To attract and retain more foreign professionals, the Executive Yuan today backed amendments to the Immigration Act to make it easier for foreigners to work and establish residency in Taiwan. The proposed amendments will also benefit ROC citizens not having household registration, strengthen oversight of transnational marriage agencies, and aid in the enforcement of the Human Trafficking Prevention Act.
The Immigration Act has been amended six times since coming into force May 21, 1999. The latest round of changes, pending legislative approval, are summarized as follows:
1. Military personnel exiting Taiwan must first obtain approval from their commanding unit. Entry restrictions will be relaxed for persons who hold ROC passports but do not have registered domiciles in Taiwan. (Revision to Article 5)
2. Children born overseas to ROC nationals that have household registration may, provided legal conditions are met, apply for residency after entering Taiwan without having to meet an age requirement. Non-citizens living in Taiwan at least 335 days in one year are also eligible to apply for residency. (Revision to Articles 9 and 10)
3. Foreign nationals holding a "four-in-one" Employment Pass—a combination of a visa, work permit, alien resident certificate (ARC) and re-entry permit—or other type of residency permit will be exempt from applying for an ARC after entry. Circumstances under which aliens may be denied applications for residency or applications to modify reason for residency, will be amended. To facilitate recruitment of foreign professionals, restrictions will be relaxed concerning their spouse or minor children who apply for permanent residency along with the professional. (Revision to Articles 22 through 26)
4. Foreigners undergoing treatment for work-related injuries and lose their reason for residency will be permitted to continue residing in Taiwan. When a foreign laborer's employment permit is cancelled or revoked, his ARC will be voided together. (Revision to Article 31)
5. The requirement that foreigners with permanent residency status must stay in Taiwan at least 183 days a year to retain their status will be eased. The status will be revoked only if they stay abroad more than five years. (Revision to Article 33)
6. Transnational marriage agencies that have not applied for establishment permits or received licenses from immigration authorities may not disseminate, broadcast or publish any content advertising immigration services; violators will be fined between NT$100,000 (US$3,300) and NT$500,000 for each offense. The operations of a for-profit or non-profit transnational marriage agency must be approved by the National Immigration Agency; violators will be fined between NT$200,000 and NT$1 million for each offense. (Revision to Articles 56, 58, 75 and 76)
7. Officials will be given expanded authority—including to detain persons or use biometric devices—for investigating illegal activities. Matters of investigation will not be limited to false marriages and false adoptions. (Revision to Articles 64, 68 and 70)