kicked out. come back with JRFV?

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kicked out. come back with JRFV?

Postby hkhot » 12 Apr 2012, 17:20

About a month ago I was deported from Taiwan cause I was teaching at a kindergarten without permission.
I am married to a Taiwanese but because we haven't legalized our marriage in Taiwan and I do not have the JRFV.
is it possible to get a JRFV when outside of Taiwan?
Would my travel ban be waived if I get a JRFV?
We've been living on our savings in Hongkong but I'm slowly reaching my limit.
I was deported quite swiftly, is it possible to appeal from abroad?
When the police raided there was a white foreigner with them who made me sign papers in English that I agree to be deported to avoid any fine or prison.
After thinking a lot I wonder if paying the fine would have been better? Has anyone been in a similiar situation?
Thank you for helping.
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Re: kicked out. come back with JRFV?

Postby bigduke6 » 12 Apr 2012, 17:26

I suggest you speak to a lawyer with experience in these matters, while you still have savings left. I am under the impression that a JFRV can be denied under certain conditions.

Did the white foreigner reek of mouldy fondue and old cheese.

If he did, he might be a poster on this forum who likes to boast about the kindy teachers he gets deported.
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Re: kicked out. come back with JRFV?

Postby hsinhai78 » 14 Apr 2012, 23:09

Having been through the whole process of applying for a JRFV a while back, it seemed to me that the word of the law "aliens married to ROC nationals *may* be granted residence" has a strong emphasis on the word *may*. Unlike in most European countries or Canada, the authorities on Taiwan have no problem whatsoever with deporting the foreign spouse of a local for "minor" offenses or not grant residence if they don't like your background (or the color of your skin).
And before I get flamed for writing that working in kindergarten is a minor offense, consider that in the UK you would need to commit manslaughter before you get deported as the alien spouse of a citizen.

we haven't legalized our marriage in Taiwan and I do not have the JRFV


Did you get married in a private ceremony in Taiwan? If so, the marriage is legally valid from the date of registration, which means in the eyes of the law you got married AFTER your offense. Obviously that will seem highly suspicious to the authorities.

Did you get married in your home country? If so, your local spouse should register the marriage in the ROC, that would be the basic precondition for any immigration benefit you could get (.i.e. a JRFV visa).

Would my travel ban be waived if I get a JRFV?


That is something you can only find out by testing - chances are yes, chances are no.

After your local spouse has registered the marriage in Taiwan, she needs to send you the original household transcript from her nearest household registration office with you listed as her spouse to Hong Kong. Then you will need to get your health check done in Hong Kong. Ask the TECO in Hong Kong for the health check form, DO NOT tell them about your deportation. Get a relative at home to get your police records as quickly as possible and have them authenticated at the TECO in your home country and express mailed to you in Hong Kong.

After you have all these documents, go to the TECO in Hong Kong WITH your wife and apply for a JRFV. If they complain about your deportation, let your weeping (!!) wife beg them. If they are sympathetic, they will issue you a visa. Issuing visa is at the sole discretion of the Ministry of Foreign Affairs. For JRFV visas the MOFA needs to consult with the NIA, the final decision will however be made by the TECO in Hong Kong and not the NIA in Taipei.

It's a gamble, but better than not trying and not being with your wife for the next twelve months.

was deported quite swiftly, is it possible to appeal from abroad?


Essentially there are no administrative courts for immigration matters in the Republic of China. Besides, what would you appeal against? You have taught in kindergarten, a violation of both your terms of residence and against education law. A local who teaches English in kindergarten will obviously not be deported, nevertheless still needs to pay a fine.

hen the police raided there was a white foreigner with them who made me sign papers in English that I agree to be deported to avoid any fine or prison.
After thinking a lot I wonder if paying the fine would have been better? Has anyone been in a similiar situation?
Thank you for helping.


Don't ever, under any circumstances, sign anything that you have not read yourself. He was with the NIA, so obviously not on your side: don't trust the NIA / FAP / ... because they speak English or tell you signing will make things easier for you. It doesn't! It makes things easier for them. There are countless posts here on Forumosa where people naively signed papers.
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Re: kicked out. come back with JRFV?

Postby EigerMarcus » 16 Apr 2012, 11:51

See NIA's website under Acts and Regulations / Alien Entry Prohibition Operation Directions for a start.

Working illegally is a three-year ban from re-entry. If you are married to a Taiwanese citizen then you may apply for a waiver if you meet one of the following conditions: see IX or:

IX. Any foreign national married with marriage registration to an ROC citizen , or, with relevant supporting document certifying the marriage to a permanent resident, who has been banned from entry due to overstaying his/her stay, residency, or working illegally, may apply for a waiver on entry ban if he/she meets one of the following conditions:

a His/Her Taiwanese spouse is suffering from a serious sickness;

b His wife has been pregnant for over 21 weeks;

c He/She has a biological child who is an ROC citizen born with the spouse;

d He/She was married before the entry ban and exited the country for one year;

e He/She was married within the period of the entry ban and was married for over one year;

f Following a divorce, he/she obtained the rights and obligations to take care of a biological minor child who is an ROC citizen ;

g Due to domestic violence, he/she has been granted a divorce by a court, and he/she has a biological minor child with ROC citizenship.

Anyone married with marriage registration to an ROC citizen working under the provisions stipulated in subparagraph 8 to 10 of paragraph 1, Article 46 of the Employment Service Act, who is subjected to an entry ban due to a continuous absence from work for three days with a loss of contact, and therefore engaging in activity inconsistent with the stated purpose of the visit or residency application, may apply for a wavier of the entry ban under one of the conditions stated in subparagraph 1 to 5 of the preceding paragraph.
Any foreign national overstaying his/her visit, residency, or working illegally, who has been married to a R.O.C. national without registered permanent residence and having a biological child who is an ROC citizen may apply for a entry ban exemption.
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