APRC for kids in foreign spouse family

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.

APRC for kids in foreign spouse family

Postby Visitor » 16 May 2001, 06:16

If the holder of PR has kids, can the children apply for PR (through their foreign parent)? Are there any age limits? Or is there an alternative solution to the children's residency problem, for instance annual ARCs?

How does it work if both parents are foreigners? Is the situation different if one of the spouses is an ROC citizen?

Thanks!
Visitor
 
ORIGINAL POSTER



PR and kids

Postby Visitor » 16 May 2001, 07:29

If both parents are foreigners, then the children could apply for permanent residency in Taiwan at the age of twenty, if they meet the basic requirement of continuous residency of seven years with 270 days per year in the country, plus other requirements. They can also use their parents income or assets to qualify for the "financial stability" requirement at that early adulthood age.

If one of the parents is an ROC citizen, then the child are considered to be an ROC citizen, and cannot apply for permanent residency according to the legal structure here in 2001. Three options are available: (1) At or before the age of 20 the child would have to formally complete the procedures to obtain an ROC ID card, or (2) at the age of 20 switch to a tourist visa, or (3) sue the Ministry of the Interior now to invalidate the child's currently interpreted ROC nationality status.
Visitor
 
ORIGINAL POSTER



PR and kids

Postby Visitor » 18 May 2001, 00:09

If the children have an ROC parent, but were born oveseas and have never been registered in Taiwan by the ROC parent and are here because their foreign parent works and has an ARC or PR, can they apply before they are 20 ?
In my case, I have lived here for 13 years, my 3 boys were born in the UK, they are registered on my ARC through my job, I am not married in Taiwan - what status are they ?
Visitor
 
ORIGINAL POSTER



PR and kids

Postby Visitor » 18 May 2001, 04:13

I am a little confused about your marital situation. I believe that you are implying that the boys' father is a Taiwan citizen, correct? Is his Household Registration in Taiwan still current, or has it expired? Where is he now? Is the marriage still valid, or has there been a divorce?

For the time being, I will assume that the Taiwan father is working in the UK, and you are still married. If the marriage is not registered in Taiwan, and there is no mention of the "Taiwanese father" on any existant paperwork (filed in conjunction with the children's residency applications), then it is certain that they will be regarded as pure foreigners, since they hold UK passports and have ARCs stating that they are citizens of the UK. Hence, they could only apply for PR at the age of 20.

On the other hand, if the existence of the Taiwan father is known, and the marriage is registered in Taiwan, then the picture changes considerably. Under the current MOI interpretation, the children could not apply for PR at all. This becomes a serious problem at the age of twenty, when the children can no longer renew their ARCs based on a "dependency to a parent" status.
Visitor
 
ORIGINAL POSTER



PR and kids

Postby Visitor » 22 May 2001, 02:20

The boys father is a Taiwanese citizen, he only has a Taiwanese passport and he has Taiwanese Household registration.
His Taiwanese ID card shows his marital status as being single.
We were married on two occasions in Taiwan, but did not register the marriage as we were already legally married in the UK and therefore I was unable to get a certificate of singleness.
We are not divorced and so are still legally
married in both countries, but just not registered as married in Taiwan.
The boys were all born in the UK, have their fathers English name on their birth ceertificates, but for their ARC's in Taiwan, I have never mentioned their father and always used my employment to get mine and their ARC's.
So, I presume that the MOI cannot say they are Chinese and so what can they do in the period between now and 20 ?
I want to get PR using my residential status for over 7 years and not involve my husband and so what will happen to the boys ? do they stil need to get ARC's every year ?
Thanks for your comments
Visitor
 
ORIGINAL POSTER



PR and kids

Postby Visitor » 22 May 2001, 07:40

How old are the boys now?
Visitor
 
ORIGINAL POSTER



PR and kids

Postby Visitor » 22 May 2001, 09:52

They are 5 and 3
Visitor
 
ORIGINAL POSTER



PR and kids

Postby tig1sie » 02 Jul 2001, 15:47

this topic is interesting, can we continue, please?

What will happen to boys3's kids' residential/visa status when their mum gets PR?

Can she still apply for ARC's for them? I gather they can only apply for PR when they are 20?
tig1sie
 
ORIGINAL POSTER



PR and kids

Postby chichodude » 03 Jul 2001, 00:48

Hi there:

I am from Panama and my wife is Taiwanese, so I got my ARC pretty easy and quickly, we also married legally in Panama before we came to Taiwan

What we did was to translate our marriage certificate to Chinese and authenticate it on the PRC Embassy in Panama, so basically there's no need to marry (legally) again in Taiwan

Do you have PRC Embassy in UK or some consulate offices or related?

My future childrens by right can have both nationalities (Panamanian and Taiwanese)

So it depends on where you plan to stay in the future for long term

Having a nationality gives you the chance to work without work permit and other benefits, only that you need to go to do military services (only if you are a man), but I think at the time when your boys got adult, the government should already approved the new law, which let you to choose between military and diplomatic services (or if Taiwan already unified with the Mainland) then who knows what's the legistation at that time

Hope this helps!
chichodude
 
ORIGINAL POSTER



FRIENDLY REMINDER
   Please remember that Forumosa is not responsible for the content that appears on the other side of links that Forumosans post on our forums. As a discussion website, we encourage open and frank debate. We have learned that the most effective way to address questionable claims or accusations on Forumosa is by engaging in a sincere and constructive conversation. To make this website work, we must all feel safe in expressing our opinions, this also means backing up any claims with hard facts, including links to other websites.
   Please also remember that one should not believe everything one reads on the Internet, particularly from websites whose content cannot be easily verified or substantiated. Use your common sense and do not hesitate to ask for proof.




Proceed to Visa & Residency Issues



Who is online

Forumosans browsing this forum: No Forumosans and 2 visitors

Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid - ALBERT EINSTEIN