Visitors Visa - So Confused (can you get a work permit on a visa-free entry?)

[Hardcopy]

I’m a citizen of the U.S. and I’m in the U.S. now.

[Charlie_Jack]

@yyy

I was referring to this one , which came into effect last year.

Thank you for that information. In that case, I guess there’s no need for @Hardcopy to ignore this post of mine, because it correctly quotes pertinent parts of an English translation of the new law to which you referred earlier.

[yyy]

Correct – I only skimmed your post.

@Hardcopy the link I posted earlier doesn’t work now, and I can’t find that page at the moment, if it even exists. Looking at the page about visa-free entries (簽證 ==> 免簽證暨落地簽證規定), it doesn’t seem to mention any new restriction, so I don’t know what the TECO lady is basing her opinion on.

Edit: see below.

[Hardcopy]

I can get the link to open (2017 law - enacted in 2018).

The full URL I have is:

https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=A0030295

[Charlie_Jack]

Are these the Visa Free Entry rules?

English:

https://www.boca.gov.tw/cp-149-4486-7785a-2.html

Chinese:

https://www.boca.gov.tw/cp-10-4485-149c7-1.html

[Hardcopy]

She gave me her email address in case I had additional questions.

Let’s say I write to her, and reference the visa-exempt entry rules (and white-collar professional exception).

And say she writes back to say:
“If you’re only a buxiban instructor, lacking a teaching certificate, then you wouldn’t be seen as white-collar, and you wouldn’t meet the terms of the exemption.”

…would she be right? I would hate for a nuance of translation (not within my grasp) to make me assume I can make this work out.

On the other hand, her visitor visa strategy [the $160 fee, her request for my passport through the mail, bank statement (wouldn’t specify an amount) and the ASAP nature of it all (overnight or 2-day expenses, both ways)] is stressing me out. I feel awful.

[Charlie_Jack]

@Hardcopy

I asked specifically about visa-exempt entry, with obtaining a work permit later, leading to a visa (as described in the 2A exemption earlier in this thread). She said that was not possible.

The only solution was to apply for visitor/resident visa through her office before I leave ($160 application fee). Is she correct?

I don’t know, but this is what the website of the Bureau of Consular Affairs says, in part:

Visa-exempt entry cannot be converted to visa-based stay, unless any of the following applies:

a. Foreign nationals entering the ROC on a visa exemption may only apply for conversion to a visitor visa within the permitted duration of stay at the Bureau of Consular Affairs or MOFA branch offices in the event of situations that prevent them from leaving the ROC, such as severe acute illness, natural disaster, or other force majeure reason. In addition, white-collar professionals who have obtained a work permit within their permitted duration of stay (Brunei, Philippines, Russia and Thailand are not included) may apply for a work visa together with their spouse and minors (under age 20) who entered the ROC at the same time.

The above doesn’t look like a law to me, and I’m not sure it’s a regulation, but it looks authoritative to me.

But I’m not sure how that might solve any problem you might have with the person at TECO.

https://www.boca.gov.tw/cp-149-4486-7785a-2.html

Edited to add:

@Hardcopy

Let’s say I write to her, and reference the visa-exempt entry rules (and white-collar professional exception).

And say she writes back to say:
“If you’re only a buxiban instructor, lacking a teaching certificate, then you wouldn’t be seen as white-collar, and you wouldn’t meet the terms of the exemption.”

Did she say anything like that? Because I’m wondering if that could somehow become an issue. I wonder whether there’s evidence on the board that other cram school teachers have been able to get an ARC directly from a visa-exempt entry.

[tando]

@Hardcopy

resident visa would be necessary to obtain a work permit.

you cannot apply for a resident visa based on work without a work permit already issued.

https://www.boca.gov.tw/cp-166-276-48430-2.html

@Hardcopy

And say she writes back to say:
“If you’re only a buxiban instructor, lacking a teaching certificate, then you wouldn’t be seen as white-collar, and you wouldn’t meet the terms of the exemption.”

