Operation Directions for the Entry Bans on Foreign Nationals
- Date：
- Source：Entry & Exit Restriction Section
- Hit：3858
II. Foreign nationals who meet one of the following conditions shall be banned from entering the Taiwan Area for a period of time prescribed as follows:
a. Refusing to submit their passports for inspection shall be subject to an entry ban for 3 years;
b. Holding and using an illegally obtained, counterfeited, or altered passport or visa shall be subject to an entry ban for 10 years;
c. Using another person's passport or using a passport which was issued with a false identity shall be subject to an entry ban for 10 years;
d. Applying for entry by making false statements or concealing important facts shall be subject to an entry ban for 1 to 3 years;
e. Possessing contraband shall be subject to an entry ban for 5 years;
f. Suffering from a contagious or infectious disease that is harmful to public health or other illness shall be subject to an entry ban until the day on which the person recovers or is proven to be in stable condition;
g. Entering without inspections or entering temporarily without permission and result in deportation shall be subject to an entry ban for 10 years;
h. Being deported or ordered to leave as a result of engaging in activities that are inconsistent with the purpose of applying for visit or residence shall be subject to an entry ban for 3 to 5 years;
i. Engaging in conduct involving moral turpitude shall be subject to an entry ban for 3 to 5 years.
The period of an entry bans as described in the preceding paragraph shall start from the day following the foreign national’s refused entry or departure. If the circumstances set forth in subparagraphs (b) to (d) of the preceding paragraph occur abroad, the period of entry bans shall be calculated from the date on which the competent authority ascertains the occurrence of the act, and if the competent authority is unable to ascertain the date on which the act occurred, the period of entry bans shall be calculated from the date on which the competent authority notifies the National Immigration Agency, Ministry of the Interior (hereinafter referred to as National Immigration Agency)
III. If a foreign national has a criminal record in R.O.C. (Taiwan), his/her period of entry bans are as follows:
a. Having been sentenced by a court to imprisonment for 5 years or more shall be subject to an entry ban for 8 years;
b. Having been sentenced by a court to imprisonment for 3 years or more but less than 5 years shall be subject to an entry ban for 7 years;
c. Having been sentenced by a court to imprisonment for 1 year or more but less than 3 years shall be subject to an entry ban for 6 years;
d. Having been sentenced by a court to imprisonment for less than 1 year shall be subject to an entry ban for 5 years;
e. Having been sentenced by a court to imprisonment or punishment of greater severity in combination with a probation order shall be subject to an entry ban for 4 years;
f. Having been sentenced by a court to short-term imprisonment or a fine shall be subject to an entry ban for 3 years;
g. Having been sentenced by a court to short-term imprisonment, or fine under a probation, or having received a court judgment that the punishment shall be remitted, shall be subject to an entry ban for 2 years;
h. Having violated the Narcotics Hazard Prevention Act due to narcotic abuse and ruled by a court judgment to be observed or rehabilitated shall be subject to an entry ban for 5 years. If the prosecutor finds the offender has no tendency to continue narcotic abuse and has received a judgement of non-prosecution, he/she shall be subject to an entry ban for 3 years;
i. Having received a disposition of deferred prosecution or non-prosecution by a prosecutor shall be subject to an entry ban for 2 years. Nevertheless, if the provisions of Article 252 of the Code of Criminal Procedure are met, the foreign national will not be banned from entry.
A foreign national who meets the conditions of subparagraphs (e), (f), (g), or (i) of the preceding paragraph shall be subject to an entry ban for 5 years if he/she has entered a sham marriage.
The period of entry bans in the preceding two paragraphs shall start from the day following the foreign national’s departure.
Foreign nationals with criminal records abroad shall be subject to the provisions of preceding paragraphs 1 and 2, and the period of the ban on entry shall be calculated from the date the sentence is imposed.
