[JFRV] No Work Permit Needed .... law Change (May 2003)

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Re: Work permit needed for JFRV?

Postby Big Fluffy Matthew » 19 Mar 2004, 16:39

mixmaxtw wrote:thanx for the link. But it says, that you need a APRC... so that means minimum of 5 years. But I'm only married for 3 years, so I still need a work permit?
I'm asking because my work permit just expires this month and my company wants to apply a new one for me... I thought I don't need but they say I do.
No, you just need a JFRV (Joining family residence visa) to be able to work where you like.
Er.... thingy.
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Postby Bu Lai En » 24 Mar 2004, 22:27

I'm asking because my work permit just expires this month and my company wants to apply a new one for me... I thought I don't need but they say I do.


Right. The law says you don't need a work permit as long as you have a JFRV, but the Ministry of Education says you need one anyway (if you're a teacher). What can you do about it?

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Re: Work permit needed for JFRV?

Postby mixmaxtw » 29 Mar 2004, 15:12

Big Fluffy Matthew wrote:
mixmaxtw wrote:thanx for the link. But it says, that you need a APRC... so that means minimum of 5 years. But I'm only married for 3 years, so I still need a work permit?
I'm asking because my work permit just expires this month and my company wants to apply a new one for me... I thought I don't need but they say I do.
No, you just need a JFRV (Joining family residence visa) to be able to work where you like.


Well, I got a more detailed answer now from my company's HR department:
In general it depends somehow on the company's revenue and size to determine how many foreigners they can hire. If you don't have a work permit based on Article 48, you might have bad luck if the quota is full already. As revenue and size constantly change, the quota will too.
The labor buro said, it's safer to get a work permit according to Article 51, and in that case I would need an Employer's based work permit. The personal work permit is only possible with an APRC.
Anyway , there is a lot of confusion about labor rights, as the government just shiftet the whole thing over to the labor department, or so...
So, still get a work permit until you have a personal one.
The only question is, if you have a work permit, does the quota regulation not apply any more??? And with a personal work permit?
Can anyone clearify this?
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Postby Hartzell » 30 Mar 2004, 14:28

If you are married to a local Taiwan citizen and have residency rights, then you have unrestricted work rights under the ESA. Of course, quotas do not apply to such an employee as yourself, because you are not "counted" in any group of "work permit holding persons".
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Postby mixmaxtw » 30 Mar 2004, 18:10

Hartzell wrote:If you are married to a local Taiwan citizen and have residency rights, then you have unrestricted work rights under the ESA. Of course, quotas do not apply to such an employee as yourself, because you are not "counted" in any group of "work permit holding persons".


I am. And I have the JFRV, but not the APRC yet.
Can you please post me a link to a chinese document which states your post? It seems the officials at the labor department don't know about it... They say I apply to the Article 51 and thus need a work permit to be on the safe side.
Is "residency rights" refering to JFRV or APRC? They say it means APRC.
In which article is this clarified? :s
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Postby Hartzell » 30 Mar 2004, 18:19

Residency rights are JFRV and an ARC based on marriage.
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Postby scomargo » 31 Mar 2004, 08:25

Try checking out this page.

http://www.taiwanadvice.com/forms/worktai.htm

I can't vouch for the accuracy of it, but it'll get you started.
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Postby mixmaxtw » 01 Apr 2004, 14:18

Hartzell wrote:Residency rights are JFRV and an ARC based on marriage.


Can you give me the law which states that? I want to have something to show my HR department.
Thanx.
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Postby Bu Lai En » 01 Apr 2004, 22:10

If you are married to a local Taiwan citizen and have residency rights, then you have unrestricted work rights under the ESA.


Unless you want to work as an English teacher, because the MOE say you can't.

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Postby Prototype » 07 Apr 2004, 15:07

The labor law is very clear about this matter. As long as you have JFRV and ARC based on JFRV (which means you have the residency rights in Taiwan), you can work in any job except the ones do need a specific certificate/permission such as doctors and lawyers. If MOFA or any other institution is not aware of the law or they do not want to follow the law, they should be the responsible ones from any consequences (I don't think there will be any). As long as you have the qualifications for the locals to work at buxibans or any other place, you should work without any problem also.
Mmm... :)
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