5 years on a marriage ARC, do I have to wait 10 to get my APRC???

Short-term and long-term visas, application requirements, waiting times, advantages and disadvantages of stay vs. resident visas, who needs an ARC, and why do people opt for permanent residency
Forum rules
While the moderators are happy to help point people in the right direction for legal assistance and to attempt to keep these forums civil and tidy, please bear in mind that an Internet forum is not the place for providing or receiving legal advice or for the creation of any attorney-client privileges or obligations. Also keep in mind that Forumosa and the moderators cannot conduct comprehensive reviews of all laws or legal concepts referenced or discussed within these forums – laws and regulations are updated and amended, interpretations do change, and sometimes the legal landscape can change very fast. Forumosa provides these legal forums for general informational purposes only. By using these legal forums, you agree that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and any other posters on these forums. DO NOT CONSIDER THE FORUMS TO BE A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED LICENSED ATTORNEY.

5 years on a marriage ARC, do I have to wait 10 to get my APRC???

Postby djvynl » 09 Apr 2012, 10:09

I have read many posts on forumosa over the past few months. I have studied the internet and websites all over Taiwan. But I still can't seem to find the answer to my question.

I am married and have been for going on my 5th year now. I have been in Taiwan, working and making more that double the average salary in Taiwan as a cram school teacher.

I met my wife in the states, Las Vegas, and she had mental health issues that I thought would be resolved by moving to a more stable environment like Taiwan. Sadly, after 2 years of living here, I found I was mistaken. She has tried to take her life 3 times since we were together, cheated and demolished my previous house in America ( I have pictures). The last attempt to commit suicide, I decided was the last I would go through and we separated. That was 3 years ago.

I have since been very happy with my life here in Taiwan and love this country. When I first moved here, the law was that you had to stay here for 5 years without interruption of more than 180 days to get your APRC.

The law has since changed and it seems, in my research, that the requirement is now 10 years if married to a local resident.

I am still legally married to this "woman", and although we haven't been in touch since the separation, I have kept my ARC up to date without any problems.

My question, can I apply for my APRC under the 5 year rule with having the minimum required tax paperwork showing that I make sufficient income? Or am I doomed to stay under this marriage for another 5 years before I can apply for my APRC?

This seems to be a gray area, as it doesn't say that you can't apply for the 5 year APRC just because you are married.

Your advice would be greatly appreciated.

Sincerely,

DJ
djvynl
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
 
Posts: 9
ORIGINAL POSTER
Joined: 09 Apr 2012, 09:30

6000

Re: 5 years on a marriage ARC, do I have to wait 10 to get my APRC???

Postby cfimages » 09 Apr 2012, 10:38

It's definitely not 10 years for married people. I think it's3 if married, 5 if not. Give the NIA a call and ask.

EDIT - It's 5 years.
Forumosan avatar
cfimages
Golden Lotus (huángjīn liánhuā)
Golden Lotus (huángjīn liánhuā)
 
Posts: 8568
Joined: 30 Oct 2005, 15:39
Location: Across from the other side of the road
153 Recommends(s)
164 Recognized(s)

6000

Re: 5 years on a marriage ARC, do I have to wait 10 to get my APRC???

Postby Icon » 09 Apr 2012, 10:51

Dear OP,
Could you post the link to that 10 year issue? I do not think it is correct. The only recent change was a rise in the minimum wage.

The APRC procedures are actually easier than what they seem. Consult this thread: viewtopic.php?f=67&t=80053&hilit=APRC

And follow the instructions from NIA to the T. It is quite straightforward. As long as taxes have been filed and there is no break in the ARC, you should be fine.
"Lo urgente no deja tiempo para lo importante". Mafalda

"Nice guy? Who gives a shit? If you want to work here, close."
Forumosan avatar
Icon
Maitreya Buddha (Mílèfó)
 
Posts: 13696
Joined: 09 Feb 2006, 18:03
Location: Xindian
533 Recommends(s)
413 Recognized(s)

6000

Re: 5 years on a marriage ARC, do I have to wait 10 to get my APRC???

