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ARC Questions (Student -> Work)

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
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ARC Questions (Student -> Work)

Postby rbr » 04 Jun 2004, 20:16

Right now I am a full time student and just got my ARC, I have been in Taiwan since August 2003, but just got my ARC because I whiched language schools before. I am running out of money, but want to continue my studies at Shi-Da. Today I went for a job interview at a language school and they said they want to give me a job, but want to make sure everything is legal. What do I have to do to make everything legal in order to work for the language school?
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Postby Falcon » 04 Jun 2004, 22:09

Obviously, the language school has to get you a work permit.

If you are a full time student . . . . . . . . I hear that there is some allowance for you to work a certain number of hours per week . . . . . . . so maybe your school could contact the Ministry of Education and find out the exact details.
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Postby gcat » 25 Sep 2005, 12:03

Falcon wrote:If you are a full time student . . . . . . . . I hear that there is some allowance for you to work a certain number of hours per week . . . . . . . so maybe your school could contact the Ministry of Education and find out the exact details.


I have a question about this. I am here as a fulltime student with an ARC through a uni. I'm here on a Ministry of Education scholarship that doesn't provide me with enough money to live on. I've been working in a number of schools illegally to supplement my income. The school that I really like has recently been raided twice.

Now I'm really worried and want to find out whether I can work here as a student? If so, how many hours a week and where? What do I need to do to make this all above board?
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Postby ML McLean » 25 Sep 2005, 14:49

gcat wrote:
Falcon wrote:If you are a full time student . . . . . . . . I hear that there is some allowance for you to work a certain number of hours per week . . . . . . . so maybe your school could contact the Ministry of Education and find out the exact details.


I have a question about this. I am here as a fulltime student with an ARC through a uni. I'm here on a Ministry of Education scholarship that doesn't provide me with enough money to live on. I've been working in a number of schools illegally to supplement my income. The school that I really like has recently been raided twice.

Now I'm really worried and want to find out whether I can work here as a student? If so, how many hours a week and where? What do I need to do to make this all above board?


You can work here as a student. Check with the Council of Labor Affairs. There's a work permit application specially for student types. Your employer should make this application on your behalf if you wish to be above board. Your employer should not have any problems with this considering they've been raided a few times already. On the other hand, it could be that this employer may be on of those who cut corners because they're unscrupulous (i.e. they're not paying taxes, insurance premiums) hence all the raids on it.

Good luck.
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Postby gcat » 25 Sep 2005, 15:45

Thanks for that information MLMcLean, that sounds really good.

Does anyone know how many hours students can work (16/wk?), if there are any restrictions on types of work and how to go about getting permission from the CLA?
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Postby brian » 25 Sep 2005, 15:55

Yes there are restrictions upon the number of hours a student can work. According to Article 50 of the Employment Services Act foreign students can work up to 16 hours a week. I don't know if there are any special restrictions on where you can work, but the normal rules of obtaining appropriate permission would apply.

Also, I am unsure of which foreign students can work. I was under the impression that you had to have completed a length of study (something like one year) before you could receive approval to work, but I can't find this anywhere in the legislation so you may want to research that further.
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Postby gcat » 25 Sep 2005, 16:03

Thanks brian. Sorry to be demanding, but do you think that you could point me in the direction of the appropriate legislation?
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Postby brian » 25 Sep 2005, 16:08

Here you go.

Employment Services Act

Article 50

The scope of works as limited in Paragraph 1 of Article 46 does not apply to the following categories of students to be employed to engage in work in the Republic of China; with the exception of the winter and summer vacations, the total working time of any one of such students may not exceed sixteen (16) hours per week.

1. Foreign students enrolled in a public or registered private college/university;


2. Oversees Chinese Students and other Foreign Students of Chinese Origin enrolled in a public or registered private college/university.
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Postby gcat » 25 Sep 2005, 16:34

Brian, that's great and really informative, thank you. You don't know where I could find a Chinese version do you? I assume that the Chinese version is more authorative in terms of interpretation than the English version. I'd also like to give a copy to my school so that they know what's what, legally speaking.

So, my reading of the legislation relating to foreign students working here is this (please correct me if I'm wrong, I was trained in a common law jurisdiction and some interpretive assumptions may not hold true in a civil law jurisdiction):

Foreign students (registered at a public/private university/college) can work. This is because there is no statement that they can't and it can be inferred from sections 50 and 74 (which deal with foreign students working here) that they can [is this how it works in a civil jurisdiction?].

Under section 50 foreign students are not limited to the work specified in section 46(1) ie specialised or technical work.

Section 50 also stipulates that foreign students can only work 16 hours a week, with the exception of the summer and winter holiday periods. It seems that foreign students may be able to exceed 16 hours a week in these holiday periods (although the punctuation in this section makes this really unclear).

Section 74 states that if a foreign student's work permit expires or, in some cases (specified in section 73(1)-73(5)), is annulled they are not necessarily required to leave the country in the same way that other workers are.

These are all the references to foreign students that I can find.

However, this particular act does not give guidelines about what is required in order for foreign students to work the alloted 16 hours a week eg work permits, permission from their university etc. Does anyone know where I could find this information?
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