…would she be right? I would hate for a nuance of translation (not within my grasp) to make me assume I can make this work out.

if you have read through this forum, you may know coming on a visa exemption, getting a buxiban job, and getting an ARC is what many people are doing.

If you want to get an assurance, just call or mail and ask to a headquater of NIA or BOCA in Taipei, not to the lady in a TECO nor to online strangers here.

[Charlie_Jack]

@tando

If you want to get an assurance, just call or mail and ask to a headquater of NIA or BOCA in Taipei, not to the lady in a TECO nor to online strangers here.

Yeah, that sounds good. And on that, this stranger is going to hit the hay.

[Hardcopy]

She did not say anything about buxibans per se. I mentioned it as part of what I wanted to investigate while there. I just ran through the steps outlined above verbally and she shot it down.

She said if I’m planning to seek work, I’d need a visitor visa first.

(Thanks to all for continuing to write back. I just want to get there and join my partner. Perhaps in moving the timeline up, to have better potential chances during the hiring season, I’ve brought this time-crunch stress on myself.)

[Charlie_Jack]

@Hardcopy

She did not say anything about buxibans per se. I mentioned it as part of what I wanted to investigate while there. I just ran through the steps outlined above verbally and she shot it down.

She said if I’m planning to seek work, I’d need a visitor visa first.

I think tando has the right idea. You can e-mail or call the National Immigration Agency (NIA) or the Bureau of Consular Affairs (BOCA) and see what they have to say about whether these rules apply to cram school teachers.

[Charlie_Jack]

BOCA

phone: (+886) 2-2343-2888

They have an in-house email:

https://www.boca.gov.tw/sp-mimb-main-2.html

NIA

bunch of phone numbers:

https://www.immigration.gov.tw/5475/5478/141386/127061/127076/

in-house email:

https://bossmail.immigration.gov.tw/mail-box/mailindexEN.jsp

I hear my bed calling.

I wish you success!

[yyy]

The key paragraph was hiding in plain sight. I need to stop skimming stuff!

@BOCA

停留期限 1. 停留期限14天、30天或90天，自入境翌日起算，最遲須於期滿當日離境。有關逾期罰則請按此處。期滿不得延期及改換其他停留期限之停留簽證或居留簽證。但因罹患急性重病、遭遇天災等重大不可抗力事故，致無法如期搭機離境，或於入境後於停留期限內取得工作許可之白領專業人士及與其同時入境並同時改辦之配偶、未滿20歲子女，經外交部領事事務局或外交部中部、南部、東部及雲嘉南辦事處專案同意改辦停留簽證者不在此限(以上述白領應聘事由提出停留簽證申請者，申請人須於停留期限屆滿前7個工作天提出簽證申請)。

And they key phrase is still there and seems to match what I posted two years ago: 於入境後於停留期限內取得工作許可之白領專業人士…經外交部領事事務局…同意改辦停留簽證者不在此限 i.e. a white collar professional who obtains a work permit before the expiration of the visa-free entry period can apply to BOCA for a visitor visa.

BOCA’s translation:

@BOCA

In addition, white-collar professionals who have obtained a work permit within their permitted duration of stay(Brunei, Philippines, Russia and Thailand are not included) may apply for a work visa together with their spouse and minors (under age 20) who entered the ROC at the same time.

Points 2 to 5 have changed.

@BOCA

2. 澳大利亞籍人士免簽停留90天措施自2015年1月1日試辦至2019年12月31日。

Aussies have had their 90 day visa-free “trial period” extended to the end of 2019.

@BOCA

3. 北馬其頓籍人士免簽證90天措施自2018年5月21日試辦至2020年3月31日。

Northern Macedonia (it took me a moment to get that!) also has a 90 day visa-free trial period, until the end of March 2020.