Postby djvynl » 09 Apr 2012, 11:16

Applying for an APRC: foreign nations who has legally and continuously resided in the State for five years and has stayed for more than one hundred and eighty-three days each year, or the alien spouse and/or children of a national with valid household registration in the Taiwan Area who have legally resided in the State for ten years, during which period the spouse and/or children have physically resided in the State for more than one hundred and eighty-three days each year for at least five years. An application for APRC pursuant to above shall be submitted within two years after the period of stay and residence meets the requirement.

http://www.immigration.gov.tw/ct.asp?xI ... 30085&mp=2

Thanks for your replies, I would love to be wrong.

DJ
djvynl
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
 
Posts: 9
ORIGINAL POSTER
Joined: 09 Apr 2012, 09:30

6000

Re: 5 years on a marriage ARC, do I have to wait 10 to get my APRC???

Postby Rotalsnart » 09 Apr 2012, 12:37

Djvynl,

I used to follow this issue, but haven't for a while. I just glanced at the law, and it appears that the law has indeed been amended as you point out. Below is a translation, found online, of the current Article 25 of the Immigration Act.

***
Article 25 An alien, who has legally and continuously resided in the State for five (5) years and for more than one hundred and eighty-three (183) days each year, or the alien spouse and/or children of a national with registered permanent residence in the Taiwan Area who have legally resided in the State for ten (10) years, during which period they have actually resided in the State for more than one hundred and eighty-three (183) days each year for five (5) years, may apply to National Immigration Agency for permanent residence if they meet the following requirements. The foresaid periods shall not include the period of staying (residing) in the State by any of those aliens whose residence in the Taiwan Area is permitted due to studies or employment in the Taiwan Area as approved by the central authorities in charge of labor affairs or the field of their employment pursuant to Subparagraphs 8 to 10, Paragraph 1 of Article 46 of the Employment & Service Act.
1. Are at the age of twenty (20) or over.
2. Have a decent character.
3. Have considerable property, skills or talents that enable them to make a living on their own.
4. Are beneficial to the national interests of the State.
[....]
***
The amendment to this article was introduced in Dec. 2007. (The former relevant article was Article 23.)

In my reading, the law is indeed somewhat gray on this point on its face. It would be interesting to look at the legislative comments and see whether they clarify anything. The fact that the legislature specifically removed the 5 years continuous residency for spouses provision is disturbing for people in your position. However, it could be that -- in tandem with lowering the threshold for non-married applicants from 7 to 5 years -- they were simply streamlining the wording of the law (in which case married applicants might still be allowed to apply under either the "continuous 5 year" or "5-of-10" criteria). I can't t currently offer any more of an answer on this. Let us know what you learn.

[Edit to add:

Okay, I found a copy of Executive Yuan comments on a draft bill of this amendment, here: http://www.ey.gov.tw/public/Attachment/15510452971.doc
The comment on the relevant paragraph 1 of Article 25 says only that the amendment is a revision to the "wording" of paragraph 1. I think this may be grounds for cautious optimism that the substance of the former provision that would allow you to be eligible at 5 years should still apply. I certainly can't guarantee that the immigration authorities will see it that way though.]
Rotalsnart
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
 
Posts: 955
Joined: 26 Oct 2005, 23:06
54 Recommends(s)
41 Recognized(s)

6000

Re: 5 years on a marriage ARC, do I have to wait 10 to get my APRC???

Postby Icon » 09 Apr 2012, 14:21

Easy as pie to find out:

[b] 1. Getting Started
First thing first, just go to your local National Immigration Agency and make sure you are eligible to apply for your APRC. This will be the same place you went to renew your ARC. Talk with an agent, do your research first and ask as many questions as you can. The agent will give you an application form, but I didn’t fill this out until the day before I had my interview. Sometimes the NIA changes some of the regulations, so make sure you have all the up to date info. You should be able to find everything here. Don’t rely on the Internet to answer your questions, just call your agent


(especially gov't websites, I may add)
Everyone should have their time/eligibility checked first, before starting to run around gathering documents. So just go, don't call on the phone, go, they don't bite.

