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FAQ

National Immigration Agency


　Question 1:

I would like to help my son apply for settlement. He applied for a ROC passport in San Francisco last year, but did not apply for a temporary entry/exit permit. Is your office in charge of application for temporary entry/exit permit? My questions are: 
（１）Can I apply for temporary entry/exit permit in the Taiwan Areas?
（２）If the application has to be done at ROC consular offices overseas, may I do it at the China Travel Agency in Hong Kong?


　Answer 1:

  1. The temporary entry/exit permit attached on an ordinary passport is issued to nationals without household registration in the Taiwan Areas and applied at ROC consular offices abroad. Therefore, if your son has yet to enter the country, he may apply at ROC consular offices abroad, including the China Travel Agency in Hong Kong.
  2. Your son will not need to apply for a temporary entry/exit permit if he has completed remedial entry procedures at the airport upon arrival and now is applying for settlement, though he entered the country using a ROC passport without a temporary entry/exit permit on it. On the other hand, your son shall apply for a temporary entry/exit permit at a ROC consular office abroad after he leaves the country, if he entered the country using a foreign passport. In short, the temporary entry/exit permit cannot be applied in Taiwan Areas.  

　Question 2:

My child is a US citizen, currently 8-month old, and he entered the country using a ROC passport, instead of his US passport with a ROC visa. Can the immigration official at the airport stamp an “exit” mark on his US passport the next time we leave the country using his US passport?

　Answer 2:
  1. In accordance with Article 6 of the Foreign Passport Visa Regulations, issued by the president on 22 January 2003, individuals with foreign passports, except for those who are allowed to enter into the country without visas, enter the country only if they have a valid visa. Article 7 of the same law states that the Ministry of Foreign Affairs shall be responsible for specifying the validity duration of the visa, the length of stay, and the frequency of entry allowed for the various types of visas.
  2. In keeping with the prior regulations, the Ministry of Interior promulgated a regulation, Neichingtzh No. 8981061 on 7 January 2000, which states that the foreign passports of individuals holding dual citizenship may be stamped an inspection seal if their foreign passports have a valid visa and the holder’s duration of stay must conform to the limit regulated in the visa. As for those who do not need visa to enter the country shall come from visa-exemption nations and the duration is 30 days. The law has been implemented on a loose basis since 1 July 2000, allowing individuals with dual citizenship to apply for visa at ROC consular offices abroad. 
  3. Your son/daughter used their ROC passports to enter the country. The length of his stay in the country shall conform to the length of stay specified in the valid visa on their foreign passports. Furthermore, they enter and exit from the same airport or harbor, they may request the immigration official to stamp “entry” and “exit” on their foreign passports. If they do not have a valid visa or have overstayed their visa, the immigration official shall not stamp “entry” and “exit” their passports when they leave the country. As for US passports, if there is no valid visa, the length of stay is limited to 30 days.

　Question 3:

My younger sister is an Overseas Chinese from India; she would like to petition to come to Taiwan
for joining family. May her spouse and children be included in the petition?

　Answer 3:

In accordance with Subparagraph 1, Paragraph 1, Article 9 of the Immigration Act, petitioners who have lineal relatives, spouses or siblings who are ROC nationals, may apply for residency in the Taiwan Areas. Also, Paragraph 2 of the same article, which states that their spouses and minor children may be included in the petition, except Subparagraph 8 to 10 of the preceding paragraph. But, those who do not come with petitioners may apply for their residency after petitioners enter into the country. When petitioners’ residential qualifications are revoked, the permits of their spouses and children are revoked as well. This is why your sister, your brother-in-law, and your niece may apply for residency at the same time. As for the required documents submitted to apply for residency, please see Articles 12 of the Immigration Act, and Article 14 and 15 of the Enforcement Regulations of the Immigration Law. After living in the country for a specific of time, please see Article 27 of the Enforcement Regulations of the Immigration Act, they may apply for settlement in the country and register household registration.


　Question 4:

I am planning to adopt a Vietnamese child, what are the procedures for this endeavor? What agency is responsible for the accreditation and approval of the said adoption?

　Answer 4:
  1. The adoption shall be applied to courts in Taiwan for verdict, and registered at Household Registration Offices. If the adopted child was born of Taiwanese parents, they may apply for residency in accordance with Subparagraph 1, Paragraph 1, Article 9 of the Immigration Act, which states that petitioners who have lineal relatives, spouses or siblings who are Taiwanese citizens, or kinsfolk relationship come from adoption that the adopted child must be under the age of 10 and limited to only one adoption. Also, in accordance with Articles 14 and 15 of the Enforcement Regulations of the Immigration Act, they may apply for settlement after living in the country for a specific of time and register household registrations (please see Article 27 of the Enforcement Regulations of the Immigration Act).  
  2. If the child to be adopted were born of Vietnamese parents (foreigners), they shall apply for an Alien Resident Certificate when they enter the country. Those adopted children shall reside in the country for more than 183 days each year for three consecutive years to make them eligible for naturalization (please refer to Article 4 of the Nationality Law). After they have acquired the ROC nationality and resided in the country for a specific of time, they may apply for settlement in the country.
　Note:
  1. The sufficient documents for proving the ROC nationality are as following: the ROC passport, transcript of the entry permit, overseas Chinese registration certificate (please attach birth certificate and father’s proof of nationality) or certificate of former military personnel issued by the Ministry of National Defense.
  2. There is a limited number of Vietnamese nationals allowed to apply for residency in the Taiwan Areas—the quota is 120 people annually for those who have lineal relatives who are ROC nationals, including present application cases.

　Question 5:

My spouse is Indonesian who has been in Taiwan for almost two years. Our daughter was born in the early March this year. Can my wife go directly to the Neihu Household Registration Office to apply for a ROC ID card?