IV. If a foreign national has overstayed his/her duration of visit/ residence, or worked illegally, the period of entry bans are as follows:
a. Overstaying his/her duration of visit/residence for less than one year shall be subject to a ban from entry for one year; overstaying for more than one year shall be subject to a ban from entry for a period equal to the length of the overstay, but the entry ban shall not exceed 7 years;
b .Working illegally shall be subject to a ban from entry for three years.
The period of the entry bans as described in the preceding paragraph shall start from the day following the foreign national’s departure.
V. Foreign nationals, who are suspected of posing possible threats to national interests of R.O.C. (Taiwan), public safety, public order, or are suspected of participating in terrorist activities, or have committed serious acts that infringe internationally recognized human rights, shall be banned from entry for a period prescribed as follows, and such cases shall be submitted to the Entry/Exit & Immigration Applications Review Committee of the Ministry of the Interior for review and approval, and shall be processed in accordance with the resolution of the Review Committee:
a. Members of terrorist organizations or involved in terrorist activities shall be subject to an entry ban permanently;
b. Suspects in major crimes and are wanted or notified to R.O.C. Taiwan by the International Criminal Police Organization or other foreign governments shall be subject to an entry ban for 10 years;
c. Involving in human trafficking cases shall be subject to an entry ban for 10 years;
d. Having a criminal record of sexual exploitation, sexual assault, sexual obscenity, pedophilia, or having engaged in child and juvenile prostitution or sex tourism shall be subject to an entry ban for 10 years. For those who are under the age of 18 and engaged in consensual sexual intercourse or obscene act shall not be banned from entry;
e. Members of drug trafficking organizations, unlawful gambling syndicates, and other cross-border criminal organizations shall be subject to an entry ban for 10 years;
f. Having engaged in forgery, alteration, or sale of passports or visas shall be subject to an entry ban for 10 years;
g. Having committed serious acts that infringe internationally recognized human rights shall be subject to an entry ban for 10 years;
h. Having been suspected of involving in minor criminal cases or offenses against the Social Order Maintenance Act and having been deported shall be subject to an entry ban for 2 years;
i. Posing possible threats to national interests of R.O.C. (Taiwan), public safety, or public order shall be subject to an entry ban for 2 to 5 years. If the threat is serious, the period of entry ban may be up to 10 years.
If a foreign national involved in a case referred to in subparagraphs (b), (c) or (h) of the preceding paragraph has been acquitted, or has received a disposition not to prosecute under Article 252 of the Code of Criminal Procedure, or has received a ruling of no penalty, the foreign national will not be banned from entry.
The period of entry bans in accordance with the preceding Paragraph 1 shall start from the day following the foreign national’s departure. If the circumstances in subparagraphs (a) to (g) and (i) of the preceding paragraph 1 occur abroad, the period of entry bans shall start from the day when competent authorities notifies the National Immigration Agency.
The Entry/Exit & Immigration Applications Review Committee may extend or shorten the period of entry bans of the subject from 1 to 3 years according to the circumstances of violations, numbers of violations and degrees of harms caused.
VI. If a foreign national escapes during the period of detention or deportation by the National immigration Agency in accordance with this Operation Directions, the period of entry ban in accordance with the provisions of Articles 2 to 5 may be increased to a permanent ban on entry.
VII. Foreign nationals who violate the same or different provisions of this Operation Directions, the punishment for each violation shall be carried separately, and the accumulated period of entry ban shall not exceed 20 years. The above condition does not apply to conditions prescribed in subparagraph 1, paragraph 1 of Article V or Article VI.
Foreign nationals who violate multiple provisions of this Operation Directions by a single act is punishable by the heaviest penalty.
