[quote=“Hartzell”]Here in Taiwan, according to the latest announcements that I have heard, people from the PRC are not considered “foreign citizens.”
At the same time, they are not considered “local citizens.”[/quote]
I keep trying to apply logic to this situation, but fear that I’m risking schitzophrenia as a result…
[quote=“Hartzell”]According to the current interpretation, this actually delineates a further category of ROC citizens, i.e. those who meet the requirements, which in essence means that a person can be considered an ROC citizen even though he is residing in the ROC as a foreigner, such as the case of a child with an ARC who has one ROC parent. (Notes: The Ministry of Finance does not agree with this interpretation, and does not consider these people “ROC citizens”. The Ministry of Defense does agree with this interpretation, hence if the child is male and formerly had household registration in the Taiwan area, then he will be subject to the military service requirement, additionally even those male youths with no ROC identification or household registration will be subject to the military service requirement if either parent is an ROC citizen.)
Although most people recognize that the Ministry of the Interior is in charge of citizenship matters, in fact the Ministry of Foreign Affairs also deals with citizenship matters extensively, since it has guidelines to recognize “T2 citizens” overseas, and issue them ROC passports. The legal basis for this is found in Article 9 of the Passport Law.
[/quote]
I have a formal letter from the MOI stating that my son cannot be considered an ROC national unless he actually renounces his Australian Nationality first as he was firstly born well before the law change in 2000 and secondly he was not included in my original aplliction for ROC nationality. 
He was born in 1991 in Taiwan with a then foreign father and an ROC mother. 
But of course now both his parents are ROC nationals. 
He has lived here only on an ARC and is not registered or listed on any Household Registration. 
Seeing that the MOD cannot prevent the exit and entry of foreign nationals and the fact that he cannot be an ROC national there is no issue of him doing military service imho. 
Of course if the MOD did try to draft a non ROC national there’s going to be a lot of fun and games with ACIO office. Just like when I went thru the process of becoming an ROC national ACIO was able to help out.
I know plenty of other people with male children here in their late teens and 20’s who have never been asked to do military service beacuse they don’t have ROC Nationality, only ARC’s. 
If your son was under the age of 20 when the new law came into effect in Feb. 2000, he should still qualify for ROC nationality based on his relationship with the ROC mother.
How old is your son?
[quote=“Satellite TV”]I have a formal letter from the MOI stating that my son cannot be considered an ROC national unless he actually renounces his Australian Nationality first as he was firstly born well before the law change in 2000.
He was born in 1991 in Taiwan with a then foreign father and an ROC mother. 
I know plenty of other people with male children here in their late teens and 20’s who have never been asked to do military service beacuse they don’t have ROC Nationality, only ARC’s. 
[/quote]
Sorry to cut bits and pieces out of your post, but what you wrote doesn’t make sense. If the law was amended in 2000, then why is it that only people in their late teens or twenties would not be Taiwan citizens. The year 2000 was only five years ago.
Furthermore, what Hartzell wrote above is correct, so really anybody born after 1980 to a Taiwanese parent should qualify to be a ROC citizen.
That said, I’m sure you would prefer to keep your son on an ARC and not go for the Taiwan citizenship…but that is a decision that you should make together with your son.
[quote=“Hartzell”]If your son was under the age of 20 when the new law came into effect in Feb. 2000, he should still qualify for ROC nationality based on his relationship with the ROC mother.
How old is your son?[/quote] Well lets see now… I posted that he was born in 1991 and it 2005 now… so 14…
MOI says differently. He cannot keep his Australian nationality and have ROC nationality as he would have to renounce his Australian nationality first. Whereas those born after 2000 can be dual nationals.
We are talking about children born to ROC mothers and foreign fathers.
Maybe you need to practise some math. If you are now in your teens or 20’s then they were born before the law changed in 2000. Actually you could be 5 or 6 and not have dual nationality.
The law is not retro-active… it only applies to those born after the law change in 2000.
I guess this is the reason why I wrote in the first place. I’d assumed the law was retroactive for anyone less than 20 years old, which is pretty much what Hartzell wrote.
To be honest, this law doesn’t really concern me. I don’t have any kids born before 2000. The only reason I bothered posting is because your situation seems to defy what I’d understood the law to be. If my interpretation of the law is incorrect, then my aplogies. Hopefully this thread can be used to reveal the correct information about this law.
I guess this is the reason why I wrote in the first place. I’d assumed the law was retroactive for anyone less than 20 years old, which is pretty much what Hartzell wrote.
To be honest, this law doesn’t really concern me. I don’t have any kids born before 2000. The only reason I bothered posting is because your situation seems to defy what I’d understood the law to be. If my interpretation of the law is incorrect, then my aplogies. Hopefully this thread can be used to reveal the correct information about this law.[/quote]
Yes, seems to be some misunderstandings of what the law does and doesn’t allow. Even some of the different government departments put their own views on it but the only one that matters is the MOI’s interpretation as without their approval you get zip.
All those years ago when I was processing my own paperwork to become an ROC citizen many were saying that it was impossible. You still have to beat your brain out to get around some of the staff in some of the government offices. Persistance and determination pays off.
But in any case I’m not concerned that my son is not an ROC National as he will be able to get a PARC in the future.
The Nationality Law says that anyone under the age of twenty as of February 2000 (with at least one ROC parent) qualifies … hence it is retroactive in that sense.
Why don’t you get a copy of the law and read it instead of arguing with me???
[quote=“Hartzell”]The Nationality Law says that anyone under the age of twenty as of February 2000 (with at least one ROC parent) qualifies … hence it is retroactive in that sense.
Why don’t you get a copy of the law and read it instead of arguing with me???[/quote]
Why should I argue with you when I can argue with the MOI, who insist that my son would first have to renounce his Australian nationality.
If the law is retroactive then why haven’t the many children born to ROC mothers before 2000 who are under 20 living here on ARC’s been given their ROC Nationality?
If it’s retro-active then it’s automatic… surely… So then all of your friends who have children in the situation discussed above have just rocked up to the local household registration off and been given ROC nationality…
Tell me it’s so
You don’t appear to understand the Household Registration Law or the Nationality Law.
If you are in Taipei sometime, maybe you can buy coffee and I will explain it to you …
Hi Hartzell,
I am wondering about a technicality. I was born on December 14, 1980. Therefore, I was 19 in February, 2000. But my Taiwanese mother is my “adoptive” mother. My father is American. In most western countries there is no difference (legally) between adoptive parents and biological parents. Is this the case in Taiwan? Could I apply/demand ROC citizenship under the law? It would be interesting to find out how the law is interpreted here. I know that usually the law refers to “Blood Relations”.
This is a good question.
We should know more in early September after the announcement of Taiwan’s true international position in the US media.
[quote=“Hartzell”]This is a good question.
We should know more in early September after the announcement of Taiwan’s true international position in the US media.[/quote]
You’re taking out ads in the US press? The Taiwan Defense Alliance must have a new sugar-daddy! 