Residency law amendments

New Amendments

quote[quote] "Under Article 31 of the Immigration Law, foreigners who have the Taiwan Alien Permanent Resident Certificate (APRC) are required to stay in Taiwan for at least 183 days every year in order to retain the certificate. Many foreigners have told me that they feel less free after they obtain the APRC," Hartzell said [/quote]

Richard, Does this mean that if one were to stay in Taiwan for 182 days (eg), the APRC would be automatically revoked?
Don’t some permanent US residents stay out most of the year only having to pop in every six months in order to maintain their status?

I realise I may now qualify for the APRC according to the new amendments, but I’m wondering if the implications of this are less than appealing.
I’d really appreciate some clarification.

This requirement of forced physical presence inside the country for so many days per year during the period of permanent residency is sometimes referred to as “immigration prison”. (Perhaps that is poor terminology.)

At any rate, in the USA, after a certain period of years, one gets citizenship, whereupon there is no longer any need to stay inside the country for any length of time per year. Freedom at last!!

However, in Taiwan, there is (currently) no citizenship availability at the end of any certain period, hence “immigration prison” lasts forever!

There are certain categories of exceptions from this physical presence requirement (overseas study, medical emergency, family emergency, etc.) but other than that, if you have an APRC and only stay 182 days for the year inside the country, you could lose it!

(Note: counting begins in the year AFTER you get your APRC.)

Another less than redeeming feature of APRC is that if you don’t apply for it within 2 years of your first being eligible for it you lose all right to apply for it. Looks to me like they want to force us into the “Immigration Prison” and hope that we blow our residence by staying too many days outside so they can get rid of some foreigners.

Also another problem I have with the APRC is the $10,000 fee when you get it. Did you know that for a Mainlander getting permanent residence in Taiwan only costs $200? Granted that the procedure for Mainlanders and foreigners is different but the fact that it is different is just plain racist.

Mainlanders in Taiwan don’t get “permanent residence” – that is a mistranslation that often shows up in official English-language commentary. What they get is residency first, then after one year they get household registration and an I.D. card.

They become citizens,and can vote in local elections!

What’s this? If you don’t apply within two years, you don’t get it at all? I’ve been here since 1988 and married for th last 4 years. My work permit and ARC are normal 1-year deals. Does this mean I’m no longer entitled to permanent residency?

If that’s the case, I’m coming to this meeting with Yu whether you like it or not, Richard. I’ll give him a photo op he won’t forget in a hurry!

You must apply within two years “of the expiration of your eligibility”. Hence, if you are married to an ROC national, and the spouse finds out that you have produced a baby in coordination (combination) with a neighbor person in the next building, then your spouse can file for divorce. When the divorce becomes final, you lose your status as a foreign spouse. In order to apply for permanent residency based on that status however, you have two years in which to apply.

Etc., etc.

Thanks for the clarification!