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Proposed rules to make it easier to obtain a PARC or ID

Who can and cannot be a dual national, as well as the joys and frustrations accompanying that status. Includes ROC Passport and Military Conscription issues
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Proposed rules to make it easier to obtain a PARC or ID

Postby gnaij » 21 Aug 2012, 16:28

http://www.wantchinatimes.com/news-subc ... 0&cid=1103

Under existing rules, qualified foreign nationals are required to stay in Taiwan for no less than 183 days each year for a period of five consecutive years in order to obtain permanent residency. The proposed new rules will ease the period of stay in Taiwan by consulting regulations adopted by neighboring nations. This will make it more flexible for qualified foreigners to enter, live in or leave Taiwan.

Another step is to grant the same permanent residency status to the spouses and children of qualified foreign nationals who hold a permanent alien resident certificate (ARC), signifying the right to remain indefinitely. There are presently 6,000 foreign nationals with permanent ARCs in Taiwan, said immigration officials.

The period for foreign nationals to apply for ARCs after getting a residency permit will be doubled to 30 days from the current 15 days.

The new rules will define people eligible for permanent ARCs in the major categories of investment immigrants who have made investment up to a certain level in Taiwan, professionals with special skills and individuals who made "special contributions" to Taiwan. Foreign nationals will be given permanent ARCs after passing screening by the interior ministry.


In addition, the current regulations governing the return of citizens of the Republic of China (Taiwan) will be relaxed. This will benefit children born as ROC citizens abroad as the age limit will be removed. Children born overseas whose father or mother are ROC citizens will be able to directly apply for permanent residency in Taiwan with no age restrictions. Under the existing rules, such offspring over the age of 20 are required to stay for one full year in Taiwan before applying for permanent residency.

All ROC citizens who have stayed for a long period overseas with no household registration in Taiwan can directly apply for permanent residency by simply presenting their ROC passport, according to the proposed regulations.


If these proposals pass, those of us born abroad to ROC ID card holders will be able to obtain an ID card immediately without having to reside in Taiwan with a TARC for 1 continuous year, 270 days a year for 3 years, or 183 days a year for 5 years. This is a positive development: allowing overseas born children to exercise the same citizenship rights as their parents is in line with jus sanguinis followed by most other countries.

But does automatic eligibility for household registration also start the clock ticking for eligibility for the draft (i.e. two calendar years of 183 days each in Taiwan = hauled over to some school in the mountains for a year of "alternative military service")?
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Re: Proposed rules to make it easier to obtain a PARC or ID

Postby Ming Taizu » 15 Sep 2012, 14:34

Thanks for the information, gnaij. The final paragraph of the article says this:

"The revisions to the immigration rules will take effect after they are approved by the Executive Yuan or cabinet and ratified by the Legislative Yuan."

Do you have any idea when this is going to come up for approval and ratification?

Thanks again for the link!

MTZ
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Re: Proposed rules to make it easier to obtain a PARC or ID

Postby misspon » 22 Nov 2012, 07:50

Hi

Does any body know what happens to those that have ROC passports but parent are not ID card holders, can we still apply for ID cards?

Thanks
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Re: Proposed rules to make it easier to obtain a PARC or ID

Postby gnaij » 29 Dec 2012, 18:33

The proposed amendments were submitted by the Executive Yuan for consideration by the Legislative Yuan in November. Here is the text of the proposed changes (in Chinese): http://www.moi.gov.tw/files/Act_file/Act_file_101.doc

Among the changes:

-Anyone* whose father or mother had household registration at the time of his birth can establish household registration in Taiwan, regardless of age and without a mandatory residency period in Taiwan. (Anyone 20 and older must enter using a ROC passport, while anyone under 20 can do this even on a foreign passport. For overseas born children of Taiwan domiciled ROC nationals, the existing law only waived the residency period - 1 continuous year/270 days per year over 3 years/183 days per year over 5 years - for overseas born children under the age of 20. Now Jeremy Lin gets an ID card if he wants one.)

