Conscription Regarding Overseas Chinese

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Conscription Regarding Overseas Chinese

Postby DDL980 » 29 Sep 2008, 11:32

Ok Put it this way it's simple.

Conscription is pretty much automated and automatic if you're a Taiwanese Citizen. If you got no green card the only way you escape Military Conscription is via going to University or studying for a masters degree.


For those that have overseas Chinese status and permanent residence abroad with a Green card. You have to leave once every four months.

United States or any other foreign passports if you were born before 1984 it's 1.) Lived here for a whole one year. 2.) You cannot stay over 4 months three times(So you can use the ARC excuse twice but on your third shot you gotta do the 4 month rule. When this happens I advise you to just go home and reapply for your TW passport if you want to work in Taiwan. Since you no longer can stay in the country for nearly a year at time and plus ARCs you need to subject yourself to higher taxes and paying to renew it.)

If you were born on 1985 you cannot have a total of 183 days of residence in Taiwan within the past two years. This is what I can gather fromt he conscription laws. If you want go call TECO. But they might even give you bullshit anwsers. Even though leaving every 4 months is a pain in the ass. You can look on the bright side and see it as a chance to travel.
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Re: Conscription Regarding Overseas Chinese

Postby DDL980 » 01 Oct 2008, 02:46

I have read on previous posts the embassies or TECO says this and that. Pretty much I'll say this....what TECO says does not exist ON PAPER. There is nothing written on paper saying they won't draft people with ARCs or they won't draft you as long as you don't overstay your visa.

What exists on paper this 1984 or before. 1.) One full year 2.) 3 visits that go over 4 months.
1985 or after two visits cannot be more than 183 days cumulative.

TECO may tell you "Oh yeah don't overstay your visa." But guess what..what TECO says does NOT EXIST ON PAPER as a law. THe above conscription rule does. So til 2013 have fun guys and stay alert or else you're going to waste at least a year.

For all Dual nationals and green card holding ROC passporters good luck.
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Re: Conscription Regarding Overseas Chinese

Postby Buttercup » 01 Oct 2008, 03:37

Wow, so Taiwanese people can have dual citizenship without doing Military service as long as they run away every four months? Staggering. Why?

How do you get a Taiwanese passport?
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Re: Conscription Regarding Overseas Chinese

Postby DDL980 » 01 Oct 2008, 12:01

Yes now understand the reason you don't serve in the Taiwan military is because you live and work somewhere else. But if you come back to Taiwan they will see that as rejoining the fold and people that rejoin must do military service like everyone else until 2013 when TW will adopt an all volunteer army.

Even if you become a US or Canadien citizen your renouncement of the ROC citizenship is not acknowledged until you are 40. To get a ROC passport just go to your local TW de facto embassy in your HOME country.(Don't apply for it in TW you're going to drafted).

Bring proof that you are ROC citizen, Birth certificate, expired ROC passport, Make sure you get overseas Chinese Status on your ROC passport (To get this you need proof of residence or/and your foreign passport this is important if u are not overseas Chinese you are a local and locals get drafted. ).
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Re: Conscription Regarding Overseas Chinese

Postby Fido » 03 Oct 2008, 18:08

So returning with Overseas Chinese and leaving 4 months is the only way to avoid conscription then. I've asked and it seems even if you go back with Canadian Passport/US passport you're still subject to conscription as you're still liable for duties as a Taiwanese citizen
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Re: Conscription Regarding Overseas Chinese

Postby DDL980 » 05 Oct 2008, 19:06

4 months yes. With a US or Canadian passport you will NEED AN ARC. With an ARC you need to stay under one year.

But with the ARC you can only go over 4 months two times. Your third visit cannot exceed 4 months.

So if you have two visits 11 months 11 months. Your third visit and every visit after that cannot be more than 4th months.

simply put with an ARC you need to fly out once before a year arrives.(364 days). But you can only do that twice.
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Re: Conscription Regarding Overseas Chinese

Postby Tony the Tiger » 04 Dec 2008, 02:43

I am a overseas Chinese. I was born in Taiwan, immigrated to the USA when I was very little. Now I have come back to Taiwan using my American passport to study Chinese.

I just found out about the 183 days/2 year rule for those born on or after 1985.
"If you were born on 1985 you cannot have a total of 183 days of residence in Taiwan within the past two years."

Is there any possible way that you could side step or delay this rule? Anyway what so ever?

One thing I read was that if you are here studying Chinese(enter with a student visa) then the duration that you study for in Taiwan will not count towards the 183 days. The 183 days starts counting only AFTER you have completed your studies. Can anyone confirm?
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Re: Conscription Regarding Overseas Chinese

Postby Satellite TV » 07 Dec 2008, 02:03

Tony the Tiger wrote:I am a overseas Chinese. I was born in Taiwan, immigrated to the USA when I was very little. Now I have come back to Taiwan using my American passport to study Chinese.

I just found out about the 183 days/2 year rule for those born on or after 1985.
"If you were born on 1985 you cannot have a total of 183 days of residence in Taiwan within the past two years."

Is there any possible way that you could side step or delay this rule? Anyway what so ever?

One thing I read was that if you are here studying Chinese(enter with a student visa) then the duration that you study for in Taiwan will not count towards the 183 days. The 183 days starts counting only AFTER you have completed your studies. Can anyone confirm?


the 182 days starts from when you entered Taiwan. By the way youa re still Taiwanese... just do the draft... the time passes quickly and you get free fod and board :D
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Re: Conscription Regarding Overseas Chinese

Postby wilsingham » 11 Dec 2008, 10:34

What exactly is the legal definition for "Overseas Chinese?"

I immigrated with my parents to the U.S. when I was 9 years old. I have lost my old out-dated Taiwwan passport to hurricane katrina-house was flooded. Don't have ROC National ID. And according to Taiwanese law, I don't really have a Hukou either (since according to law, if you leave Taiwan more tha 2 years, the government automatically changes your hukou to "left the country" status and you have to enter Taiwan with a Taiwanese passport to begin Hukou reactivation procedures).

I know you can get an "Overseas Chinese" status stamped on your Taiwan passport.

But in my case, would I be considered "Overseas Chinese?" And would I be in danger of being drafted if I work in Taiwan with ARC? Thanks!
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Re: Conscription Regarding Overseas Chinese

Postby Turtleman » 26 Dec 2008, 14:47

DDL980 wrote:4 months yes. With a US or Canadian passport you will NEED AN ARC. With an ARC you need to stay under one year.

But with the ARC you can only go over 4 months two times. Your third visit cannot exceed 4 months.

So if you have two visits 11 months 11 months. Your third visit and every visit after that cannot be more than 4th months.

simply put with an ARC you need to fly out once before a year arrives.(364 days). But you can only do that twice.


Let me get this straight, if you're born before 1984, oveseas Chinese (born in Taiwan) with foreign passport can stay in Taiwan for 364 days with an ARC & work? This can be done twice (your 11 and 11 example) and then all subsequent visits must be the four months? This will last until 2013 or age of 36? What about enetering with an ROC passport?

If I'm 36, I do not need to concern myself with all these hoops? Correct? I can live and work freely with either my foreign passport & ARC or my ROC passport & ID? Or are there restrictions still?


Cheers,
JJ


P.S. Here's a thought. If you don't have an expired ROC passport, ROC ID, copy of Hou kou or even a Chinese name, how can you or ROC officials prove you're Taiwanese/ROC? Cause on Canadian passports, we have the option of leaving Place of Birth blank.
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