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FAQ - Marriage, Foreign Spouses, Divorce

  • Q1: Is a foreigner married to a citizen of the Republic of China who is registered in a household in the Republic of China required to apply for a work permit?

    According to Article 48 of the Employment Services Act, a foreigner married to a citizen of the Republic of China who is registered in a household in the Republic of China is not required to apply for a work permit if his/her residence in the country has been approved.

  • Q2: Do foreign spouses working in R.O.C. territory have to apply for a permit?
    1. Authorized Authority: Council of Labor 
    2. Basis of Laws/Regulations: Proviso of Article 48, Employment Law
    3. Application Procedures: When employing foreigners, the employer should enclose relevant documents to make application to the authorized authority for the permit. However, the foreigners who marry Taiwan citizens who have households registered in R.O.C. territory and are permitted to reside here do not need to apply for the permit.
  • Q3: How do foreign spouses apply for an Alien Residence Certificate?

    I. Authorized Authority: National Immigration Agency

    II. Basis of Laws/Regulations: Entry/Exit and Immigration Law and the Enforcement Rules thereof,, and Regulations for Governing Stay, Residence and Permanent Residence of Foreigners.

    III. Application Procedures: Application should be made to the local service center of the National Immigration Agency.

    IV. Required Documents:

    1. A foreign national who enters Taiwan with a residency visa, and modifies the reasons of residency to be joining family.

    (1) An application form.

    (2) One recent photo of the applicant’s front face with no hat (4.5 cm x 3.5cm; the front face from top of the head to the chin shall not be shorter than 3.2cm or longer than 3.6cm; white background; front half-length color photo).

    (3) The original passport and visitor visa (returned upon verification).

    (4) Original ROC Identity Card or original Household Registration Book.

    (5) Proof of current residence.

    (6) A foreign spouse who is applying for an ARC the first time or applying to modify the residency reason to joining family because of marriage shall be accompanied by his/her Taiwanese spouse, and issued a valid ARC for one year. (One-year term: NT$1,000.)

    2. Any foreign national having made entry into Taiwan with a visitor visa valid for over 60 days and has not been restricted from an extension or imposed with other restrictions, may apply for residency and be granted an Alien Resident Certificate (hereinafter referred to as " the ARC") under one of the following conditions:

    (1) An application form.

    (2) One recent photo of the applicant's front face with no hat (4.5 cm x 3.5cm; the front face from top of the head to the chin shall not be shorter than 3.2cm or longer than 3.6cm; white background; front half-length color photo).

    (3) The original passport and visitor visa (returned upon verification).

    (4) A Health Certificate of examinations (hereafter referred to as the Certificate) taken within the past 3 months indicating good health.

    (5) The police records.

    • The Records shall contain the criminal history of the past 5 years.
    • An applicant has to submit the Records issued by his/her state of origin within one year starting from the issuing date and not exceeding the validity stated on the document. (The Records should be issued by the nationwide competent authority of the applicant's state of origin, i.e., the Records of a U.S. citizen should be issued by the Federal Bureau of Investigation (abbreviation as FBI) of the United States of America.)
    • An applicant who has had residency in Taiwan previously, and is applying for residency after re-entry with a visitor visa, if his/her time outside the border of Taiwan is under 3 months, the applicant does not need to submit the Records of his/her state of origin.

    (6) Original ROC Identity Card or original Household Registration Book.

    (7) Proof of current residence.

    (8) Application fee: NT$1,000 for one year ARC; plus NT$2,200 for Visitor’s Visa changing to residency status.

    V. Notes:

    1. Foreigners entering Taiwan with residence visa should apply for Alien Resident Certificate within 15 days after the day following entry.
    2. Those foreigners who apply for reissuing residence visa in this country should apply for Alien Resident Certificate within 15 days after the day following re-issuance of residence visa.
    3. Those foreigners who need continuous residence should go to the local service center of the National Immigration Agency to apply for extension within 30 days before expiration of their Alien Resident Certificate.
    4. For those foreigners who apply for an ARC for the first time must be accompanied by their spouses.

    VI. Time needed to review the application: 10 working days. (The receipt must be presented when picking up the ARC).

  • Q4: May foreign spouses in Taiwan participate in vocational training?

    I. Authorized Authority: Vocational Training Bureau, CLA, Executive Yuan

    II. Basis of Laws/Regulations: Paragraph 1 of Article 48, Employment Law

    III. Qualifications:

    1. A foreign spouse with a work permit (his/her wife/husband should be the R.O.C. national having household registration in R.O.C. territory and he/she has acquired residence certificate) may participate in the vocational training held by vocational training organizations or sponsored or entrusted by Vocation Training Bureau of Ministry of Labor Affair. However, he/she must pay a portion of fees chargeable to trainees.

