Work Permit for Spouse with ARC


#1

Hello,

I have a Taiwan ID and would like to get a work permit for my wife who has an ARC. One company would like to hire her to do some editing. Where do we go to get the work permit?


#2

I assume that the foreign spouse has a Joining Family Resident Visa (based on marriage to a Taiwan national), and an ARC based on that. If not, please see my comments in this FORUM under the “Marriage in Taiwan” topic, to learn how to apply for such an ARC. The advantage of having this ARC is that it is independent of any particular job status.

Technically speaking, it is the employer who applies for the Work Permit, however you can assist the personnel at the company involved in getting the paperwork together for a foreign spouse Work Permit application. In legal language, this is an “Employment Services Act Article 48 Work Permit Application”.

You will need (1) two photos, (2) a Household Registration Record copy of the Taiwan spouse, with the foreign spouse clearly registered in the spouse column. Additionally, you will need photocopies of the following items: (3) the foreign spouse’s ARC (both sides), (4) passport, (5)the Employment Contract, (6) all the company’s relevant Corporation License, Business Registration License, Tax Registration Certificate, and/or all similar licenses and registrations.

You should fill out an application form (one original, one photocopy), and submit this along with the other documents, as stated above, to Council of Labor Affairs, Employment and Vocational Training Bureau, 26th Fl., No. 50 Chung Hsiao West Road, Sec. 1, Taipei, TAIWAN 100 by registered mail.

Some points are notable about the current procedures being used for ESA Article 48 Work Permit Applications —
FILLING OUT THE APPLICATION FORM (a) two application forms should be submitted, each stamped with the appropriate Chinese chops, and each with a photograph of the foreigner attached, (b) in the “Planned Employment Period”, my advice is that you list your beginning employment date as some ten days in the future, and ending employment date as two years beyond that.

EMPLOYMENT CONTRACT
© there is no stated demand that the hours of work (daily, weekly, or monthly) be specified in the Employment Contract, (d) the government’s minimum monthly wage figure must be met or exceeded however, and that currently stands at approx. NT$ 16,700.

OTHER CONSIDERATIONS
(e) ESA Article 48 applicants are not subject to an employer’s quota restrictions, minimum capital requirements, and income history requirements, (f) no specific educational or occupational background is necessary, (g) a Health Exam is not currently required.

Any applicatnt who has one ESA Article 48 Work Permit may also apply for another, and another, under this ESA provision. Whether the work is full time or part time makes no difference. However, as obvious from the above comments, the employer must be operating a legal business.

You can pick up copies of the application form at the address above, or I can mail you a copy, along with a copy of a sample Employment Contract.

Please indicate your best mailing address, and give some indication of how to write it in Chinese (to speed up mail delivery).

richard@oriented.org


#3
quote:
Originally posted by Hartzell: [b]OTHER CONSIDERATIONS (e) ESA Article 48 applicants are not subject to an employer's quota restrictions, minimum capital requirements, and income history requirements, (f) no specific educational or occupational background is necessary, (g) a Health Exam is not currently required.

Any applicatnt who has one ESA Article 48 Work Permit may also apply for another, and another, under this ESA provision. Whether the work is full time or part time makes no difference. [/b]


Dear Mr. Hartzell,

Are the regular requirements for hiring a foreign office worker more stringent than the above? I am referring to the educational and occupational background. I had heard that the company must show why they are hiring a foreign worker instead of a domestic and the foreign worker must meet the minimum requirement of having a University Bachelor’s degree and show proof of relevant occupational background experience. Are these requirements waived under Article 48?


#4

ESA Article 48 covers three types of people: (1) Foreigners married to ROC citizens who have obtained “residency permission”, which would mean those who have obtained a JFRV and an ARC,
(2) Refugees or Stateless persons with “residency permission”, which would mean those who have obtained an ARC,
(3) persons who have worked legally in the ROC for five years continuously, which means those who have copies of all the relevant paperwork (and previous Work Permits) over that five year period.

For any of these types of people, the requirements are as I have stated them above. No specific educational or occupational background is necessary. Nor is there any need for the company (or organization) to show why they are hiring a foreign worker as opposed to an ROC citizen.

The company (or organization) must be legally registered, and the monthly salary must exceed the minimum level as set by the Council of Labor Affairs of the Executive Yuan.

There is a very technical requirement that the “job title” used must fall outside the nine categories of work specified in ESA Article 43. If you have specific questions about that, please give me an email.

richard@oriented.org