Do I have to leave Taiwan if I divorce?

Procedures, processes, and the legal basis for divorce in Taiwan, including all related problems and pitfalls, child custody, alimony payments, abandonment, extra-marital affairs, and other complications...
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Do I have to leave Taiwan if I divorce?

Postby alan_m8 » 02 Jun 2009, 03:07

What happens if one divorces while living in Taiwan? Would the foreign partner have to leave Taiwan and return home? Or is one given any rights after so many years of living and being married in Taiwan?

I think in England foreigners can stay in the country permanently after two years of marriage even if it ends in divorce. I think it would be unfair if one had to leave after having built a life there. Does anyone know the rights we would have there?
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Re: Do I have to leave taiwan if i divorse ??? any help please

Postby Dr. McCoy » 28 Nov 2009, 01:12

That's an interesting question. I am interested in finding out too.
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Re: Do I have to leave taiwan if i divorse ??? any help please

Postby Mucha Man » 28 Nov 2009, 01:17

You may have to leave but the decision is up to the immigration department from what I have read. They can agree to let you stay till the end of your ARC. But they don't have to.

In general, if you are on an ARC or ARC based on marriage then yes you don't have many or any rights after a divorce. if you've been here a while you should apply for a APRC. If you divorce you still have the right to stay.
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Re: Do I have to leave taiwan if i divorse ??? any help please

Postby TheLostSwede » 28 Nov 2009, 01:22

I think the only chance you got to stay is if you've been here for five years and have paid taxed during that time so you can get an APRC. Taiwan doesn't seem to offer any other ways that would allow a foreigner to stay here if they divorce from what I've seen.
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Re: Do I have to leave taiwan if i divorse ??? any help please

Postby bismarck » 28 Nov 2009, 02:11

TheLostSwede wrote:I think the only chance you got to stay is if you've been here for five years and have paid taxed during that time so you can get an APRC. Taiwan doesn't seem to offer any other ways that would allow a foreigner to stay here if they divorce from what I've seen.

And, if you've been married for 3 years you can apply for naturalization.
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Re: Do I have to leave taiwan if i divorse ??? any help please

Postby Dr. McCoy » 28 Nov 2009, 10:39

Thanks
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Re: Do I have to leave Taiwan if I divorce?

Postby TheLostSwede » 30 Nov 2009, 01:49

This was mostly discussed before viewtopic.php?f=66&t=65293
albeit in a slightly different form...
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Re: Do I have to leave taiwan if i divorse ??? any help please

Postby Satellite TV » 30 Nov 2009, 22:59

bismarck wrote:
TheLostSwede wrote:I think the only chance you got to stay is if you've been here for five years and have paid taxed during that time so you can get an APRC. Taiwan doesn't seem to offer any other ways that would allow a foreigner to stay here if they divorce from what I've seen.


And, if you've been married for 3 years you can apply for naturalization.


Or if you have children I believe you are allowed to reside here. Need to check with the NIA though.
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Re: Do I have to leave Taiwan if I divorce?

Postby itakitez » 01 Dec 2009, 10:20

So, also a little further question

If for instance you had a mortgaged property and JFRV visa, what would happen if the taiwanese citizen was no longer with us?

1. would the bank call in the loan despite constant repayments? I cant see how they could keep a mortgage against someone who was not alive, so if you couldnt pay it off in one chunk, would you lose the house?

2. would you also lose your visa status? is this effected by gender (ie, female join the family so foreigner female would be retained, but males dispatched?)

ie, would you be dealt a triple wammy in event of an unfortunate accicent (like scooter crash/...) lose spose, visa, job, house...
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Re: Do I have to leave Taiwan if I divorce?

Postby bismarck » 01 Dec 2009, 15:58

itakitez wrote:So, also a little further question

If for instance you had a mortgaged property and JFRV visa, what would happen if the taiwanese citizen was no longer with us?

1. would the bank call in the loan despite constant repayments? I cant see how they could keep a mortgage against someone who was not alive, so if you couldnt pay it off in one chunk, would you lose the house?

2. would you also lose your visa status? is this effected by gender (ie, female join the family so foreigner female would be retained, but males dispatched?)

ie, would you be dealt a triple wammy in event of an unfortunate accicent (like scooter crash/...) lose spose, visa, job, house...

If your spouse died you would have options. Worst case scenario on a house would be that you could continue but may need someone (a brother or other relative of your spouse, Taiwanese friend) to co-sign. I would think the bank would be flexible, especially if you could show you had been the party paying the mortgage all along.

And, as SatelliteTV said, in the event of a death or divorce, if you had kids you could still petition to stay on a JFRV.
And there are other option available, like an APRC or a work related ARC.
But with the help of family and the HHR Office, in the case of a death, I'm pretty confident you could work things out. I have found trips down to the HHR Office to be very useful, as they are usually much more keen on helping and finding a solution than NIA tends to be.
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