Sorry if the headline isn
Which passport are you planning to use when entering the ROC?
If you use the US passport to enter Taiwan, you will be considered a US citizen, and need a work permit.
If you obtain a Taiwan passport overseas (such as in the USA), that means you are a Type 2 Taiwan citizen.
Taiwan has a dual tiered citizenship system. The Type 2 citizen does not have Household Registration in the Taiwan area, does not have an ID card, does not have residency rights, and cannot vote. Hence, if you use your Type 2 Taiwan citizen passport (often called an “Overseas Chinese passport”) to enter the ROC, you will be issued (in most cases) a visa good for three months. That can usually be extended once.
As a dual national of this status, according to Article 79 of the newest version (Jan. 21, 2002) Employment Services Act, you do not have work rights in the ROC area, and must apply for a work permit similar to an ordinary foreigner.
So, then getting a Taiwanese passport is even more worthless than I originally thought. It will only save me one visa extension trip to the police station…but I’ll still have to leave after six months…
I’ll ask the Tawainese office back in D.C. more about this, but based on your info, it doesn’t seem worth the trouble.
And as far as entering Taiwan, the embassy advised me to enter as foreigner, but show both passports. Didn’t really understand the point of that, though.
Thanks for your help, Hartzell!
If you are concerned with the long-term “human rights” development of Taiwan, then of course the picture is not so bleak.
Based on the ROC Constitution, of course a challenge could be mounted to obtain full work rights and residency rights as an ROC national.
If you will be in the northern Taiwan area, I could help you in undertaking such a case. As I stated above, it would no doubt prove to be important for the long term “human rights” situation here – clearly the ROC Constitution only recognizes the existence of one type of citizen (“All citizens are equal”), and so the current regulatory framework is constitutionally invalid.
Enter Taiwan with your Overseas Taiwan Passport.
You have to leave every 4 months. (if you stay over 4 months your overseas status turns into local status, and you’re gonna get drafted).
The negative: You gotta leave once every 4 months. If you think about it, that’s not bad at all. You’re in Asia, you’re probably gonna be travelling around for fun anyways. HK is only like an hour’s flight away.
The positives: You do not need any kind of visa or ARC or work permit or anything to enter and stay in Taiwan, just your passport. You pay local taxes, which is a big deal cuz it’s like 7% vs. 20% for foreigners.
As far as how much you’re gonna get for your salary, I think it mostly depends on how white you look and sound. Of course, also show your employers your U.S. passport to facilitate the salary bargaining, altho when you actually register for taxes you use the Taiwanese one.
I would get the Taiwanese passport, just in case they do change the law and most people don’t know or care to know the law anyway. When applying for jobs show them the US passport. A lot of their opinion might focus on your ability or lack of to speak Chinese. Tell them your legal, most won’t know or care as they just want a dependable stable teacher.
Aceman is right though, you have to leave every 4 months. I have an ABC friend who does this. It’s kind of nice and it does relieve stress having to leave the country for short vacations.
Hartzell has a good idea in taking up your case, but lets look at whats involved first. Lets say they(Taiwan’s Gov’t) decide to only grant one status to all Taiwanese passpport holders. You could end up being drafted. I know from previous posts Hartzell wants to address that issue too for US and Taiwan passport holders. Also a lot of money and power is against that. Hence why the head of the KMT’s and the Head of the PFP’s sons are US citizens and will never serve in the Taiwanese army.
Give it some thought and let us know how it turns out
Thanks for all your advice!
In the end, it turns out that I am “too old” to get the Overseas Chinese Passport.
After running back and forth, getting documents verified and certified up the wazoo while I was still in Taiwan, the Taipei office in D.C. starts to process my application and bam. The computer doesn’t accept my birthdate.
It turns out that anyone born before 1980 can’t get a passport through his or her Taiwanese parent.
I missed it by two stinkin’ years…what a pain…
I ended up making a fuss because I was told several times by a few of their office employees that I “shouldn’t have a problem” getting the passport and to just do X, Y, and Z in Taiwan to start the process.
The only reply I recieved was, “Sorry, we didn’t know the rule had changed.”
If they only understood how troublesome it was for me to deal with all those Taiwanese government employees who didn’t know how to do their jobs or how to efficiently help me get my documents in order, maybe they might have let me slide out of pure sympathy!
I think that the correct analysis is involved with the Nationality Law, which was amended Feb. 9th, 2000, and has a twenty year retroactive provision for those with foreign fathers and Taiwan mothers.
Hence, it appears that you don’t qualify under this provision. If you actually have a Taiwan father, you should still qualify.
I know this doesn’t apply to the guest here, but if you’re over 40 you don’t have to worry about getting drafted.
Check that – I think it’s actually 45.
Does this mean you can work with the Overseas Chinese Passport like local citizens, in any industry?