A marriage APRC allows permanent residency in Taiwan for the holder. That’s very clear.
However, it appears a marriage APRC holder’s work rights are still tied to their marriage, i.e. a marriage APRC holder only gets open work rights because they’re a foreign spouse.
Therefore, if a marriage APRC holder gets divorced, don’t they immediately lose the right to work?
Prior to employing foreign worker to engage in work, employer shall apply to the central competent authority for employment permit with relevant documents submitted. However, the following foreigners are exempted：
2. A foreign worker has married a national of the Republic of China with a registered residence in the Republic of China and has been permitted to stay therein.
Does “has” in this rule mean “has married in the past”, or “is currently married”?
No, JFRV ARC holders don’t need an explicit work permit because the card states the holder doesn’t need one. APRC grants you the right to a separate work permit like work ARCs.
I’m waiting on my marriage APRC right now and will need to go apply for a work permit separately soon as far as I understand.
JFRV holders don’t need a work permit because they’re married. That means logically, they should immediately lose the right to work if they get divorced. That’s the point I’m wondering about.
Your APRC work permit is based on you being a spouse, i.e. married. Is it still valid if you’re not married? If yes, where does the law state this?
A spousal APRC is not the same as a JFRV. However, you do not need to apply for a work permit separately with either.
As for the OP, I believe that if one gets divorced on a spousal APRC open work rights remain. Why this is, I don’t know. I’d have assumed, like you, that one would have to reapply for a standard APRC and then apply for open work rights. I’ve been told by several people who seem too know their stuff that this isn’t the case.
I do not know if the same applies with a JFRV. Which, I repeat, is not the same as a spousal APRC. I’ve had both of them.
I’ve had a spousal APRC since 2004 and never got a work permit based on spousal APRC. Owned a company and started another. My wife handled it and she’s a legal genius who knows everything.
That’s right, you don’t need a work permit because you’re currently a “foreign spouse” and therefore get an automatic OWP.
What would happen to this automatic OWP if you got divorced or (sorry, just hypothetical) your wife passed away? You’d no longer be a “foreign spouse” so it’ll be revoked.
Seems like you should apply for a paper OWP, just in case.
My guess would be that whilst you are on an APRC and married to a national with HHR, you don’t need a work permit based on Article 48 of Employment Service Act and don’t need to apply for a separate “open work permit” from WDA.
Article 48
Prior to employing foreign worker to engage in work, employer shall apply to the central competent authority for employment permit with relevant documents submitted. However, the following foreigners are exempted：
2. A foreign worker has married a national of the Republic of China with a registered residence in the Republic of China and has been permitted to stay therein.
But then if you get divorced you still have open work rights cos you are on APRC but need to get that “open work permit” from the WDA first (unless that’s no longer needed?).
Go to this site. Print and fill out the form. Take the form along with $100NTD (application fee) + god only know what for postage (less than 100ntd) to the post office and bob’s your uncle buddy.
