Would an administrative violation hurt chances of naturalisation?

Legal Dual Nationality
1

Would an administrative violation such as being caught and fined for working in a kindergarten hurt ones chances of naturalising or do they only care about criminal charges?

2

Was the offence with open work rights?

3

I haven’t ever been caught for that. I don’t even work in a kindergarten. But for the sake of the discussion, yes I have open work rights. I’m just curious about the risk of working in such a place.

4

Oh. It sounded like you were asking for yourself. Sorry.

5

I am asking for myself, but I am thinking about any possible future violations, and whether the risk is worth it.

6

Well. All we can really say is dont do illegal things. I wouldn’t risk it.

7

FYI

Regulations for the Assessment Criteria of No Illicit or Illegal Behavior

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8
  1. The applicant is subject to a decision of deferred prosecution or a final judgment of detention, fine, or suspension of sentence due to the commitment of a crime, except for a negligent crime.

So I guess the answer is yes, it could hurt your chances.

9

Or are administrative violations not considered crimes?

10

That’s my reading of it. Administrative dispositions or “administrative actions” are 行政處分, which are nowhere to be found in that law.

11

It would be interesting and useful to hear if anyone has ever applied for and been approved for an APRC or naturalisation after such an administrative violation.

12

Working illegally, i.e. without a work permit or in violation of the details of a work permit, leads to a fine, deportation, and a ban. So that would kind of get in the way of naturalization. :cactus:

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13

I’m willing to bet at least one new citizen has had a traffic ticket or two.

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14

I should clarify I meant with an open work permit.

15

Of course, but nobody would stop you from naturalising because of a traffic ticket. Working in a kindergarten without the right license is much more serious. The question is, whether or not it is serious enough to be used as a reason for denial of APRC or naturalisation.

16

See Art. 49 of the ECECA. You can be fined, and the kindergarten can be closed, but I don’t see anything in there that would give you a criminal record (assuming you don’t do anything that overlaps with the Criminal Code or the Social Order Maintenance Act).

Even so, I don’t think it would count in your favor, or in the favor of immigrants in general, to be breaking the (non-criminal) law.

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17

Article 49 of the ECECA talks about the consequences for the kindergartens themselves.

Article 35 of the Statue for Preschool Educators talks about the punishments for employees:

https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=H0070071

Persons for whom any of the following statements is true shall be subject to a fine of not less than 6,000 New Taiwan Dollars and not more than 30,000 New Taiwan Dollars, and may be fined consecutively per violation:

  1. Those that violate Paragraph 2 of Article 26 by engaging in educare services without educare certificates or credentials.
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18

Oh sorry, I thought that was in the ECECA itself. Or maybe it was, but they moved it? Anyway, there it is. :slight_smile:

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