Northcoast Surfer on June 8, 2011 wrote:Ok sports fans. Here are the inconsistent, contrary to what I've been told before, double-talk, bullshit answers I received from the Banqiao NIA today on 06-08-2011 between 2:30pm and 3:30pm local time. I wonder what answer you would get if you called?
SHORT ANSWER1. Americans applying for the APRC
MUST use the FBI Federal Criminal Background check. No others are acceptable.
2. Americans applying for the JFRV (Joining Family Resident Visa)
MAY use their individual State criminal background check. Americans may also opt to use the FBI federal criminal background check if they so desire.
3. Americans applying for naturalization (Taiwan citizenship)
MUST use the FBI Federal Criminal Background check. No others are acceptable.
LONG ANSWERI first called Miss Chou at the Banqiao NIA. She's the NIA officer who specifically handles the APRC and I've dealt with her on numerous occasions. She's really nice and has always been helpful. Here's her contact information. Banqiao NIA branch office, 2nd Floor, APRC processor, (02) 8964-7960 ext. 403. She told me that ALL American APRC applicants MUST use the FBI background check and that no other City, Municipal, or State background checks are allowed. If an American APRC applicant submits his/her application without the required FBI background check, she will reject it, no exceptions. I then brought up the topic of JFRV. Interesting 2nd half of the conversation.
Me: So, what about the JFRV? Same thing? FBI background check required? Can't use a State background check?
Her: What's a JFRV?
Me: You know, it's a resident visa, not a visitor's visa,,the full name is Joining Family Resident Visa.
Her: Never heard of it.
Me: Ok....let's say that an American man marries a Taiwanese woman and he wants to come and live with her here in Taiwan, that Visa is called JFRV or Joining Family Resident Visa. It gives him the right to live in Taiwan with his Taiwanese wife and it also gives him unrestricted work rights without needing a separate work-permit. Is this ringing any bells?
Her: Oh...yeah....I know what that is.
Me: So, for the JFRV and associated ARC to go with it, the FBI background check is also required?
Her: No. An American applying for a JFRV can still use his/her individual State background check or they can also use the FBI federal background if they want.
Me: No WAY! That is absolutely contrary to what I've been told by other NIA officers in the past. I was specifically told that as of July 15, 2008 that for the APRC and JFRV and naturalization that Americans MUST only use the FBI federal criminal background check for their applications.
Her: Yes, the July 2008 date for the FBI background check for APRC applicants is correct. But, I only know what I've been told and I don't handle the JFRV, I only handle the APRC and I don't really have much to do with JFRV applications. So, I've heard that using the State background check is still ok for JFRV applicants even though it is NOT ok to use it for APRC applications.
Me: Ok.....then why? Why the hell can American JFRV applicants use the easy peasy simple simple cheapo cheapo State background checks instead of the FBI background check? Why do American APRC applicants have to use the massively pain in the ass, expensive, super time consuming, life extinguishing FBI background check? Why can't American APRC applicants still use the easy State background checks?
Her: Because the APRC is for long term and the JFRV is only for a short time.
Me: Huh? What does that mean? A JFRV and an APRC are basically the same thing, except that the JFRV requires you to stay married and if you divorce you will lose the status. But, if you stay married, you can stay in Taiwan indefinitely and have unrestricted work-rights just like the APRC. There are people who have been living and working in Taiwan on a JFRV longer than I've had my APRC.
Her: Right. So, if they get divorced then it's only for a short time and not permanent.
Me: Huh? So, it's more important for Americans applying for an APRC to have an FBI background check because we will stay here longer and remain in this visa status longer than a JFRV individual? It's more important to make sure that an American APRC applicant doesn't have a criminal background by requiring them to have the inclusive all 50 States background check which the FBI background check provides and JFRV applicants who have a criminal record from California can simply get a Washington State background check where their criminal history of California won't show up and that's ok?
Her: I don't know. I don't handle JFRV applicants only APRC and the American APRC applicants are required to have the FBI background check. We just do what's written on "the papers" that "they" give "us". So I will reject any American's APRC application which doesn't have the FBI background check because I have to. Perhaps you could call the person in charge of the JFRV and they could give you some better answers.
Me: Ok, then. Who handles the JFRV applicants? What's their extension? Could you please transfer me to their extension?