-For those unregistered nationals in other categories requiring a period of residency in Taiwan before establishing household registration, the "one year continuous residency" requirement has been shortened to 335 days within one year. Trying to fulfill this requirement by residing in Taiwan for 270 days over 3 years (or 5 years, depending on criteria) or 183 days over 5 years (or 7 years, depending on criteria) will now be tightened to continuous years.

*Note: This only applies to ROC nationals. If you were born before 1980 to a ROC national mother and a non-ROC national father, you are not a ROC national.
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Re: Proposed rules to make it easier to obtain a PARC or ID

Postby Ming Taizu » 31 Dec 2012, 18:49

Thanks for the update, gnaij. Are the rules now in effect or do they still have to vote on it in the Legislative Yuan?
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Re: Proposed rules to make it easier to obtain a PARC or ID

Postby gnaij » 01 Jan 2013, 15:47

Ming Taizu wrote:Thanks for the update, gnaij. Are the rules now in effect or do they still have to vote on it in the Legislative Yuan?


They need to be approved by the Legislative Yuan (not guaranteed) and promulgated by the president (a formality) to take effect.

It has already been referred to the Legislative Yuan's Interior Affairs Committee (內政委員會). But I tried looking at the recent schedule of the committee (which would need to approve the changes and send them to the full yuan), but don't see this as scheduled for deliberation just yet, so approval could still be months away. Try searching "入出國及移民法部分條文修正草案" here http://misq.ly.gov.tw/MISQ/IQuery/misq5000Action.action for updates.
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Re: Proposed rules to make it easier to obtain a PARC or ID

Postby Roger1950 » 03 Jan 2013, 13:29

Hi
Interesting thread. I'm australian with a Taiwanese wife. My kids where born here in 1982 and 83. I've recently semi retired here and we are all interested in getting some long term legality here. Some of the other peoples comments seem fairly emphatic that you have to renounce your original citizenship if you want the full ROC Monty. Are you aware if this has changed in the new bill?
Also was wondering if its worth seeing a lawyer here? Can't see in any link an immigration lawyer that is doing immigration rather than em...!
Cheers
Roger
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Re: Proposed rules to make it easier to obtain a PARC or ID

Postby Tempo Gain » 03 Jan 2013, 13:40

Roger1950 wrote:Some of the other peoples comments seem fairly emphatic that you have to renounce your original citizenship if you want the full ROC Monty. Are you aware if this has changed in the new bill?


No, it hasn't changed.
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Re: Proposed rules to make it easier to obtain a PARC or ID

Postby Aboriginal girl » 03 Jan 2013, 17:42

Roger1950 wrote:Hi Interesting thread. I'm australian with a Taiwanese wife. My kids where born here in 1982 and 83. I've recently semi retired here and we are all interested in getting some long term legality here. Some of the other peoples comments seem fairly emphatic that you have to renounce your original citizenship if you want the full ROC Monty. Are you aware if this has changed in the new bill? Also was wondering if its worth seeing a lawyer here? Can't see in any link an immigration lawyer that is doing immigration rather than em...! Cheers Roger


My husband gave up his Australian citizenship to get ROC Citizenship in 1990's. But that was before they have JFRV. Also you need to live here for 3 years on ARC before you can apply for citizenship. Australia may not let you renounce unless you can show significant hardship of not being an ROC Citizen. My husband didn't need any lawyer you can apply by yourself its not too hard nowadays. My husband advises renunciation by Australia is not automatic and you can be refused.
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Re: Proposed rules to make it easier to obtain a PARC or ID

Postby Roger1950 » 04 Jan 2013, 02:56

Hi thanks for that.
No, I wouldn't give up oz citizenship just to get through immigration quicker! Actually it was more for the kids as they both have jobs on the mainland and its easier to get a work permit there as a Taiwanese. As they were both born in taiwan and lived there for 13 years i thought it would be like other countries and pretty much automatic. Anyway it all looks too problematic so back to leaving taiwan every month!
Thanks again.
Roger
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