Well then give me a source.
Otherwise I don’t know who to trust…
You or the NIA and the Workforce Development Agency? Who is the most reliable source? lol
Well then give me a source.
Otherwise I don’t know who to trust…
You or the NIA and the Workforce Development Agency? Who is the most reliable source? lol
Quick read from this forum would tell you that numerous front desk people have told numerous whoppers to people that ended up being untrue.
It’s common knowledge on this forum that Taiwanese bureaucrats are generally untrustworthy
You yourself have even shown that they don’t know what they’re talking about.
Yes but if you are unsure about what is being said and cannot find a source… then your only reference is to ask and keep that as a record.
Yes exactly. However, it is best to use their reference (if in writing.) - Rather than go off of “I think…”
If in doubt… ask again and rephrase the question or get someone else to ask.
I’m at work, patience.
Those who have entered Taiwan visa-free for purposes that do not require a permit—such as engaging in tourism, visiting friends or relatives, attending social events, conducting business, attending exhibitions, and engaging in fact-finding missions or international exchanges—who then intend to engage in activities that, according to the laws and regulations of relevant agencies, do require a permit must still obtain such a permit. Those who intend to enter Taiwan for purposes that require qualifications, such as religious work, must obtain a visa from an ROC overseas mission before entering Taiwan.
Anyways, this has always been the regulation. The existence of the digital nomad visa is arguable that the visa itself is the permit required.
The WDA said explicitly there is no permit required for online work.
I wouldn’t argue that. It is likely just a crappy useless compromise.
@comfy123 while you might be correct that practically it seems possible to do certain work on a visa waiver without being hassled… this is Forumosa, and specifically the legal forum. On Forumosa we don’t encourage anything that is in a gray zone. And suggesting that a specific Visa is useless / worse than using the grey zone is encouragement.
We clearly understood you think the digital nomad visa is “useless”. Please stop pushing this topic, thereby encouraging people to work on visa waiver.
@comfy123 while you might be correct that practically it seems possible to do certain work on a visa waiver without being hassled… this is Forumosa, and specifically the legal forum. On Forumosa we don’t encourage anything that is in a gray zone. And suggesting that a specific Visa is useless / worse than using the grey zone is encouragement.
I asked something along these lines above, but I’m actually curious whether working remotely for an overseas client/employer on the purported digital nomad visa is really that much less of a gray zone legally speaking than doing so on a visa exemption, given that the former doesn’t seem to be associated with a work permit either.
If the takeaway from that is that the MOL doesn’t regard working remotely for an overseas client/employer as something that requires a work permit (as previously indicated by the MOL and I think also the NIA, if I’m remembering correctly), the two situations seem to be of similar gray values, at least from a labor perspective (though purpose of stay might still be an issue).
but may turn out to be similar to Canada’s tax system where you can declare to become a non resident
Maybe Canada could suggest it to the U.S. as part of the deal for Canada to become a part of the U.S.
On Forumosa we don’t encourage anything that is in a gray zone. And suggesting that a specific Visa is useless / worse than using the grey zone is encouragement.
When the MOI have responded accordingly it is not a “grey zone.” You are more than welcome to ask them yourself as others have. I have even asked TECO regarding my wife when applying for her visiting visas before we got her residency.
@Andrew also asked and got the same response. (Correction he suggested someone else to ask)
though purpose of stay might still be an issue
When my wife applied for her 3 months visiting family visa we told TECO she was doing online work for her private clients. They said as long as it’s not for a local employer/customers it’s fine.
We clearly understood you think the digital nomad visa is “useless”.
Unless there are some serious policy changes I.e. you get an ARC and can renew indefinitely… it is completely useless.
@Andrew also asked and got the same response.
Minor correction: I didn’t ask MOI directly, but I did post here the result of someone else asking after I suggested she do so.
That is all very interesting, and it’s clear what answers you two got.
Please leave it at that for this discussion of the digital nomad visa, though.
I hope that in time it becomes clear what benefits the dedicated digital nomad visa offers over just working remotely on a visa-exempt status.
People are already allowed to work online using the visa waiver scheme. As long as your boss, manager and company are all based outside of Taiwan you can work online in Taiwan. This has been confirmed by the labor department multiple occasions.
Can you show me a document from the Ministry of Labor that says this? I’m genuinely interested and not trying to catch you out. It seems possible to me that one might exist but I am not aware of such a document and would very much like to see it so that I can refer people to it.
I’m genuinely interested and not trying to catch you out. It seems possible to me that one might exist but I am not aware of such a document and would very much like to see it so that I can refer people to it.
