Effective yesterday, foreign spouses who have received their Alien Resident Certificate need not apply for a work permit before starting work, the Council of Labor Affairs said. The relaxed measure was part of an amendment to the Employment Services Act (就業服務法), which was passed by the Legislative Yuan recently and promulgated by President Chen Shui-bian (陳水扁) on Tuesday. Also stipulated in the amendment was that public and private high schools through kindergartens can employ foreign nationals as language teachers. The amendment also relaxed restrictions on foreign blue-collar workers, allowing foreign laborers and household helpers whose visas have expired to re-enter the country after leaving for only one day – before they were required to leave the country for 40 days before re-entering.The amendment also stipulated that each of the foreign laborers’ work periods in Taiwan should not be longer than six years cumulatively, council officials said.
So for ARC holders married to ROC citizens, an open work permit is now redundant? Or is there any advantage to having an OWP, assuming one’s marriage isn’t threatening to go belly up?
On the surface, it would appear that an OWP is no longer of any benefit if you have a JFRV. I posted about this last week when the legislation passed its final reading and I’ve been trying since then to find out what the catch is (god, I’m getting to be such a damn sceptic).
The regulations are of course for the benefit of the husbands of SE Asian brides – now they can really work them into the ground as hard as they like and its LEGAL!!
Probably the only consideration we bignose males were given was how they could word the legislation in such a way that we could be excluded without causing an outcry. I think we can expect some new regulations in the not too distant future that will effectively remove us from the equation again.
Has anyone seen the wording of the new legislation?
I was in the Taipei foreigners police place a couple of days after they passed the law. They knew absolutely nothing about it (this was a couple of weeks ago so it hadn’t been promulgated). An number of the stasff there were very interested in an article referring to the law I showed them from the United Daily News, but then they pointed out that this referred consistently to foreign wives. Not spouses. Wives.
It seems Taiwan-logical to me. First step… pay $100 for a silly redundant piece of paper that says you can work. Next step, eliminate this requirement and just use the ARC. Of course none of the govt depts know what the others are doing.
I asked this same question again and again at the office (actually had an argument with the boss, as I at first simply refused to believe that the reporter had got his facts straight). I specifically said there’s no way the government would do this and the law must be referring to foreign WIVES rather than spouses. After much checking and telephoning, the final answer was that the reporter was correct and that the law uses “spouses” rather than “wives.” How I wish I could trust that to be true, but I know the caliber of the CNA reporters, so I remain highly suspicious.
But why hasn’t Richard weighed in here yet? This is the second time this subject has been raised here and he of all people should be in a position to give a definitive answer.
Richard, isn’t this precisely your area of expertise? Why have you remained so mysteriously silent on an issue that is so important to so many of us?
I know you were probably just joking around, but I figured I’d chime in anyway. I think if you get divorced, and if you don’t have permanent residency (i.e. have an ARC based on marriage), then you’d be pretty screwed if you got divorced or if your spouse passed on.
In my understanding, your work rights are tied to your spouse for the OWP and more than likely for this new legislation as well.
I got my new ARC based on marriage today. The guy in the Taichung County Police Office told me that I didn’t need to get a work permit - the ARC based on marriage is all that is needed now. Well, that’s what “he” said.
I’d thought that was not the case. But I don’t really know for sure.
Oh, we’re quite happy with each other. It’s just that my cyncism when it comes to the Legislative Yuan is beyond measure. And I’m not much more positive when it comes to reports in the local press. (OK, maybe I am in a bad mood today. )
I’d thought that was not the case. But I don’t really know for sure.
[/quote]
I thought that the OWP was only valid as long as the corresponding ARC on which it is based is still valid. It’s possible that once your marriage is over, the cops could come reclaim your ARC based on marriage.
I’m in the same situation as you (I’m assuming). I already have the OWP. I guess with the new law I can go burn the OWP in front of the Legislative Yuan and still be able to work using my good ole ARC.
Anyway, I think we’d all love for Richard to come on and clarify this new law for us.
I have no idea what you’re talking about. I only replied because you said “seriously”, but now I’m not so sure this reply was really worth it.
Could you clarify?
I have no idea what you’re talking about. I only replied because you said “seriously”, but now I’m not so sure this reply was really worth it.
Could you clarify?[/quote]
Umm… I could never possibly believe that this is a trap!
Yes, you did waste a reply.
Bureaucracy here in Taiwan could unwittingly be setting a trap for us. It has happened before. First they tell us that we don’t need a work permit, then the local police, which are the ones doing the checking, who don’t know about this deports you on the basis that you don’t have a work permit to show them.
That would not surprise me. Just remember to have Richard’s number coded into your cell-phones.
