If she wants you to keep the ability to give her money every month, she’ll have to let you have custody on paper. Just make it clear that you can’t work in Taiwan legally without custody of your child. Technically it’s true since now you don’t have a work permit.
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Thank you for giving me peace of mind, meishijia. I really appreciate your comments, I really do.
To qualify for an APRC you need to live continuously in Taiwan for a certain number of years on ARCs. Because there was a period when you were not living in Taiwan on an ARC but rather a tourist visa, the number of days counting toward your APRC got reset.
Never let your ARC expire. You should always have a new one before your old one expires. Your employers don’t care about this because they don’t care if you get your APRC. This is something YOU ultimately need to be responsible for.
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Why would you have no custodial rights?
The way it works is if you have had a break on your visa the clock resets.
Well I’ve learned my lesson, heartbroken and betrayed as I am, but I’ve learned. I just hope nobody else makes the same mistake.
Because I signed the document not knowing the full details (I was misled); I thought it meant she lives with her mother, rather than her having FULL custodial rights and me being left little more than an outsider.
Well, that’s just crap. I’m absolutely shocked, but I will rebuild what I’ve lost.
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iiuc, strictly speaking, your ARC would have been void when you got divorced, but practically, it seems people are allowed to stay till expiration date at least some cases especially with kids. in certain cases, like you got a custody or divorced due to domestic violence, you are allowed to stay continuously after divorce.
It sounds you have been in Taiwan already for more than 5 years (since 2016 Nov to 2023 Mar) , if there were no gaps between redpective ARCs (even if there were gaps you kept the same ARC number, so you need to confirm it). if your last marriage ARC was valid till the expiration date, you must be eligible to apply for your ARC, as @justintaiwan posted.
As for your residency, if you already have a work permit, you can get a work based ARC right now, no? even if you will get a custody, the gap between your previous ARC and a newly obtained ARC still exists anyway.
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This happens quite often. The same thing happened to my grandmother’s Filipino caretaker. She wants an APRC but her agency doesn’t give a damn about that, so they didn’t renew her ARC until the last minute which caused her clock to reset.
Don’t be too upset by this. Sure, APRC holders have more conveniences compared to ARC holders, but the important thing is that you’re still able to live in Taiwan either way.
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Thank you, Alan
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I don’t mean to kick a man while he’s down but…
when I did it the document was in Chinese AND English… Not only that but they went over with me again and again (at least 3 times) making sure I fully understood what it meant and had someone double check the English version alongside the Chinese version. - As someone who had a game plan and knew what I wanted it felt a little condescending to be honest…
@tomhiggs91 it’s the type of shit that you need to be careful about in life. ESPECIALLY WITH SOMEONE YOU ARE BREAKING UP WITH! She is no longer your friend, but your enemy and she’s going to try to f$%k you. But in a way different to what you were used to…
You get few days or something. I got custody but I still only got a few days to run to immigration to change my ARC over to my daughter. (Although it was able to be done on the same day.)
But… considering it takes 3 months to get a working permit. Unless you apply for a working permit in advance… it would be impossible to meet that deadline!
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One option though is to naturalize… Where are you originally from?
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United Kingdom
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if the proposed draft amendment of Immigration Act is passed, someone who was a spouse of a citizen and legally resided in the country can get a residency if having custody, or visitation.
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The conditions is that it should be unbroken
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Perfect! You can renounce and resume!!!
Criteria for Regaining Your British Passport After Renouncing It
To regain your British citizenship, you’ll need to meet the following criteria:
Must be over 18: You’ll need to be over the age of 18. The government views anyone under this age as a child in the eyes of the law. Therefore, they are not mature enough to make decisions of which country to be a citizen of.
Sound Mind: You need to be of “sound mind.” People who suffer from certain mental illnesses are not going to have a clear idea of what they’re doing and the consequences of doing so.
Good Character: Will need to be of “good character”. The government wants to be confident that when you return to the UK, you’re not going to commit any crimes, or be a danger to the society.
In addition, you need to obtain a letter from the country of which you are currently a citizen of. This letter will contain all the information about when you became a citizen, as well as how you became one whether you have done a “citizenship test” or became one through marriage. You can get this letter from several types of places, including embassies, government offices. It will be worth looking into how you can obtain one from your current country.
Rules
Anyone who was born or naturalised in Britain will be able to regain their British citizenship. However, other people with connections to the UK will be able to as well. If your father or grandfather, or your spouse’s father or grandfather were born or naturalised in the UK, you would be entitled to regaining your British citizenship. But no matter which of the above are British, you can only regain your British citizenship once.
Will he be allowed to naturalise after there being a break in his ARC though?
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Yes, I believe so!
The rule is being here 183 days a year as a resident for 5 continuous years.
Either way… it is definitely worth a trip to the household office to find out!
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iiuc, no. it is being here 183 days a year as a resident for 5 continuous years at the point of application (指其居留期間自申請歸化時，往前推算五年或三年之期間，應為連續不中斷). overstay for less than 30 days are regarded as continuous, but the OP went out of Taiwan.
Enforcement Rules of the Nationality Act
Article 6
The annual legal residence for more than 183 days in total for more than 5 or 3 consecutive years as referred to in Articles 3 and 4 of this Act shall mean that the residence period of such 5 or 3 years prior to the application for naturalization shall be consecutive, as well as that the applicant has legally resided for more than 183 days in total every year during such period. Nevertheless, any residence overstay does not conform to the requirement of legal residence, which results in the interruption of such residence period. If the overstay period does not exceed 30 days, the residence period shall be deemed not to have been interrupted.
The overstaying period as mentioned in the preceding paragraph shall not be calculated into the legal residence of the 183 days.
The consecutive residence of more than 10 years as referred to in Article 5 of this Act shall mean the consecutive residence of more than 10 years before the application for naturalization.