REGULATIONS GOVERNING VISITING,RESIDENCE AND PERMANENT RESIDENCE OF ALIENS
Amended and promulgated by Order Tai-Nei-Ching-Tzu No.0910004233 of the Ministry of the Interior on July 15, 2002
Article 1
These regulations are formulated in accordance with Article 33 of the Immigration Act (hereinafter referred to as "the Act").
Article 2
When residing within the territory of ROC, aliens aged 14 and over are required by paragraph 1 of Article 26 of the Act to carry with them passports, Alien Resident Certificates or alien permanent resident certificates. When the above-mentioned certificates and documents are not available, aliens should carry with them other documents of identification accepted by the Authority.
Article 3
The allowed period of stay for aliens, when entering into ROC with visitor visas or through the visa-exemption, starts from the next day of their entry into ROC. Aliens must leave the country before the expiration date of the above-mentioned period of stay. According to paragraph 1 of Article 29 of the Act, application for extension of visiting can be submitted, with proper documents of proof, to the Authority for approval within 15 days before the allowed period of stay expires. Each extension must not exceed the original duration granted on the visitor visas, with a maximum stay of six months. Application for extension over six months due to reasons of force majeure or other major incidents must be submitted to the Authority for approval. Aliens entering into ROC through visa-exemption, when unable to leave the country before the visa-exemption period due to force majeure reasons or other major incidents, must apply for a visitor visa from the Bureau of Consular Affairs of the Ministry of Foreign Affairs or its branch offices.
Article 4
Aliens holding resident visas or conforming to any of the subparagraphs in Article 24 of the Act must apply for Alien Resident Certificates from the Authority within 15 days from the next day of their arrival or the occurrence of the circumstance. The term of the residence starts from the next day of the arrival or the occurrence of the circumstance. Aliens born in ROC are entitled to apply for Alien Resident Certificates, with such application to be submitted through their parents, guardians or institutions related to children welfare. Aliens, when their Alien Permanent Resident Certificates are revoked in accordance with subparagraph 4 of Article 31 of the Act, are entitled to apply for Alien Resident Certificate if their residence is still valid.
Article 5
When applying for Alien Resident Certificates, aliens must submit the following documents with two current, full-face photographs of themselves to the Authority: 1. Application Form for Alien Resident Certificate 2. Passport and resident visa 3. Other relevant documents Passport and resident visa are not required if the application conforms to subparagraphs 1 to 3 of Article 24 of the Act.
Article 6
"Diplomats and their attaches" prescribed in subparagraph 1 of paragraph 1 of Article 25 of the Act refers to those who are holding diplomat IDs, exequaturs, staff IDs of a consulate and diplomatic mission, or attache IDs issued by the Ministry of Foreign Affairs of ROC. "Officials and their entourage of foreign or international institutions" prescribed in subparagraph 2 of paragraph 1 of Article 25 of the Act refers to those who are holding Official IDs, staff IDs or entourage IDs issued by the Ministry of Foreign Affairs of ROC.
Article 7
The term of stay granted on the Alien Resident Certificate for the following aliens are determined by their purposes of residence, with a maximum period of three years: 1. Persons in charge or branch office managers for foreign companies approved by ROC in accordance with Incorporation Act. 2. Foreign investors or the representatives of foreign legal investors whose investment activities in ROC are approved by the competent authorities. 3. Aliens approved by the competent authorities to work or practice in ROC. 4. Researchers, advisers or teachers in schools and academic/research institutions approved by the competent authorities.
Article 8
The term of residence granted on the Alien Residence Certificate for the following aliens is determined by their purpose of residence, with a maximum period of one year: 1. Aliens enrolled in a Mandarin Center affiliated with schools or universities approved by the educational authorities. 2. Aliens approved by the educational or competent authorities to study or receive training in ROC. 3. Other aliens with needs of residence in ROC.
Article 9
When applying for an Alien Resident Certificate, aliens dependent to their relatives in ROC are entitled to receive the same term of residence as their relatives; in cases where the relative is a ROC citizen, the granted term of residence may not exceed a maximum of three years.
Article 10
When applying for an extension of residence in accordance with paragraph 1 of Article 29 of the Act, aliens must submit relevant documents of proof to the Authority for approval within 15 days prior to the expiration date of the Alien Resident Certificate.
Article 11
Aliens, when there is a change to their purpose of residence in ROC, are required to reapply for a resident visa from the Bureau of Consular Affairs of the Ministry of Foreign Affairs or its branch offices within 15 days after the actual change takes place, before they can apply for another term of residence from the Authority.
Article 12
When applying for an Alien Permanent Resident Certificate in accordance with paragraph 1 of Article 23 of the Act, aliens must submit the following documents with two current, full-face photographs of themselves to the Authority: 1. Application Form for Alien Permanent Resident Certificate 2. Passport 3. Alien Resident Certificate or other legal proof of residence 4. Satisfactory health examination report 5. Tax returns or tax exempt certificates within the last three years 6. Certificate of assets or special skills 7. Police record issued in ROC and the applicant's country within the last five years 8. Other relevant documents or proof The check-up items for the satisfactory health examination reports listed in subparagraph 4 of the above paragraph are regulated in accordance with the required health examination items formulated by the Department of Health of ROC.
Article 13
The proviso term of each departure in subparagraph 4 of Article 31 of the Act is for a maximum of two years.
Article 14
In accordance with Article 32 of the Act, aliens, who wish to reenter ROC after their departure during the valid term of residence, are required to apply for a reentry permit from the Authority before they leave ROC. The reentry permits referred to in the previous paragraph are of two types, multiple reentry and single reentry. Aliens may apply for the reentry permit at the time when they submit their application for an Alien Resident Certificate. The valid term of the reentry permit may not exceed the term granted on the Alien Resident Certificate. The reentry permit is considered revoked or cancelled if the Alien Resident Certificate has been revoked or cancelled. Aliens holding an Alien Permanent Resident Certificate can reenter ROC with the Alien Permanent Resident Certificate and a valid passport.
Article 15
When an alien is found to conform to any subparagraphs of Article 34 of the Act, he or she must leave ROC within seven days after being notified by the Authority.
Article 16
When an alien dies within the territory of ROC, the party concerned with the deceased, or the institution representing the country of the deceased in ROC is required to report such death to the Authority, or the Authority may make such registration directly after the death is investigated and confirmed. The Authority, after registering the death mentioned in the previous paragraph, shall notify the institution in the place of the central government governing inheritance tax of the deceased.
Article 17
Aliens, when their deportation from ROC is prohibited due to their being rejected by the country of origin or other countries, may be issued an Alien Record Registration Temporary Certificate by ROC after being limited their domiciles or added other conditions. The census and registration regulations of ROC governing residence or permanent residence of aliens are applicable to the aliens mentioned in the previous paragraph.
Article 18
Before the Immigration Administration under the Ministry of the Interior has been established, the National Police Administration will be responsible for enforcing paragraph 2 of Article 2, the proviso item of paragraph 2 of Article 3, Article 12, paragraph 1 of Article 17, and Article 31 of the Act; the local police bureau with jurisdiction over aliens is authorized to deal with affairs related to the first portion of paragraph 2 of Article 3, paragraph 1 of Article 4, Article 5, Article 11, Article 12, paragraph 1 of Article 14, Article 16, and Article 30 of the Act. Article 15 as well as Article 34 of the Act are the responsibility of the National Police Administration or the local police bureau with jurisdiction over the aliens.
Article 19
These Regulations take into effect from the date of promulgation.
