What have I done wrong?

Legal Visa & Residency
1

Hello,

I recently had to reapply for a new working visa in Taiwan. This is a long story, but bear with me as everything needs to be absolutely clear.

I came to Taiwan on November 23rd 2016, and have lived in Taiwan ever since. I have had holidays obviously, which I will outline as below.

Holidays
January 2017: one day Osaka for a concert, NOT a visa run
February 2018: two weeks in England to see family
May 2018: one day to Manila to see a concert, again NOT a visa run
July/August 2019: three weeks in England to see family
April 2022: two and a half weeks in England to see family (yes, despite quarantine)
March 2023: three days in Cebu on a visa run (reasons outlined below)

Visa details
I have generally had three different work ARCs, working for three cram schools, after which I was married to a Taiwanese woman for exactly two years then divorced (this is a highly upsetting issue, so I will not say anything here, and please do not ask), with one child and no custodial rights (although I can still see her and pay child support, so don’t worry about that). I now work at an adult school as an English consultant.

The problem
My marriage ARC expired on the 10th March 2023 because it was never cancelled after I divorced (in November 2021), however I made enquiries to change this to a work (or permanent ARC) in January. I was entitled to an APRC according to the man I spoke to at the immigration bureau, but they said I’d need to change my marriage ARC to a work one before… so I did.

My work started the application, but nothing happened and it was already too late. When it got to a few weeks before expiry, despite my school having done their side of the paperwork for the work permit, and done my health checks, the expiry date was too close. I asked for an extension, but they said because I have no custodial rights over my daughter (again, don’t worry too much about this, because I still see her and she does live with me sometimes) I had no choice but to leave the country and come back. So I left the country on March 9th 2023, one day before my visa expired and came back three days later on the 12th March 2023, on a 90 day tourist free visit.

I’m at work as normal now, but I went back to the immigration today to move forward with my ARC application, and now they’re saying I’ve basically restarted my days in Taiwan because my visa expired! The last time I went the man said if you’ve stayed in Taiwan for 5 years without leaving the country for 183+ days I can still get my APRC after I convert it to a work permit. Worse still, I have to change my ARC number which has been the same for 6+ years and also reapply for health insurance, which again I’ve had since November 2016.

How the hell can this be like this?! How can the immigration department be so utterly stupid and dismiss the number of days that I’ve spent in the country?!

What have I done wrong? I’ve read the clause and conditions for an APRC, and I see nothing about this. For them to treat me like a total outsider after all the taxes I’ve paid and the hard work I’ve put in is absolutely heartbreaking.

4 Likes
2

I’m not an expert by any means but I would encourage you to pressure your local NIA to submit the application. The desk warmers have no right to approve or deny the application. They only collect the documents and send them off. Worst case scenario, the real decision makers say no and you continue with another 5 years of residency at least knowing you did everything you could.

Going by this it sounds like the clock only resets if you lose your ARC before becoming eligible. You were already eligible when you lost your ARC. This is just how I read it.

Good luck anyway.

(1) Applicants pursuant to Paragraphs 1 and 2 under Item 4 shall submit an APRC application within two (2) years after fulfil the requirement of the period of stay and residence exceeding 183 days each year

It doesn’t say whether you are required to maintain an ARC or not for the 2 years after fulfilling the requirements

2 Likes
3

When your ARC expired your time counting towards APRC ended. It won’t start again until you get a new work ARC unfortunately, and it will be from 0. Immigration should have made this clear to you. A good rule is to always double check what they say, here is a good place to do that. My advice for you is to get another work ARC and be as sensible as you possibly can until you get your APRC, for your child’s sake. The other option is getting custody of your daughter and getting family dependent ARC instead. Perhaps you could bargain with your ex wife that you can only financially support the child if you are in Taiwan, and to be in Taiwan you need that family dependent ARC.

6 Likes
4

So I’m an outsider again? That’s one hell of a knife in the back.

5

I just added this to my original reply, posting again since you probably didn’t see it:

6

I’ll try to get custody. My ex-wife’s parents will support my case, because I’m on good terms with them, even if I’m not exactly on good terms with her.

7

Just because you have custody doesn’t mean the child needs to live with you at all times, or even most the time. Their concern will be that you’ll run off with the child. Perhaps you could sign some kind of document that says you have custody but to take the child out of the country you need permission from the mother. No idea how legally binding that would be, but might be useful in reassuring them.

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8

Where can I get this kind of document, a lawyer? Or the local registration bureau?

9

I guess you’d need to have something written up. But I don’t know if something like that would be legally binding. At the least it may give them some reassurances that you won’t run away with the child never to be seen again. It happens a lot here

10

@comfy123 ?

11

Her running away terrifies me too. But what I’m most furious about is the fact that the immigration bureau have completely knifed me in the back, and one of them at least lied to me and said I could get an APRC!

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12

Just for the record, a family dependent ARC doesn’t cover a foreign parent. So that’s actually out of the question.

13

This is nuts. I would lodge an official complaint. Not sure if it would do anything but those numbnuts should not give away wrong advice and play with people’s life like that. Do you have any proof that they made those recommendations?

14

Obviously not. I remember his face, but all of that was spoken. I went there in January 2023, asked to start an application for permanent residency, and he said because I don’t have custody of my daughter, he said get a work visa then convert it to permanent residency.

15

This part makes sense as you weren’t married anymore. It’s the having to leave and come back that would have screwed things

You may have been able to convert to a job seekers ARC though. But no point looking at coulda would shoulda I guess

1 Like
16

If you have custody over a Taiwanese child, as a foreign parent you can get a family dependent ARC. I know people who have done so, and there are people on this forum who have done it too.

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17

Couldn’t get a job seekers ARC, because I had no custodial rights.

18

Even if I’m long divorced?

19

Yes, should be no issue.
Perhaps others such as @yyy or @tando can offer more info/links to the actual policies on this.

20

Then I have to negotiate with the ex wife. She’s not a nice person, but she’s not impossible to negotiate with.