Yes, I hope everyone can learn from me… I was too naïve.
I’m really struggling at the moment. And my mom is pretty pissed at me for letting him rush me to sign the papers. I felt so much pressure from his mother (this is one… strong crazy Taiwanese lady I tell ya).
Please don’t make the same mistakes I did. ALWAYS have a lawyer.
I have a question, if my wife and i separate and i go back to canada, and she stays in taiwan, if we file a mutual divorce in taiwan, do i need to physically come back here, or can i just sign some papers from canada, and she files them at her house registration office without me etc…
Dear Friends,
i have got question for which i can not find any answers so far…
I have been in marriage over 7 years with local Taiwanese person and finally divorced (not without painful adventures to me, including local mafia attack)
But anyway, this is not the problem… The question is:
I have got ARC all the years and now i left country for 1 year already (almost)
My ARC is valid till January next year (printed on ARC).
Is it still possible to apply for APRC or the 5 years counter is reset after i have left Taiwan?
Since my duration of stay was way over 7 years, is there any chance to get APRC at all now?
I hope for soon reply, since this is important to my life
[quote=“ChenTang”]Dear Friends,
I have got question for which i can not find any answers so far…
I have been in marriage over 7 years with local Taiwanese person and finally divorced (not without painful adventures to me, including local mafia attack)
But anyway, this is not the problem… The question is:
I have got ARC all the years and now I left country for 1 year already (almost)
My ARC is valid till January next year (printed on ARC).
Is it still possible to apply for APRC or the 5 years counter is reset after I have left Taiwan?
Since my duration of stay was way over 7 years, is there any chance to get APRC at all now?
I hope for soon reply, since this is important to my life
[/quote]
What I know: while holding one class of ARC, you must live five consecutive years in Taiwan being here at least 183 days each year (that’s you) and you must apply for the APRC within two years of first becoming eligible. (That’s you too.)
When you apply, you must have a valid ARC.
What I don’t know: if your ARC is based on being married to a Taiwan citizen, it may be automatically cancelled when you divorce. So the ARC you have may or may not be valid.
One more issue. If you were married seven years, and completed five consecutive years being in Taiwan more than 183 days, the two year application period started after holding that dependent ARC for five years and that application period ended two years later. So even if your ARC was not canceled, the APRC window may have already closed.
This information is incorrect. There is no “window of eligibility” for applying for your APRC in the way you’ve described.
The two-year period is to be understood as a grace period in which you can apply even though you’ve lost eligibility, say, because you have a break in your residency, as long as you have a valid ARC at the time of application.
For example: By August 2013 you’ve lived in Taiwan for eight years continuously. Even though you meet the eligibility criteria for applying for an APRC, you choose not to (for whatever reason). Then you leave Taiwan. A year later, you return, and get yourself a new ARC - say through work. You will still be allowed to apply for an APRC until August 2015, at which point your two-year grace window of using your previous residency period will expire.
@ spaint
Thank you very much for your input, as I also was stunned reading that on the information pamphlet.
Another strange thing is the following:
Foreign nationals who have been married to ROC citiziens for a total of 10 years may apply if they have 5 years withing their 10 year marriage which meet the 183 day residence requirement ; these years need not be consecutive.
Ok, English isnt my mothertongue, but I think that is very very confusing.
Grammar is passiv perfect, are they talking about divorced people who still can apply for PARC ?
What does NIA wants to tell us with that sentence ?
[quote=“MoTi”]@ spaint
Thank you very much for your input, as I also was stunned reading that on the information pamphlet.
Another strange thing is the following:
Foreign nationals who have been married to ROC citiziens for a total of 10 years may apply if they have 5 years withing their 10 year marriage which meet the 183 day residence requirement ; these years need not be consecutive.
Ok, English isnt my mothertongue, but I think that is very very confusing.
Grammar is passiv perfect, are they talking about divorced people who still can apply for PARC ?
