What to do if being caught teaching English without a work permit?

Hello everyone, I have a friend who just graduated here in Taiwan and trying to find a job that sponsors ARC. She has always been someone who follows the laws but back when she was a student, there was one time she got the news that her health had some serious issues and she needed a surgery. She was quite worried and had to deal with lots of paper work back then so she forgot to renew her student work permit. Unfortunately, the cram school she was teaching at got inspected and she was caught working without a work permit. She paid the fine immediately and waited a few months to hear back from Ministry of Labor on whether she would be deported. Luckily she wasn’t thanks to her good record at her university. Little did she know that the violation went into record, which means she isn’t allowed to work in Taiwan for 3 years since the violation. She only found out the record when her company tried to apply for a ARC for her and got denied. Does anyone know if there is anyway to get the record expunged, to make it up for it, or any way to go around it so she can obtain her ARC?

If you have experience or know anything useful about this matter, please help. Thank you so much!

Unfortunately I really think the answer is no, but maybe someone will know of something that can be done legally (it’s against the rules here to incite illegality, which “go around it” could suggest).

3 Likes

That’s a black mark in the computer. You can’t legally get around it. I had a five year ban once but those were simpler times.

Iirc, ROC citizen can do petition for foreign spouse with entry ban.

Yes that rings a bell. I was told if I married my gf my ban would be reduced to one year.

1 Like

My mate got a three year ban reduced first to one year after he married his girlfriend, and then down to three months after he got her pregnant.

6 Likes

One month if she has twins?

8 Likes

Sounds logical, haha.

3 Likes

I definitely know people who were originally handed down five year entry bans (deported and couldn’t even enter TW under any circumstance) who got them reduced to one year. So I would say petition petition petition and see what comes of it. Get a lawyer? They’re not that expensive and there are free ones out there, though speaking from experience (on non immigration matters) you get what you pay for

1 Like

I would think you’d need specifically a lawyer with connections. Not just any old lawyer.

I just got the information that the working ban is PERMANNENT. What other people talk about above is entry ban, which could be reduced, but not the working ban. Is this true? Could somebody please help to clarify?

From where?

Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act says

Article 2-1
Where an employer applies for a permit to hire a foreigner for the latter to perform the work specified in the preceding Article, the foreigner may not be found to be engaged in any of the following circumstances within three (3) years prior to the application date:

  1. He or she has ever engaged in work without obtaining an Employment Permit;

From Article 68 of the same Act Employment Service Act - Article Content - Laws & Regulations Database of The Republic of China

Any foreign worker who violates Article 43 shall be immediately ordered to depart from the Republic of China and banned from further engaging in work in the said territory.

No further engaging in work :frowning:

Article 74 of the ESA says the same phrase for foreign workers whose contract terminates. I don’t think it means you are banned from working in Taiwan permanently, but you may confirm with MOL.

The people I knew were banned from working for the duration of the time they weren’t allowed back in the country.

I feel like a permanent work ban is extreme unless you broke some serious laws (like drug smuggling or human trafficking), at which point, your entry ban would also def be permanent and there wouldn’t be much to discuss