Working and then divorce

How does it work if you are working in Taiwan and then you get divorced? Assuming your employer has prior knowledge of your situation can he convert your marriage ARC to a normal ARC ?

Since the JFRV gives the spouse of a Taiwanese citizen open working rights, they might not be working with an employer who could do this since certain requirements have to be fulfilled by an employer seeking to employ foreigners who don’t hold the privilege of a marriage JFRV or open work permit. In this case they’d have to look for a new job.

As soon as you get divorced, unless they have an APRC and open work permit, they will lose their right to work until after their employer applies on their behalf for a work permit and it is granted.

Maybe there is some provision for the Bureau of Labour to issue a temporary bridging open work permit until the foreigner can obtain a work permit through their employer. Hopefully somebody with a first hand account can come and shed some light on this.

If you get your employer to issue a work permit before you divorce, you can take the permit to immigration and apply for a change of status on your ARC. This is simple and only requires you change your ARC status before getting divorced.

If you must get divorced before you change your ARC status, the immigration office will cancel your ARC once they hear from the household registry that you have been divorced. One immigration officer told me that the household registry may report anywhere from the same day to two weeks after the divorce is processed, and there is no way to predict the timing.

If your ARC gets cancelled, you need to begin the application process again. This means you may need to pick up your new card in Hong Kong, submit a new health check, whatever a new application entails… It is by no means impossible, but it will probably cost a lot more and be a pain in the ass for paperwork.

Next question…
How does it work with the home ownership? I own a house in my name. I’m
guessing I lose that as well as the bank accounts and ARC

Why would you lose your home unless you sign it over to her in the divorce settlement? If it’s in your name, I don’t think there is a requirement to actually have an ARC to own it.

If it is worth over NTD 5 million, you can get an APRC based on that.

Anyone applying for permanent residency under circumstances other than the ones states in the preceding subparagraph shall meet one of the following conditions.

Having earned an average monthly income in Taiwan for the past one year that is twice as much as the Monthly Minimum Wage promulgated by the Council of Labor Affairs.

Having movable or immovable property in Taiwan with a total estimated value of over NT$5,000,000.

Having a certificate issued by the ROC government certifying that its holder is a professional or technician or has passed a technical examination.

Other conditions as approved by the NIA.

Does it mean that one doesn’t need to be married if they own a property worth more than 5 million?

If it is only your name on the deed, then there should be no problem. Nothing will change.

If you are both on the deed (or more importantly, the loan), there is only a problem of needing to interact with your ex with regard to money. In that case, you may CHOOSE to remove your name from the deed/loan, and the bank will probably charge about $30,000 for that service. At least that is what they charged me.

Personally, I don’t see the value of owning a house in Taiwan. But that may just be my fear of living in an unfamiliar culture, getting tricked by the Chinese language paperwork and uncomfortable standard practices (e.g. no legitimate third-party home inspection before purchase… apparently this is an offensive suggestion that the seller is dishonest, however bringing your local guru and his gang to assess the Feng Shui is totally legit)

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I assume you mean to get an APRC. That seems to be the case according to the government’s web site.

So that would mean you could effectively buy an APRC in Taiwan by buying a house. Seems like you could use this route like a “retirement visa” as well.

Exactly what I was thinking.
It could be an easier way for those thinking about retirement, without waiting 5 years for a residency.

I’d check that. I think the 5 million house refers to the showing your economic prowess part, not the time part, which I think is unavoidable.

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You’re right. I misread the document where it said

“Anyone applying for permanent residency under circumstances other than the ones states in the preceding subparagraph shall meet one of the following conditions.”

I think the subparagraph it is talking about is

“(1) Anyone applying for permanent residency as the spouse of an ROC national shall present any of the following documents for verification by the National Immigration Agency:”

So the 5 million NTD house could be in place of income for financial requirements.

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You can effectively buy a plum blossom APRC card by making an investment in Taiwan but it’s much more money.

I would like to jump in on this and ask a related question. Presently, I am holding off on signing any divorce papers…though the wife seems to be strong-arming me into doing so. My employer is ready to file for the work permit…and I am prepared to get the change in ARC status prior to signing papers…but here is my concern.

I have lived in Taiwan for nearly five years. I applied for two years on my current JRFV as it would allow time to apply for and receive my APRC at the end of this calendar year. My question and concern are vested in this…and I wanted clarification. Since it was related to the question, I thought I would post it here:

If I am currently married and approaching the completion of five years of continuous residency in the ROC…would a change in the ARC type reset this timer? This is my chief concern and why I have delayed signing the divorce papers. I want out of this marriage just as badly as my wife does at this point…I have some interests right now that would be problematic if still married (i.e. new friendships, new business venture, etc.).

If I were to go to immigration after having completed the application for a work permit and health check, to change the status of my ARC to WORK, would it affect the timeline for acquiring my APRC. If it does, then I will continue to hold off. If it does not, I will take my ass down to immigration in the middle of June to get this crap taken care of. I’ve no desire to continue dealing with the antics of my estranged wife for another six months.

Does anyone have information on this?