What does NIA wants to tell us with that sentence ?[/quote]
MoTi,
My work is prohibiting me from taking time to look at the wording of these regulations at the moment, but regardless of how the law is worded, I would very strongly urge you to get your APRC in hand BEFORE you sign for your divorce. You really don’t want to run any risk being rejected on a technicality or because of some fuzziness in the interpretation of the law.
Also, I would strongly recommend that you get a signed written agreement with your wife on things like division of assets and child support before you sign for the divorce. There have been so many horror stories on this board by people who signed too fast without guaranteeing their own rights first.
@ Rotalsnart
Thank you for the advice. But dont worry. Nothing signed and will be signed if not everything is like I want it to be (ok, almost everything).
PARC application already in progress - so for now … waiting
By the way:
Is that actually normal, NIA already asked me on the day of my application for those 10K PARC fee ?
My understanding was I first supply all papers and they send it to Taipei for a review and if everything will be absolutely ok, I then pay the fee and
some time later pick it up.
Instead (last week actually) I had to wait for roughly 1 hour, then I had a 15 min interview, then went to ATM to pay.
Is that the normal procedure or am I in the lucky position to get things speed-up ?
[quote=“MoTi”]@ Rotalsnart
Is that the normal procedure or am I in the lucky position to get things speed-up ?[/quote]
In my case, I was not asked to pay the fee until my application had been approved (if I remember correctly – it was quite a few years ago).
So the fact that they have asked you to pay already sounds like a good sign. Let us know the good news once you have it in hand!
Hello,
does someone have standardized chinese written agreements regarding
- fully shared child-custody
- fully unlimited and unrestricted visiting-rights ?
Does such documents exist to avoid any potential loopholes
in case we (well, my wife) would write them individually ?
And yes, I will still insist to get those papers notarized, but if
possible I am trying not to let a costy lawyer writing such things
(honestly due to monetary reasons)
Would it be advisable to have such agreements also issued in english ?
My chinese surely can’t understand chinese-versions, but I have
trustful double check-up taiwanese person on my side.
Thank you
If there is a child and the woman gets custody. Is there man supposed to give half of everything AND monthly payments? Someone told me it’s normally one or the other, but not both.
You are to split net assets fifty / fifty, if said assets were acquired during the marriage.
Note, net, not gross.
On the matter of subpoenas
(Background foreign spouse married to Taiwanese at local court ceremony in Taiwan, couple living in foreign country)
Can I as spouse request a subpoena to present to the employer of the other spouse to request information relevant to an affair, or to present to persons implicated in deceiving a spouse regards infidelity, (who were party to. / had knowledge of the infidelity but, e.g. when face to face with the injured party lied and misled / claiming no knowledge, but actively covering up and misleading.
To apply for such a subpoena(s), would the spouse require to hire lawyers both in the foreign country where both are residing, and one in Taiwan?
What is the likely timeframe?
What are the likely costs?
Is a foreign mnc likely to be open or obstructive toward the request for relevant information? (Would this necessitate hiring not only of divorce lawyers but international corporate lawyers also?)
I’d like to add more detail, but to do so would compromise my identify etc, more so than I’d prefer to do at this juncture.
Similarly, on a slightly different tack, but referencing back to one comment here regards the dysfunctional Taiwanese parents and the education system…
I have heard, and thought I was familiar, to some extent, with the concept of ‘face’.
Within the lexicon of old empire, of the west, there is the phrase, which I always took to be simply racist, i.e. of ‘inscrutable’, applied to Chinese, or Asians, more widely.
However, in practical terms, is this a kick in the pants away simply from duplicity or ‘two facedness’, in the most self centred?
A bell rang for me in the comment here as regards the return of a blank emotionless stare upon being pointed out the harm caused by incorporating goji berries in a contributor here’s food.
Like, somehow, if it is something where in the normal run or scheme of things, you might hope to read a note of empathy, it’s like, there is no register of that or apparently, no faculty of that emotion anywhere?
