I didn’t find a CH button, but found an MOI press release that also says January 1st.
入出國及移民法§10-全國法規資料庫
歡迎使用全國法規資料庫網站,本網站提供各界經由網際網路單一窗口簡單、方便、公開查詢法規資料及各機關法規網站,以達有效管理及公開法令資訊,建構法治社會之目標。
I didn’t find a CH button, but found an MOI press release that also says January 1st.
Which part says that?
Oh now I see it! I was clicking on the one below, which would take me back to the homepage, and on the computer version it shows up somewhere around the left-ish side. Also then again, I didn’t quite sleep well since I’m a night owl and my mom apparently decided to try to prep me for work next week by waking me up at 7 (like jeez, I’ll make that decision after new year when I fully plan to watch the countdown, thanks).
Where a national without household registration in the Taiwan Area exit the State during the period of residence mentioned in Subparagraph 1, Paragraph 1 because of the assignment or the approval of the government and is provided with approval documents with respect to the assignment or the approval, the period of his/her residence shall not be deemed to be interrupted.
IT’s always been available even when I got my Tarc over 25 years ago.
It looks like you need to be approved in order for it to not affect the time tho
Chinese is deliberately ambiguous and never translates very clearly into English. A lot of people come onto these boards quoting this or that bit of text translated into English but who knows? Even the Taiwanese have problems knowing their own rules. It’s always a case of trial and error to find out anything, and then you will get a different result on two different days. So it goes.
The chinese version of article 10 is completely different to the english version, maybe the chinese and english versions of the immigration act published currently are different versions
歡迎使用全國法規資料庫網站,本網站提供各界經由網際網路單一窗口簡單、方便、公開查詢法規資料及各機關法規網站,以達有效管理及公開法令資訊,建構法治社會之目標。
I have’t found that section mentioned above in the Chinese version yet
Was it cut out of the final publication I wonder?
I have’t found that section mentioned above in the Chinese version yet
Found it
臺灣地區無戶籍國民於第一項第一款居留期間出國,係經政府機關派遣或核准,附有證明文件者,不視為居住期間中斷,亦不予計入在臺灣地區居住期間。
To me, that reads (not official english translation):
Taiwanese nationals without household registration who leave the country during the residency period mentioned in the first clause and first item, and who are approved by government agencies with supporting documents, are not considered to have interrupted their residency period, nor is this time counted towards their residency duration in Taiwan.
So still need approval for it not to count.
A bit clearer in Chinese , yes. Although I read it as being sent by government agencies or having approval, all needing supporting documentation. I’m no translator though, who is a translator here ?
The having approval is just absolutely ridiculous, I mean what does that even mean ?
sent by government agencies or having approval
Oh yeah, I think you are right
So I guess nothing has changed regarding this. Same as it has always been
Possibly you are right , no change but stated in the act now
Possibly you are right , no change but stated in the act now
You know I take some pride in being able to read but this topic and these changes make me feel I am either insane or I am dealing with insane badly written laws.
I wonder if folks with legal backgrounds such as @foc can help us out.
Guy
I’m looking for changes in related regulations. There is a just announced change in
入出國查驗及資料蒐集利用辦法 but this one seems to be just about removing the need for 入國許可.
announcement:
https://www.immigration.gov.tw/5382/5385/7229/7235/361939/
內政部令:修正「入出國查驗及資料蒐集利用辦法」部分條文
Ok, apparently there are a bunch of changes on 12/28 ( 第029卷 第247期
法規歷程) that may have something to do with the jan changes. (searching terms with 入出國)
https://gazette2.nat.gov.tw/EG_FileManager/eguploadpub/eg029247/ch02/type1/gov10/num10/Eg.htm
內政部令:修正「臺灣地區無戶籍國民申請入國居留定居許可辦法」部分條文,名稱並修正為「臺灣地區無戶籍國民停留居留及定居許可辦法」,自113年1月1日施行
臺灣地區無戶籍國民停留居留及定居許可辦法
Art 24 now says
無戶籍國民依本法第十條第一項第二款至第四款規定申請定居者,免附第一項第三款文件;其為未成年人,或其僑居地或居住地尚未核發或不核發警察刑事紀錄證明書者,免附第一項第四款文件。
If I read it correctly, “本法第十條第一項第二款至第四款” (Art 10 Paragraph 1 Subsections 2 to 4) refers to Art 10.2 to 10.4 of the Immigration Act. If that’s correct under the new rules for children born to a NWHR parent there is no need for TARC but the application, health and police clearance requirements remain. (And of course entering Taiwan on a NWOHR passport if an adult; Art 10.3)
第二十四條
無戶籍國民申請定居,應檢附下列文件,向移民署為之:一、
申請書。二、
中央衛生主管機關指定醫院出具之健康檢查合格證明。三、
臺灣地區居留證。四、
僑居地或居住地警察刑事紀錄證明書。五、
其他相關證明文件。無戶籍國民依本法第十條第一項第一款規定申請定居,其為未成年人,或其僑居地或居住地尚未核發或不核發警察刑事紀錄證明書者,免附前項第四款文件。
無戶籍國民依本法第十條第一項第二款至第四款規定申請定居者,免附第一項第三款文件;其為未成年人,或其僑居地或居住地尚未核發或不核發警察刑事紀錄證明書者,免附第一項第四款文件。
無戶籍國民於大陸地區出生者,應另附其未在大陸地區設有戶籍及領用大陸地區護照之相關證明文件。
隨同居留者申請定居,應與申請定居者併同申請或於其定居後申請。但隨同居留之未成年子女於成年後,依第十七條第六項規定經許可延期居留者,不在此限。
依第十三條規定申請變更居留原因者,其在臺灣地區連續居留或居留滿一定期間之計算,自許可變更居留原因之翌日起算。但原居留原因為本法第九條第一項第一款、第三款至第七款及第九款至第十一款情形之一者,自原許可居留之翌日起算。
無戶籍國民申請定居,於居留期間,每次出國在三個月以內者,得免附第一項第二款及第四款文件。
The having approval is just absolutely ridiculous, I mean what does that even mean ?
Exactly. If you go round government agencies trying to clarify something you quickly realise that no one knows what many regulations mean precisely, and people start making up interpretations. It happened to me this morning when I was discussing a land use issue with the police. I had checked with all relevant agenices and no one could give me a straight answer, and this police officer starts inventing a theory based on nothing tangible ![]()
IT’s always been available even when I got my Tarc over 25 years ago.
That’s right. Tell them you are going home to take care of your parents, or something like that, and you can leave for an extended period. How long? God knows. The rules change…