@BOCA

4. 免簽證停留14天試辦：

• 汶萊與泰國籍人士免簽證措施自2016年8月1日試辦至2019年7月31日，

• 菲律賓籍人士免簽證措施自2017年11月1日試辦至2019年7月31日，

• 俄羅斯籍人士免簽證措施自2018年9月6日試辦至2019年7月31日；
  試辦期間以免簽證入境之白領專業人士，不適用上述第一點於境內改辦停留簽證之規定。

Brunei, the Philippines and Russia all have trial periods for 14 day visa-free entry until 2019-07-31.

@BOCA

5. 英國籍、加拿大籍人士免簽90天入境後，得申請延期90天，最長停留達180天，請參閱英國籍、加拿大籍人士免簽證入國後申請延期停留送件須知。

Britons and Canadians get 90 days that can be extended to 180 days, subject to certain rules.

---

Also:

@BOCA

注意事項

除觀光、探親、社會訪問、商務、參展、考察、國際交流等無須申請許可之活動外，以免簽證方式入境者倘擬從事依國內其他機關法令須經許可之活動，仍須取得許可；倘擬從事傳教弘法等須經資格審查之活動，請事先向中華民國駐外館處申請適當之來臺簽證。

Unofficial translation:

Besides such activities not requiring permission as sightseeing, visiting relatives, social visits, business, taking part in trade shows, examinations, and international exchanges, if one who enters by the visa-free method plans to engage in activities requiring permission in accordance with the laws and regulations of other domestic organizations, permission must still be obtained; if planning to engage in such activities requiring examination of qualifications as missionary work and propagation of Buddhism, please apply in advance to the ROC mission for a suitable visa with which to come to Taiwan.

BOCA’s translation:

@BOCA

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.

Job interviews are not prohibited (as long as they don’t ask you to do a teaching demo with real students – that is definitely forbidden), so there should be no problem.

If for some reason BOCA has decided to stop issuing visas to people who obtained work permits while visa-free, you could still fly out to somewhere like HK, Seoul or Manila and apply for a visa there, instead of going back to the US.

[Charlie_Jack]

Thanks, @yyy, for the impressive amount of work you’ve put in on this issue.

I think @Hardcopy’s concern can be expressed by something @tempogain wrote back in 2015:

@tempogain

. . . I’m not sure if “foreign professional workers” is equivalent to “white collar.”

One example of this is that the minimum wage for supposedly white collar workers doesn’t seem to apply to cram school teachers (or at least it didn’t seem to apply back in 2012).

I believe you, but I can also understand why @Hardcopy would be somewhat uncomfortable, especially since the TECO person to whom he spoke nixed the idea of going directly to an ARC from visa-exempt status.

But there’s this:

@yyy

If for some reason BOCA has decided to stop issuing visas to people who obtained work permits while visa-free, you could still fly out to somewhere like HK, Seoul or Manila and apply for a visa there, instead of going back to the US.

Again, thanks, @yyy.

[tando]

Qualifications for white collar workers including buxiban teachers.
Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act

Qualifications for blue collar workers
The Reviewing Standards and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Iterns 8 to 11，Paragraph 1 to Article 46 of the Employment Service Act

[Hardcopy]

Thank you all for helping.

Yes, as @Charlie_Jack says, I’d feel better if I could connect A with B.

A, meaning this white-collar exemption language:

@yyy

And they key phrase is still there and seems to match what I posted two years ago: 於入境後於停留期限內取得工作許可之白領專業人士…經外交部領事事務局…同意改辦停留簽證者不在此限 i.e. a white collar professional who obtains a work permit before the expiration of the visa-free entry period can apply to BOCA for a visitor visa.

(which includes 之白領專業 “white-collar professional” …)

And B, meaning this employment-type:

@tando

Qualifications for white collar workers including buxiban teachers.
Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act

I see that @tando has detected a “white collar worker” meaning, but I’m not able to find that in the text he links to.

Maybe I’m seeking a certain level of “official alignment” between A & B that just doesn’t exist. My own tendency is to want the 之白領專業 white-collar term to match up with language found within B.

