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.