Amendments to the Immigration Act to Strengthen Immigration Management
- Date：
- Source：General Planning Section
- Hit：190
In order to create a high-quality and friendly immigration environment and strengthen immigration management, amendments to the Immigration Act was announced on June 28, 2023, with a revision of a total of 63 articles. The main focus of the revision is to loosen stay/residence regulations, strengthen rights of family reunification for marriage-based immigrants, and include additional unlawful deeds for punishment and increase penalties. The amended Act has been approved by the Executive Yuan and shall be implemented in two phases.
2. Main contents of the first phase (effective as of January 1, 2024)
I. Enhancing the protection of immigrants’ human rights–the right of family reunification.
In order to safeguard rights of families reunification of immigrants and the best interests of children, provisions have been added that if foreign nationals whose Taiwanese spouse are deceased and have factual custody or in regular contact with their under-aged children with R.O.C. (Taiwan) nationalities may apply for residence with visitor visas. In addition, in order to protect residential rights of foreign spouses who have experienced domestic violence which resulted in divorce, their residence permits will not be terminated, whether they have under-aged children residing in Taiwan or protection orders issued by the court or not. (Amended Articles 23 and 31)
II. Relaxing stay and residence regulations to attract high-quality talents
i. Nationals without household registration in the Taiwan Area (NWOHR) who enter Taiwan with valid R.O.C. (Taiwan) e-passports may be exempted from applying for entry permits. The previous requirement for NWOHR to legally stay continuously for over 7 years to be eligible to apply for residence has been reduced to 5 years, with a minimum annual residence of 183 days. In addition, R.O.C. nationals’ children who were born overseas and entry Taiwan with R.O.C. (Taiwan) passports can apply for registered permanent residence without age limits. (Amended Articles 5, 9 and 10)
ii. Foreign specialized professionals who enter Taiwan with visitor visas or under the visa-exempt scheme may directly apply for their ARC at National Immigration Agency (NIA) service centers without re-apply for resident visas at the Ministry of Foreign Affairs. The same applies to their spouses and children. (Amended Article 23)
iii. Foreign individuals who have made significant contributions to Taiwan, possess high-level professional expertise, have received top awards in their respective fields, or are investment immigration applicants may apply for permanent residence together with their spouses and children who under 18 years old or with disabilities. (Amended Article 25)
3. Main contents of the second phase (effective as of March 1, 2024)
I. Strengthening people flow management by including additional unlawful deeds for punishment and amending detention regulations
i.In order to prevent foreign nationals from overstaying in Taiwan and engaging in illegal activities that endanger social security, the fine for overstaying has been increased from the current NT$2,000~NT$10,000 to NT$10,000~NT$50,000, and the maximum duration of prohibition from entering Taiwan has been revised from 3 years to 7 years. (Amended Article 74-1)
ii.Those who matchmake foreign nationals to engage in activities that are inconsistent with reasons of their permitted visit or residence shall be subjected to a fine of NT$200,000~NT$1 million; those with intent to facilitate or aid overstaying foreign nationals to engage in illegal activities, harbor or cause the concealment shall be subjected to a fine of NT$60,000~NT$300,000. In addition, to strengthen border safety, those who illegally have foreign nationals or NWOHR enter Taiwan shall be subjected to a fine of up to NT$1 million and imprisonment for 1~7 years. (Amended Article 72-1 and 74-1)
II. Ensuring enforcement of deportation procedure
Those who violate conditions of the alternative to detention program may be detained again, and the period of repeated detention shall be recalculated. In addition, if the NIA cannot enforce deportation orders due to force majeure events, the NIA may re-extend detention periods in accordance with the amended articles. (Amended Articles 38-4 and 38-8)
4. Conclusion:
After the newly amended Immigration Act took into force, the protection of human rights and the maintenance of social security will be better balanced. The NIA has taken suggestions from all perspective, made a comprehensive review of current practical issues, and enacted relevant sub-laws to make regulations more comprehensive. In addition, the NI A has also actively developed supporting measures and organized multiple trainings to improve law enforcement expertise of immigration officers to create a friendlier environment for immigrants and foreign talents.