work permit so wont affect me, as for the OP as you say its not implemented yet and their sentence has been handed out already, so wont affect them.
I can’t see it being made retrospective as that has too many legal hurdles.
For future readers of this post, they should be checking the latest legislations and amendments anyway.
I would second this, always worth a try especially if you feel you have something unique to contribute.
Thank you I will try.
Good advise, I will try it.
One question. Foreign students are allowed to work in Taiwan (as long as they don’t go over 20 hrs. a week). Why were you fined?
Did you actually go to school? Or did you scam the government by enrolling in school, receiving a student visa, and never went to school?
If it was the latter, then I don’t think you have a strong case for appeal.
They first need an ARC with open work permit. Having a student visa alone is not enough. So seems the OP was working without an ARC and work permit and admitted to working illegally without a work permit.
Paying the fine does not release you from other consequences such as not being approved for residency. Most countries would simply deport you first without you completing your studies. So you were lucky you were not deported already.
Good luck with your applications. Perhaps your employer can apply for you and have the ban on employment lifted.
It’s a other case of what we keep saying “Don’t risk working illegally here” if you want to stay.
And don’t teach Kindy even if you have a work permit at that school. Elementary school and up is ok at the address you are allowed to teach at.
The school will tell you “It’s ok , it’s ok the boss has contacts , or we will warn you before they come”. This is what can happen , not just in teaching .
OP you need an immigration lawyer on that one, someone who can appeal it. And like ST says if your employer has some clout you can ask them to call and see if they can ask is there an appeal…
In what situation would a foreign student qualify for a student visa but not open work permit?
I thought all foreign students get to work after being here for six months.
I went to school. I graduate PhD and even I get researcher job now.