Similarly, re parents and education. I know from my own western education, that there was the academic core, at the centre of the time etc. But looking back, I appreciate I also had a reasonable amount of social interaction, and friends, and so on.
Can anyone comment as to their view regarding what social interaction skills or faculties, e.g. the capacity to empathise or laugh at oneself, suffer or be stunted or simply absent, in Taiwanese budding spouses, or existing spouses / divorcees?
Any kind of thoughts or input would be greatly appreciated.
Also, just to anyone reading this, what methods did you find most successful in trying to minimise the feeling of pain?
my case:
I thought it can’t get worse, but here I go:
A quick update:
Divorced, moved out, having shared-custody for my daughter, but ex-wife went to court to get sole custody, which will take place later this month. Daughter is living with ex-wife and grandmother.
I (up last week) was seeing my daughter 1 day on the weekend and also 3 times /weekly at kindergarten for 30-45 minutes.
Update:
Last weekend, ex-wife informed me that she decided (without talking to me) to reduce kindergarten time to half-time instead previously fulltime. Didn’t give me any reasons, I guess it is financial, because grandmother stopped working to take care the child (however, just 1.500 NT$ difference).
Today I called grandmother asking her to pickup my daughter just 30 Minutes later. so I could have some time with her (I like to have more time, but daughter is used to lunch-nap, so I don’t want to mess up her daily-life - which could be also another reason to do the switch to reduce my time as less as possible).
Mother-in-law agreed, but then suddenly she was there at 12 - wanting to take her. A little argument arose, but to prevent any escalation I asked my daughter what she wants and she voted for grandmother (sad enough, but probably already “drilled”).
So they went off. Kindergarten-officials then informed me, that from now on I am not allowed to enter kindergarten grounds anymore. I showed them divorce agreement to prove the facts - but they said, they have to do what ex-wife telling them, because she signed the kindergarten-contract, so I have nothing to stay.
(ADVICE for parents: please sign both such a document to avoid such shit ever happening to you !!)
I wrote email to my ex-wife, that I will file a police-report against her, if I can’t enter kindergarten tomorrow being unable to pick my daughter up and if mother-in-law will show up again (to avoid daughter deciding again).
I offered ex-wife to drop my daughter off later at their living-place as I can’t play on the kindergarten-grounds due to noise-regulation.
I am also considering to sue the kindergarten - because in my opinion they are just wrong in treating me like this.
The whole thing is just getting very very ugly - and I clearly don’t understand the taiwanese culture in this.
Mother-in-law also said, seeing me is “mafan” - they just care their own view and actually give a shit about my daughter’s needs.
I do hope my ex-wife will re-think everything to avoid involving the police now, but I will have absolutely no regret to report if necessary (which would probably benefit my court-case anyway).
Words can’t describe how I feel …
I hope the best. If you feel like sending me a PM by all means.
This does not sound good.
Unfortunately it doesn’t sound good, and has a familiar feel to it. The fact that she is backed up by her family makes it even more difficult for you.
Personally, and I am talking with the benefit of hindsight, I wouldn’t recommend you to make threats of legal/ police action against her (and certainly not the nursery). You are extremely likely to be unsuccessful and you are just going to antagonise your wife and her family further and make them even more unlikely to deny you access to your child.
There are few words of comfort to offer you, and probably no advice too, except just try to be as calm and nice and possible to your ex, however badly she is treating you. You are not Taiwanese so doing things “the Taiwanese way” is not an option.
Dude, you need to try to earn more money and pay some of the fees etx, that will give you more leverage with family and courts…I’m guessing,
With the family, maybe. With the courts, I doubt it. Paying child support is an obligation (moral or legal) rather than something that gives you the right to have access to your children. And this is something that is certainly not unique to Taiwan.
Your reaction is defensive and will incite a stronger reaction from your child’s mother and her people. Choose peace instead. Call off the police. It’s too early for that.
Vigorously defend your rights. Always. But choose peace.
She will follow.
And you won’t need the police.