I bet that the guy has to stay 3 years only, or was that for nationality? Anyways, I also bet that 10 year rule has to do with mainland spouses more than us common foreigners.

If the OP lives in New Taipei -ex Taipei County, this is the person to contact:

Nicole Chou, immigration officer
National Immigration Agency
New Taipei City Service Center No. 168-1,
Minzu Road, Banqiao District, New Taipei City
Tel: 02 8964 7960 ext. 403
Fax 02 8964 8373




EDIT:
Ah, now I remember. The thing is still 5 years, continusly 183 straightforward, no problem, but if you have lived 10 or 20 years here, and within those you have 5 years that you have fulfilled the minimum 183 per year, then you can apply. Same as teh two year rule we were all having our panties in a bundle last time: you have two years of flexibility after your status changes, to apply for residency, if you have already fulfiulled the time requisite. It is a clause supposed to help you, not hinder you.
"Lo urgente no deja tiempo para lo importante". Mafalda

"Nice guy? Who gives a shit? If you want to work here, close."

This post was recommended by Northcoast Surfer (09 Apr 2012, 22:56)
Rating: 5.88%
Forumosan avatar
Icon
Maitreya Buddha (Mílèfó)
 
Posts: 13696
Joined: 09 Feb 2006, 18:03
Location: Xindian
533 Recommends(s)
413 Recognized(s)

6000

Re: 5 years on a marriage ARC, do I have to wait 10 to get my APRC???

Postby djvynl » 10 Apr 2012, 09:31

Thank you all for your intelligent and thoughtful posts. I will take all into consideration and contact the NIC today to find out if I am eligible. I will update you and let you know what they say.

Sincerely,
DJ
djvynl
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
 
Posts: 9
ORIGINAL POSTER
Joined: 09 Apr 2012, 09:30

6000

Re: 5 years on a marriage ARC, do I have to wait 10 to get my APRC???

Postby Rotalsnart » 10 Apr 2012, 09:40

Icon wrote: It is a clause supposed to help you, not hinder you.


This is my interpretation too. But I think it's unfortunate that they didn't continue to make the 5 year continuous residence qualification specifically for locally-married people explicit in the wording of the law, because the agencies enforcing the law often have a tendency to look at the letter of the law over its spirit or intent, and interpret gray areas as black or white, depending on how their agency wishes to see them.

Nevertheless, I think the OP is likely to hear the answer he hopes -- do let us know what they say.
Rotalsnart
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
 
Posts: 955
Joined: 26 Oct 2005, 23:06
54 Recommends(s)
41 Recognized(s)

6000

Re: 5 years on a marriage ARC, do I have to wait 10 to get my APRC???

Postby Feiren » 10 Apr 2012, 10:26

djvynl wrote:Thank you all for your intelligent and thoughtful posts. I will take all into consideration and contact the NIC today to find out if I am eligible. I will update you and let you know what they say.

Sincerely,
DJ



I suggest that you first obtain am Entry / Exit Record (covering last seven years) from the National Immigration Agency.

You will have to apply for this document in person with your passport at the NIA.

Then take this record to the APRC counter (I think there is a dedicated one), and ask if you are eligible based on this record.

Don't go into the details of your marriage or ask whether the 10 year rule applies etc. Just let them tell you whether you are eligible.

I'm pretty sure that you are.
Feiren
Former City Mayor (qiánrèn shìzhǎng)
Former City Mayor (qiánrèn shìzhǎng)
 
Posts: 4831
Joined: 05 Jan 2002, 17:01
Location: Drum Tower
4 Recommends(s)
185 Recognized(s)

6000

Re: 5 years on a marriage ARC, do I have to wait 10 to get my APRC???

Postby djvynl » 10 Apr 2012, 10:38

BTW, I am working with Northcoast Surfer to help me through this challenge. Will keep you posted.
djvynl
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
 
Posts: 9
ORIGINAL POSTER
Joined: 09 Apr 2012, 09:30

6000

Next




 
 
 x

Return to Visa & Residency Issues



Who is online

Forumosans browsing this forum: No Forumosans and 2 visitors

The proper function of man is to live, not to exist. I shall not waste my days in trying to prolong them -- Jack London