Different policies for Asians & Non-asians regarding marriage

[Visitor]

I've heard (and of course I don't want to rely on rumors) that it's easier for Asian foreigners who marry Taiwanese to get citizenship than whites. Could this possibly be a fact, and how does such blatant discrimination exist?

Why are residency laws for whites in Asia so much more stringent than residency laws for Asians in America?

[Visitor]

Your first paragraph appears to warrant a good discussion.

Your last question makes it evident that you don't know too much about what Asians have to go through to obtain U.S. residency.

Sincerely,
An Asian in America

[Visitor]

It does not matter if you are white or Asian. My husband is English so I am familiar with the steps involved with applying for permanent residency. It is the same for everyone. Perhaps you heard it was easier because the Asian in that situation might have had parents who are citizens or was born in Taiwan but did not keep his/her citizenship after moving away while they were still babies. I have friends and cousins who did that, although I'm not sure exactly how easy it is for them to become a resident here. I'm sure it is still quite difficult. I hope that helps you

[Visitor]

"Hello" said,
Your last question makes it evident that you don't know too much about what Asians have to go through to obtain U.S. residency.

Oops, I guess that's why there's hundreds of thousands of legal white American residents of Taiwan, and only a handful of legal Asian immigrant CITIZENS of the United States...

You got it, Champ!

[Visitor]

I am afraid that I have to agree with EYE OPENER's comments. Having lived in Taiwan over 25 years, I have met many local Taiwanese who returned from a multiple-year work assignment, or a course of advanced study, in the USA, and were holding a USA passport in their hands. Contrastingly, I know many many USA, Canadian, German, British, Irish, etc. citizens who have lived in Taiwan for decades, but are unable to obtain ROC citizenship due to the unfair restrictions on foreigners here.

As I have previously pointed out in this FORUM, most Taiwanese people are very much unaware of the legal structure of their own country, and rely primarily on hear-say or rumor, rather than getting formal clarifications from the official ROC government departments. With that preface out of the way, I can offer the following analysis and note that it is 100% correct, even though many Taiwanese people will not recognize it as such:

* * The chief restriction which forbids foreigners from easily obtaining ROC nationality is the requirement that they first renounce their original nationality, and produce proof of having done so. * *

There are no such restrictions on Asians who want to obtain USA or Canadian citizenship, etc., so again I, along with EYE OPENER, do not understand what "hello" (An Asian in America) is complaining about.

[Visitor]

Sorry Richard, when you refer to ROC nationality there, is that citizenship or just permanent residency? Can a foreigner actually become a citizen?

* * * * * *

Moderator's reply: A foreigner can become a citizen in Taiwan, however the current law requires that his/her original citizenship be renounced first. With ROC citizenship, you are not subject to many types of restrictions on your rights, (the most important of which is perhaps work rights), nor do you have to maintain a physical presence in the Taiwan area for a certain number of days per year in order to maintain ROC citizenship. You can vote, and you (as a male) join the armed forces. (Note: exceptions to the requirement of military service are granted based on over 200 types of physical ailments, and also based on a person's age.)

While the laws of many countries consider permanent residents eligible for citizenship after a certain number of years, in Taiwan there is no connection between a permanent resident's years of residence and his/her eligibility to apply for citizenship.

While permanent residency status grants a foreigner the right to reside permanently, it is subject to the stipulation that you be physically present in the ROC for 183 days or more per year. (Note: exceptions to this physical presence rule can be granted if you have a valid reason for your absence.) Also noteworthy is that if you are convicted of committing a "criminal offense" (as opposed to a "civil offense" or "administrative offense") your permanent residency rights can be cancelled.

[Visitor]

I have quite a different situation. I was born here to Taiwan parents, but I was adopted by Americans and left Taiwan when I was 7 months old. I became an American citizen. I don't speak, write, or read Chinese, however, I came back to Taiwan 1.5 years ago and reclaimed my citizenship and still maintain my US one.

My husband (white American) and I applied for his "Joining Family Resident Visa" and was able to get this and his ARC done within 5 days (we were leaving on vacation). Granted he can never obtain citizenship here, but we certainly didn't feel that he was being discriminated against then.

But obtaining a "Joining Family VISITOR visa" for my husband is a different story. At that time, I did not have proof of my Taiwan citizenship, only photocopies of my previous passport from over 20 some years ago. I was able to obtain a 5 year multiple-entry visitor visa. I had our original marriage certificate from AZ with us and showed the TECO rep. Unfornately, that was not good enough and they only gave my husband a 60 day visitor visa. Then in HK they did it again. By this time, I had my citizenship and the TECO Honolulu office gave my husband a 5 year joining family visitor visa. After that, we just extended it two more times, before appplying for his JFRV. But now, you don't have to be married for a certain length of time in order to apply for "JFRV".

Anyways, to sum it up, getting a JFRV was much easier to do than obtaining a JFVV.

[Hartzell]

The previous posting, and a number of other postings in this Forum, clearly show that it is possible for a USA passport holding person of "Chinese ancestry" to obtain ROC citizenship WITHOUT FIRST RENOUNCING HIS/HER USA CITIZENSHIP.

However, for those of us from minority races, such as whites, blacks, indians, etc. it appears that this is legally IMPOSSIBLE.

Does this state of affairs indicate anything to you?

[John]

It is even easier in New Zealand. You can apply for PR without having lived in the country, and if accepted you will then be treated as a NZ citizen.

This means you can vote etc. Then if you have lived in NZ for a few years you can apply for citizenship (which only gives you a few extra rights, like getting a NZ passport and being able to become a politician).

I definitely think we are too soft and easy in NZ.

[Anonymous]

If say a white foreigner had more than one nationality, and agreed to give up one of them, retaining the other(s) unbeknowst to the ROC govt, would he then be able to obtain ROC citizenship ? Is the requirement that a/all/any foreign passport be given up ?

TB