Her: I don't know the extension and I don't know who handles the JFRV applicants. Just call the main number and have them transfer you to the right person.
Me: Ok. Thanks.
=======================================================================
So, then I called the main office number again and asked to speak to the person in charge of JFRV applicants. The person answering the phone didn't know what a JFRV was so I said I needed to speak to someone in charge of handling the visa applications for foreigners who marry a Taiwanese. The phone receptionist said that she would transfer me to the main information desk and that they could answer ANY question I had. I was connected to a Mr. Wu.
Me: Mr. Wu, hello. Say, I'm trying to get some specific information regarding the JFRV.
He: What's a JFRV?
Me: You know, it's a resident visa, not a visitor's visa,,the full name of it is Joining Family Resident Visa.
He: Never heard of it.
Me: Ok....let's say that an American man marries a Taiwanese woman and he wants to come and live with her here in Taiwan, that Visa is called JFRV or Joining Family Resident Visa. It gives him the right to live in Taiwan with his Taiwanese wife and it also gives him unrestricted work rights without needing a separate work-permit.
He: Oh yeah....I know what that is....but it's called 依親 (Yī qīn) visa not JFRV.
Me: Yeah, well.....all your websites, TECO visa application forms, NIA forms have it printed right on there clear as day that the 依親 visa is called a JFRV or Joining Family Resident Visa.
He: But that's English, we only know it by the Chinese name which is 依親 visa.
Me: Ok...whatever....anyway I need to know what the criminal background check requirements are for an American applicant applying for a JFRV. In the past, American applicants were able to use State background checks for their JFRV applications, but beginning July 15, 2008 I was told by an NIA officer that an FBI background check would be required for a JFRV or APRC or naturalization applications and that State background checks would no longer be acceptable.
He: Yes, that's true for the American APRC applicants, but not for American JFRV applicants. The State background check is still ok for American JFRV applicants.
Me: Ok....why? Why the hell can American JFRV applicants use the easy peasy simple simple cheapo cheapo State background checks instead of the FBI background check? Why do American APRC applicants have to use the massively pain in the ass, expensive, super time consuming, life extinguishing FBI background check? Why can't American APRC applicants still use the easy State background checks, too?
He: Probably because the JFRV process takes longer to process.
Me: No, that's absolutely NOT accurate at all. I've had an employment based ARC, JFRV based ARC, and now an APRC. Their is no major difference in applying for the JFRV versus the APRC. So, it's more important for Americans applying for an APRC to have an FBI background check because we will stay here longer and remain in this visa status longer than a JFRV individual? It's more important to make sure that an American APRC applicant doesn't have a criminal background by requiring them to have the inclusive all 50 States background check which the FBI background check provides and JFRV applicants who have a criminal record from California can simply get a Washington State background check where their criminal history of California won't show up and that's ok? The NIA doesn't care if an American JFRV applicant has a criminal record, but does care if an APRC applicant has a criminal background?
He: Well, ultimately it is because of who approves the applications.
Me: Huh? What's that supposed to mean?
He: The American JFRV applicants are approved here at our local NIA level and we only require the American applicant's criminal record from their home State. They can use the FBI background check if they want, but the State background works because we approve it ourselves. But, for the American APRC applicants, the applications aren't approved by our local NIA level. The APRC applications have to be sent to the Taiwan government to be approved.
Me: Huh? So, you're saying that each and every NIA office has the ability to approve or disapprove the JFRV applications that are submitted to the office and the Taiwan government has nothing to do with it?
He: Right.
Me: Further, the individual NIA branch offices do not have the ability to approve or disapprove the APRC applications on the local level and therefore the Taiwan government makes the decision on whether they get approved or not?
He: Correct.
Me: But, isn't the NIA a branch of the Taiwan government? If it's not part of the Taiwan government, then what is it part of? Why isn't there consistency in the requirements for the criminal background check? It should be the same. Either State background checks for both the JFRV and APRC should be ok......or both should require the same FBI background check. It's not consistent.
He: Well, we just go off of the checklist papers which "they" give "us" and for now the JFRV can use the State background check or the FBI background check for American applicants, but the American APRC applicants must use the FBI background check only and can't use the State background check.
Me: Yeah...whatever.
-------------------------------------------------------------------------------------------------
So....that's it sports fans. The whole sordid story.
Taiwan....where the only consistent things are the inconsistencies!