　Answer 5:

In accordance with Subparagraph 1, Paragraph 1, Article 4 of the Nationality Law, the spouse of a ROC national who legally stays in the country for more than 183 days each year for three consecutive years may apply for naturalization. Therefore, after holding an Alien Resident Certificate for three consecutive years, the spouse may apply to the Household Registration Office for naturalization. After petitioners have acquired the certificate of the quasi ROC nationality, they may apply to their home country for renouncing their nationality, and then apply for naturalization at the local Household Registration Office. Acquiring the ROC nationality, petitioners may apply for settlement in accordance with Article 16 of the Enforcement Regulations of the Immigration Act. After living in the country for a specific of time (please refer to Article 27 of the Enforcement Regulations of the Immigration Act), they may apply for a ROC ID card and register household registration.


　Question 6:

My son was born on 4 June 1986 in the US, and he came back to Taiwan using his US passport before reaching the age of going to school. If I want to apply for ROC nationality for him, how should I do?

　Answer 6:

Your son was born in 1986 and used his American passport to enter the country. If he is a national without household registration, namely overseas Chinese, who wants to apply for ROC nationality (please refer to Subparagraph 1, Paragraph 1, Article 9 of the Immigration Act, which states that: petitioners who have lineal relatives, spouses or siblings who are ROC nationals, they may apply for residency in the country). Therefore, they shall exit the country using their foreign passports (please refer to Article 12 of the Immigration Act), then apply to the residential ROC representative. After obtaining a ROC passport, petitioners must enter Taiwan using that passport and then apply for residency at the local service center of the National Immigration Agency. Required documents please refer to Articles 14 and 15 of the Enforcement Regulations of the Immigration Act. After living in the country for a specific of time (please refer to Article 27 of the Immigration Act), then petitioners may apply for settlement in the country and register household registration.


　Question 7:

A male Canadian and a female Taiwanese had a baby in Canada, is the baby considered a ROC national? If he wants to apply for ROC nationality, does he have to give up his Canadian nationality? Will he be given the right to vote and required to serve military service?

　Answer 7:

In accordance with Subparagraph 1, Paragraph 1, Article 2 of the Nationality Law, the child of a male Canadian and a female Taiwanese may possess ROC nationality if one or both parents possess ROC nationality when the child was born. Those children, who were born abroad, apply for household registration and settlement shall be in accordance with Article 10 of the Immigration Act. The eligible petitioners are:

  1. Petitioners, born abroad and under 12, entered the country using a ROC passport, with one or both parents possessing ROC nationality at the time of the petitioner’s birth.
  2. Petitioners, born abroad and under 12, entered the country using a foreign passport, with  both parents possessing ROC nationality at the time of the petitioner’s birth.

Submit the documents below and apply for settlement certificate at the local service center of the National Immigration Agency and the processing procedures take five weekdays, then register at  the Household Registration Office.
（１）one application form and one photograph.
（2） The original and one photocopy of birth certificate verified by the ROC Missions abroad, the original shall be examined and returned immediately.
（３）The original and photocopy of passport, the original shall be examined and returned immediately.
（４） One copy of the household registration or ID card of the petitioner’s mother ( petitioners must enter the country using a valid ROC passport).
（５）Certificate of physical examination (not applicable for children below six).
（６）Certificate fee of NT$400 and attached an envelope of registered mail.

　Note:
  1. When the parents of the child have not registered marriage registration in Taiwan Areas or the column for father’s name in the birth certificate is blank, these cases shall be considered as an unwed birth and the child shall take the mother’s surname.   
  2. After registering household registration in the Taiwan Areas, the applicant who wants to go abroad shall apply for a ROC passport with the ID number to the Bureau of Consular Affairs, the Ministry of Foreign Affairs and the processing procedures take four weekdays.
  3. When the child was born of one or both parents holding ROC nationality, they do not need to apply for naturalization (giving up nationality) when they apply for registering household registration.
  4. In accordance with Article 17 of the Constitution, the basic national rights include the right of election, recall, initiation, and referendum. As for the obligation to serve military service, pursuant to Article 20 of the Constitution, male nationals are obliged to serve mandatory military service. For individuals holding dual nationalities, military conscription shall be governed in accordance with the Conscription Regulations for Returning Overseas Chinese.  

　Question 8:

How do I apply or extend the Alien Resident Certificate for a foreign laborer?

　Answer 8:


Undertakers: 25 service counters of the NIA nationwide.
Method: filling out an application form.
Inspected documents include:

  1. Passport with resident visa or re-entry permit.
  2. First-time entrants: original and photocopy of the CLA permit (original shall be inspected, then returned), certificate of employment (with company and proprietor seals), and fingerprint card.
  3. For applicants who want to renew their ARC: certificate of employment permit issued by the CLA, certificate of in-service, and company’s reference letter.
  4. Recent 2-inch x 2-inch front and half-length photo without head covering (2 photos for first-time entrants, 1 for those who renew their ARCs). 
  5. Documentation fees: NT$1000 for each year.
　Note:
  1. Domestic helpers and caregivers who are first-time applicants shall apply for the Alien Resident Certificate in person.
  2. When foreign workers have completed their contracts, but they have yet to obtain the permit of extension employment issued by the Council of Labor Affairs, the employer may submit the following documents to apply for advance extension:

    3. （1）Letter of receipt of documents from the CLA.
    （2）Certificate of physical examination from the Department of Health.
    （3）Photocopy of guarantee money warranty.
    （4）Roster of employed foreigners.
    （5）Photocopy of Alien Resident Certificate.
    （6）A return envelope of registered mail.

 

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