    2. Those who have not yet obtained an ID card can not apply for subsistence allowance during training.

    3. The foreign spouses who have only obtained a residence permit or their employers may apply directly to the MOL, Executive Yuan for a work permit; after that, they can attend vocational training.

  • Q5: How do foreign spouses apply for registration of divorce?

    I. Authorized Authority: Ministry of the Interior (Population Administration Department)
    II. Basis of Laws/Regulations: Article 9, 26, 34, 47 of Domiciliary Registration Law
    III. Application Procedures:
    A. Divorce in Taiwan:

    1. Divorce by consent
      (1) Application should be made by both parties concerned and register in person at any household registration office.
      (2) If one of the individuals concerned cannot make the application in person, he/she should submit a letter of attorney requesting approval from Population Administration Office, then proceed with the application.
      (3) The effective date of divorce will be the day on which the registration of divorce is completed in the Population Administration Office.
    2. Divorce by decree of court
      (1) Application should be made by both parties or one party concerned and register in person at any household registration office.
      (2) If one of the individuals concerned cannot make the application in person, he/she should submit a letter of attorney requesting approval from the Office, then proceed with the application.
      (3) The effective date of divorce will be the day on which the decree is made by the court.

    B. Divorce abroad:

    1. Application should be made by both parties or by one party concerned (limited to divorce by decree) and shall bring related documents to ROC Embassies or Missions Abroad, organizations or civilian groups in Hong Kong and Macau designated by the Executive Yuan, to have them authenticated. After authentication, the documents will be forwarded to the household registration office where the applicant’s place of domicile is, or was originally, registered for divorce registration; or register in person at any household registration office.
    2. If one of the individuals concerned cannot make the application in person, he/she should submit a letter of attorney requesting approval from the Office, then proceed with the application. The letter of attorney should be certified by a R.O.C. embassy or representative if made abroad.

    IV. Required Documents:

    1. Divorce in Taiwan: The concerned parties' IDs (passport or permanent resident cards for foreigners), one color photograph taken in the recent 2 year, refer to the specifications required for the photographs applicable for the renewal of national ID cards implemented of the applicant shall be inspected, household registration of the R.O.C. national and divorce agreement or the divorce decree and decision of the court
    2. Divorce abroad: The concerned parties' IDs (passport or permanent resident cards for foreigners), one color photograph taken in the recent 2 year, refer to the specifications required for the photographs applicable for the renewal of national ID cards implemented of the applicant shall be inspected, household registration of the R.O.C. national, original copy and Chinese translation copy of certificate of divorce certified by a R.O.C. embassy or representative, or registration of divorce filed with the foreign country government.

     

  • Q6: How do foreign spouses who overstay their visas apply to exit the country?

    I. Authorized authority: The National Immigration Agency

    II. Basis of Laws/Regulations: Entry/Exit and Immigration Law and the Enforcement Rules thereof, Rules for Governing Stay, Residence and Permanent Residence of Foreigners,, and Investigation Procedures and Penalty Standards for Fine Cases Subject to Entry/Exit and Immigration Law.

    III. Application Procedures: Application should be submitted to the local service center of the National Immigration Agency.

    IV. Required Documents:

    1. Foreigners who have overstay less than 30 days:

    (1) An application form.

    (2) The original passport

    (3) Original ROC Identity Card or original Household Registration Book.

    (4) Pay the fine of overstay at the local NIA's service center.

    (5) Apply a new ARC (NT1,000).

    2. Foreigners who have overstayed less than 90 days:

    (1) An application form.

    (2) The original passport

    (3) Original ROC Identity Card or original Household Registration Book.

    (4) Pay the fine of overstay at the local NIA's service center.

    3. Foreigners have overstayed more than 91 days.

    (1) Go to the local NIA’s specialized brigade to make a statement of their overstay.

    (2) The original passport

    (3) Go to the local NIA’s service center to pay the fine and apply for an exit permit.

    V. Notes:

    1. For overstaying for a period not exceeding 30 days, fines can be paid and exit can be processed at the Airport or Port Brigades of the Border Affairs Corps of the National Immigration Agency; for a period exceeding 31 days or more, at the local service center of the National Immigration Agency.
    2. Standards of fines imposed upon foreigners who overstay are as follows:
      1. Overstay by 10 days and less: a fine of NT$1,000
      2. Overstay by 11 ~ 30 days: a fine of NT$3,000
      3. Overstay by 31~ 90 days: a fine of NT$5,000
      4. Over stay by91 days or more: a fine of NT$10,000
      5. For persons less than 18 years of age: 50% of the above fines