It’s been posted before by @Andrew. Last time I asked they called me and answered on the phone and TECO Manila answered verbally.
I suggest if you want to refer people to a document to ask them yourself and then take their response as a reference.
There’s a screenshot and something else from the MOL in this thread:
If OP enters Taiwan on his NZ passport, then he’ll be living here on a tourist visa which means he’s not allowed to work. What am I missing here?
It’s been posted before by @Andrew. Last time I asked they called me and answered on the phone and TECO Manila answered verbally.
I suggest if you want to refer people to a document to ask them yourself and then take their response as a reference.
@Andrew thank you.
Just in case someone unwary is reading this thread, the other thread contains a screenshot of an email in English that purports to be from the MOL and a letter of interpretation from the MOL.
@Comfy is the one who posted the screenshot of the English-language email. It does say that a work permit in not required to work for a employer overseas remotely. Sadly however, it is highly risky to rely on this kind of unofficial communication. You can only rely on a formal letter of interpretation. If the email is wrong, the civil servant (or more likely contract employee) will get a talking to but you will be ordered to leave if it is determined that you were working illegally without a work permit.
The letter of interpretation DOES NOT say what @comfy wants it to say. It designates certain kinds of work as not requiring a work permit and says everything requires a work permit. Examples of work for a foreign employer that are OK include film crews from overseas and many kind of volunteer work. It definitely does not say that digital remote work for an overseas employer is OK. It is highly inconsistent with what @comfy’s email says.
You have been warned.
Rely on what @comfy is saying at your peril. I have no idea why he keeps saying it. We do not know the answer to this question.
Hundreds of foreign professionals get investigated every year. Many end up having to leave. We do not now the details of these cases because nothing is public except their numbers. Make sure you have a work permit and check with a lawyer if you have questions.
Last time I asked they called me and answered on the phone and TECO Manila answered verbally.
What TECO Manila says orally over the phone cannot be relied on. They are not enforcement officials in the city or county department of labor who investigate and determine these cases. They have no authority over these matters. Their oral opinion is irrelevant.
@Comfy is the one who posted the screenshot of the English-language email.
Correction. I reposted one posted by @Andrew a while back
Examples of work for a foreign employer that are OK include film crews from overseas and many kind of volunteer work. It definitely does not say that digital remote work for an overseas employer is OK.
Rely on what @comfy is saying at your peril.
I have always suggested asking for yourself and making your own inquiries. Also end of the day… their focus is on protecting Taiwanese jobs. They aren’t going to care if someone working for a U.S. company works from their hotel bedroom in Taipei for a night…
I have always suggested asking for yourself and making your own inquiries. Also end of the day… their focus is on protecting Taiwanese jobs. They aren’t going to care if someone working for a U.S. company works from their hotel bedroom in Taipei for a night…
Asking for yourself and making your own inquiries is fine.
Yes, the focus is very much on protecting Taiwanese jobs.
But Taiwan, contrary to the belief of many foreigners, is a country of laws. That’s particularly the case with bureaucrats.
Article 43 of the Employment Services Act says:
Unless otherwise specified in the Act, no foreign worker may engage in work within the Republic of China should his/her employer have not yet obtained a permit via application therefore.
If there is ever a question about this, you will find that those bureaucrats take a very literal and narrow view of this. Many foreigners have found out the hard way over the years. It doesn’t matter what anyone says unless there is an official document saying otherwise.
And a foreigner working in his hotel room at night on a business trip is not what we are talking about here.
Scott Ezell found out many years ago the hard way about what happens when you rely on what people tell you including civil servants. Things have not changed that much. It’s really frustrating to see people dishing out this dangerous nonsense on these forums so many years later.
Bringing Taiwan to the World and the World to Taiwan
Article 43 of the Employment Services Act says:
Unless otherwise specified in the Act, no foreign worker may engage in work within the Republic of China should his/her employer have not yet obtained a permit via application therefore.
“Therefore, if there is no local employer or supervisor of your work within the Republic of China(Taiwan), you don’t have to apply any work permit for it.
However, if there is a local employer or supervisor of your work within the Republic of China(Taiwan), according to the regulation above, the employer has to file an application for work permit to Ministry of Labor.”
And all this is from the Ministry of Labor.
This right here would not be allowed on the “digital nomad visa” either.
Scott Ezell found out many years ago the hard way about what happens when you rely on what people tell you including civil servants. Things have not changed that much. It’s really frustrating to see people dishing out this dangerous nonsense on these forums so many years later.
That’s patently a pretty different situation of very limited relevance to the present discussion (doing live performances vs. working remotely for foreign employers/clients).