VIII. Foreign nationals who are banned from entry due to overstaying their durations of visit/residence may be exempted from the ban if they meet one of the following conditions:
a. Having overstayed their durations of visit/residence for less than 91 days; however they shall not eligible for entering R.O.C.(Taiwan) via the visa-waiver scheme or landing visa program for 1 year;
b. Under the age of 18;
c. Students who are currently enrolled in a public school, or a private/international school that has been registered or established in accordance with the laws;
d. Having married to R.O.C. (Taiwan) nationals with household registration in the Taiwan Area (hereinafter referred to as NWHR) for at least 3 years, and a marriage registration has been completed in the Taiwan Area (hereinafter referred to as having completed marriage registration);
e. Having married with NWHR and completed marriage registration, and having biological children born to their spouses;
f. Having been reviewed and recognized by the National Immigration Agency that the circumstances are exceptional and should be considered based on humanitarian considerations, which is obviously excusable, and an entry ban may cause significant and irreversible damage.
IX. The ban on the entry of victims of human trafficking imposed as a result of being trafficked may be shortened or exempted.
X. Foreign nationals who have committed any as described in subparagraphs (a),(d),(e),(h),(i) of paragraph 1, Article II, or who have violated the criminal laws or regulations of R.O.C. (Taiwan) and have been sentenced to imprisonment for 6 months or less, short-term imprisonment, fine, exemption from punishment, probation, deferred prosecution, or non-prosecution in accordance with Article 252 of the Code of Criminal Procedure, may be exempted from entry bans or are eligible to apply for exemption of entry bans if they are married to NWHR and have completed marriage registration, and have biological children born to their spouses or have been married for 2 years or more.
Foreign nationals who hold and use passports or visas that have been illegally obtained, forged, or altered, or who use another person’s passport or a passport applied with a false identity may apply for exemption from entry bans if they are married to NWHR and have completed marriage registration, and have biological children born to their spouses or have been married for 4 years or more.
Foreign nationals, whose parents or spouses are NWHR, legally residing nationals without household registration in the Taiwan Area (hereinafter referred to as legally residing NWOHR) or foreign nationals legally residing in the Taiwan Area with Alien Permanent Resident Certificates (hereafter referred to as a permanent resident), may apply for reducing the period of entry ban by half, except for those who have been sentenced to imprisonment for three years or more as a final judgement.
If imposing entry bans in accordance with this Operation Directions will cause grave difficulty in living for their spouse, either parent, or biological children who have household registration in the Taiwan Area, the foreign national may apply for an exemption from entry bans.
XI. Foreign nationals who have been banned from entering due to overstay their duration of visit/residence or work illegally may apply for an exemption from entry ban if they marry NWHR and have completed marriage registration, or marry legally residing NWOHR/permanent resident and has a certificate of marital relationship, and meet any of the following circumstances:
a. Their spouses are suffering from a serious illness in the Taiwan Area;
b. His wife has been pregnant for over 21 weeks;
c. Having biological children born to their spouses;
d. Married before the entry ban is imposed and have been abroad for 1 year;
e. Married during the period of entry ban and has been married for over 1 year.
Foreign nationals who have been banned from entry due to overstaying their duration of visit/residence or working illegally may apply for exemption of entry bans if they meet one of the following conditions:
a. Have obtained the rights or has assumed the obligations to their biological minor child who is NWHR;
b. Have been granted a divorce by an R.O.C. (Taiwan) court due to domestic violence, and having biological minor children who is NWHR.
Foreign nationals who have been banned from entering due to overstaying their duration of visit/residence or working illegally may apply for reducing the period of entry ban by half if their biological child is NWHR or legally residing NWOHR/permanent resident.