Perhaps the more practical question is whether I truly have these options:

@yyy

If for some reason BOCA has decided to stop issuing visas to people who obtained work permits while visa-free, you could still fly out to somewhere like HK, Seoul or Manila and apply for a visa there, instead of going back to the US.

The TECO person sounded dubious when I asked if this was an option (maybe she’s required to steer me away from visa-runs?). She said that “sometimes” people had to come back to the States - in other words, that HK, Seoul or Manila might not be options. I’d hoped she could have affirmed what everyone here has been quoting, literally chapter & verse, using up their own free time. I’m grateful (thank you again, @yyy).

I see the recent contact info above from @Charlie_Jack and will perhaps seek answers from them. It’s been hard to know if more info (my default preference) or less info is going to be the best route to peace of mind!

Thanks again.

[yyy]

The Basic Wage applies to all workers i.e. persons employed under the Labor Standards Act, including buxiban teachers. It’s the same one that 711 clerks are entitled to, i.e. an amount far less than what most people from developed countries would be willing to work for.

The 48k “minimum wage” for some foreigners is a separate thing and does not apply to buxiban teachers.

[yyy]

I hate to go Lord Baelish on people, but I suspect you’re right, and she’s under orders to try to cook up more business for her office. The only other explanation that makes sense to me is that she’s new at her job (or just doesn’t care).

It’s always possible that something has changed, but there’s no indication of that on BOCA’s website, and they’re the ones you’ll be dealing with if you ignore the TECO and go straight to Taiwan.

The “white collar” term is never explicitly stated in law afaik, but it’s frequently used by bureaucrats as shorthand for exactly what @tando pointed out.

[tando]

@Hardcopy

I’m seeking a certain level of “official alignment” between A & B that just doesn’t exist. My own tendency is to want the 之白領專業 white-collar term to match up with language found within B.

https://www.wda.gov.tw/News_Content.aspx?n=74963F5F05BDB4FB&s=90D488EDE03DF88D

WDA calls B(外國人從事就業服務法第四十六條第一項第一款至第六款工作資格及審查標準) A(白領審查標準).

[Hardcopy]

Hi everyone,

Thanks again to those who responded to my earlier questions.

I’m now in Taiwan and I have a work permit (in Chinese) from the school that would like to hire me. I’m now hoping to have my visa-exempt status turned into a Resident Visa. (Following that, the school will help me apply for an ARC.)

But back to my immediate goal. My plan is to visit the BOCA office in Taipei with my completed application for a Resident Visa. The print-out is a copy of the same form I submitted online on Friday. I will also bring two recent passport-size photos with me, as instructed by the school (and the form itself). Plus a copy of my return-trip itinerary showing flight number and seat number (showing original intention to visit for tourism). And of course I’ll bring the work permit from the school and my passport. Also bringing 5,120 NT (probably also 1,100 NT for “rush” option – I’d really like to get this wrapped up).

Should I need it as reference, I have copies of the documents referenced by others (above):

1. Visa-exempt entry bulletin (under “duration of stay” section, 2.a.), specifies allowance of visa-exempt entry to visa-based stay for white-collar professionals who have obtained work permit.

2. A copy of the Employment Services Act (ESA), with Article 46 bookmarked (including a copy of Article 46 in Chinese). Outlines work (presumed “white collar”) that a foreign worker may do, including teaching.

I have about 5 weeks left in my visa-exempt stay as an American citizen.

If they request an interview, I plan to tell them what I’ve discovered: that I’ve fallen in love with the country, that I would like to accept the offer from the school and that my girlfriend is already an established resident and also an APRC holder.

I plan to dress professionally and act accordingly – pretty customary for me in any circumstance.

I plan to arrive at the office shortly after it opens. I hope to have the application accepted and leave Taipei (I don’t live there).

Is there anything I’m forgetting or that you recommend? If for some reason I’m rejected, are there any plan Bs and Cs I should have ready? If I have to stay in Taipei through the early afternoon, I can do so.

Thank you for reading and any suggestions you might have. And thanks for being here.