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A pregnant foreign caretaker gives birth during the validity of work in the R.O.C. and the biological father of the child (the spouse of said foreign caretaker) works in the R.O.C. at the same time. Can the application for residence of relations apply to said child?

  • Source:National Immigration Agency, Ministry of the Interior
  • Date:2010/10/1
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1. By law:
1.1 In terms of article 44 of the Regulation on Permission and Administration of the Employment of Foreign Workers, a foreigner engaged in the occupations prescribed in items 8-10 of paragraph 1 of article 46 of the Act may not apply for residence with one’s family. However, this does not apply to a foreigner able to raise one’s child born in the R.O.C. during the employment.
1.2 In terms of article 26 of the Immigration Act, a foreigner born in the R.O.C. shall apply for an ARC within 30 days from the next day of birth.

2. The current operation defines that a child born in the R.O.C. with either father or mother as a resident alien may apply for an ARC. Thus both foreign workers shall acquire both a certificate of marriage authenticated by an overseas mission and a certificate of birth of the child born in the R.O.C. prior to the application for an ARC of said child.

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  • Updated: 2011/3/22 15:40:00