XII. Foreign nationals who apply for reducing the period of entry ban by half or exemption of entry bans in accordance with Article X or paragraph 1, 3 of Article XI, shall submit the following documents to the National Immigration Agency through their spouses or relatives in the Taiwan Area:
a. Application form;
b. Copy of the passport of the subject;
c. Copy of Identification Card, R.O.C. (Taiwan) passport, Resident Certificate, or Alien Permanent Resident Certificate of the spouses, parents, or biological children in the Taiwan Area;
d. Other relevant supporting documents may include:
1. If the application is based on the ground that applicant’s spouse is severely ill, a critical condition notice or severe disability certificate issued by a hospital certified by relevant central health authorities shall be presented along with the application;
2. If the application is based on the ground that the applicant’s spouse has been pregnant for over 21 weeks, a medical certificate issued by hospital(s) and certified by relevant central health authorities, foreign public hospitals or foreign hospitals that specialize in medical check-ups of migrant workers and recognized by the relevant health authorities must be presented. If the application is based on the ground of premarital pregnancy, a no marriage relationship during conception certificate must be presented along with the application;
3. If the application is based on the ground that the applicant is married to NWHR with marriage registration and has a biological child born to his/her spouse, a copy of the child’s birth certificate or the R.O.C. (Taiwan) passport must be presented along with the application. For those who have obtained the status of a legitimate child in accordance with the laws of a foreign country, and the birth certificate of the legitimate child or the confirmation of the court judgment have been verified by the Ministry of Foreign Affairs, R.O.C. (Taiwan) embassy, diplomatic office, or representative office (hereinafter referred to as R.O.C. overseas missions), the original report on the DNA paternity test for their blood relation or no marriage relationship during conception certificate do not need to be presented along with the application;
4. If the application is based on the ground that the applicant’s spouse, parent, or biological children are legally residing NWOHR or permanent residents legally residing in the Taiwan Area, a copy of the certificate of kinship or marriage relationship shall be presented along with the application;
5. If the application filed on the grounds that the imposition of a ban on entry of the foreign national will cause grave difficulty in living for the foreign national’s spouse, either parent, or biological child who has household registration in Taiwan, the applicant shall also submit supporting documentations.
The document stated in the preceding paragraphs that are produced outside the Taiwan Area shall be processed according to the provisions of Paragraph 1,Article 41 of the enforcement Rules of the Act. If those documents are in a foreign language, the National Immigration Agency may request Chinese translations verified by R.O.C. overseas missions or certified by a domestic notary.
XIII. Foreign nationals who apply for an exemption from an entry ban pursuant to subparagraphs 2, Article XI shall submit the following documents to the National Immigration Agency:
a. Application form;
b. A copy of the applicant’s passport;
c. A court’s verdict or documents certifying the rights and obligations to their minor biological child;
d. Documents attesting that the applicant has biological minor children who are NWHR.
XIV. For the purposes of answering a summon issued by a judicial authority in a criminal case or serving a final and unappealable sentence, an alien who has been banned from entry may be permitted temporary entry to conduct litigation or serve the sentence in Taiwan after the National Immigration Agency has been notified of the matter. The duration of temporary entry shall be excluded from the calculation of the period of ban on entry.
XV. Foreign nationals or their foreign spouse, who has been banned from entry due to overstaying their duration of visit/residence or working illegally, may apply to be exempted from the entry ban if they possess specialized skills and experiences that have been recognized by central competent authorities as highly needed or difficult to be developed in the Taiwan Area in the short term.
XVI. Any alien, who applies for an exemption from an entry ban pursuant to article XV, shall submit the following documents to the National Immigration Agency:
a. A completed application form;
b. A copy of the applicant’s passport;
c. Certificated documents issued by the related central competent authorities;
d. Documents attesting to the marriage, if the applicant is a foreign spouse.
The document stated in the preceding paragraphs that are produced outside the Taiwan Area shall be processed according to the provisions of Paragraph 1,Article 41 of the enforcement Rules of the Act. If those documents are in a foreign language, the National Immigration Agency may request Chinese translations verified by R.O.C. overseas missions or certified by a domestic notary.
XVII. In cases where deportation orders are not to be granted by resolutions of the Deportation Review Committee, the subject shall be exempted from an entry ban.
XVIII. Cases in which foreign nationals have been banned from entering with a certain period based on resolutions of the Entry/Exit & Immigration Applications Review Committee may be processed in accordance with the provisions of Article X.