A presentation I gave at the Taiwan National Immigration Agency's 2014 International Conference on Immigration Policy. Covers permanent residence, ARC extensions, the new work permit points system for foreign national graduates of Taiwanese university, and a case study.

1. 2014 International Conference on
Immigration Policy
Life Convenience - A Review on the Results
of the
Governmental Deregulation
Michael Fahey
mfahey@winklerpartners.com

2. Contents
1. Permanent Residence
2. Extensions of Residence
a) Students and professionals
b) Children of Residents
3. Employment Authorization (Points System)
4. Case Study

3. Permanent Residence (I)
• Immigration Act §25
– Policy Objectives
• Missionaries
• (Japanese) spouses of deceased Taiwanese nationals
– Benefits
• Unlimited residence if reside in Taiwan 183
days/year
• Authorized to work without restrictions on type of
work, minimum salary, or minimum capitalization
of employer

4. Permanent Residence (I)
Year Liberalization Comment
1999 Single 7 years/270 days Permanent residence created.
No work rights
Spouse 5 years/183 days
2002 Exempt from employment
restrictions (“open work
permit”)
Key benefit makes permanent
residence attractive
2002 5 years/183 days Unification of residence
period
2004 Financial requirement
reduced
2x minimum wage for one
year (formerly three years)
2012 Foreign criminal record
requirement relaxed
Easier to apply

5. Permanent Residence: Barriers
• Financial requirements
– Foreign national spouses of permanent residents can’t
aggregate income or assets of spouse.
– Foreign national spouses of Taiwanese citizens can
aggregate
• Entrance on landing visa or visitor visa resets the
permanent residence clock

6. Permanent Residents: 2010-2014
220
Permanent Residents
1649
5623
10811
12000
10000
8000
6000
4000
2000
0
2001 2005 2010 2014.9
Perm. Residents

7. Extensions of Residence (I)
• Regulations Governing Visiting, Residency,
and Permanent Residency of Aliens (2014)
§ 22
– Students and foreign professionals can apply
for six-month extension of residence
– Policy Objectives: retain international talent

8. Extensions of Residence (I)
ARC Extensions since 2014.4
343
525
600
500
400
300
200
100
0
Professionals Students

9. Extensions of Residence (II)
• Regulations Governing Visiting, Residency,
and Permanent Residency of Aliens (2014)
§8
– On reaching age of 20
– Parents are residents or permanent residents
– 10 years cumulative residence (270 days);
– Entered Taiwan before age of 16 (270 days); or
– Born in Taiwan, 10 years cumulative residence
(183 days)

10. Extensions of Residence (II)
• Regulations Governing Visiting, Residency,
and Permanent Residency of Aliens (2014)
§ 8
– Up to two three-year extensions
– No work authorization
– Policy: keep families together
– Extensions granted since April 2014: 9

11. Points System
• Qualifications and Criteria Standards for
foreigners undertaking the jobs specified under
Article 46.1.1 to 46.1.6 of the Employment
Service Act(2014) § 5-1
– Applies to graduates of Taiwanese universities
– Professional and technical jobs
– Eliminates minimum salary requirement
– Students must get 70 points
– Work permits granted (2014.9.30): 259

12. Case Study
Family
Member
Arrived Age at Arrival Residence Work
Authorization?
Father 1998 N/A Permanent Yes (open)
Mother 1998 N/A Dependent No
Eldest
1998 6 Resident
Daughter
(student)
Yes (open, 16hrs)
Eldest Son 1998 3 Left TW No
Second Son Birth 0 Dependent No
Third Son Birth 0 Dependent No

13. Case Study
– Eldest Son
– Arrived in Taiwan at age 3
– Primary and secondary education at Taiwanese
pubic schools in Tamsui and Kaohsiung
– One year of college (applied mathematics) in
Taiwan
– Left Taiwan because he saw no future here
partly due to his lack of residency and work
rights

14. Case Study
• Eldest Daughter
– Primary and secondary education at Taiwanese public
schools in Tamsui, Kaohsiung, and Tainan
– Currently University student majoring in dance
– Currently has work authorization (open) for up to 16
hours. Able to support self and pay tuition.
– Can extend residence twice for three years after
graduation but loses work authorization

15. Case Study
• Eldest Daughter
– Can she get a work permit under new points
system?
– Yes if she can pass German test.

16. Case Study
Criterion Points Reason
Degree 10 BA (expected)
Salary 0 Likely salary <
NT$31,000 (US$1000)
Work experience 0 No full-time employment
Special Qualifications 0 Must be related to job
Chinese 30 Fluent because educated
in TW public schools
Foreign languages 20 German, English
Residence in foreign
country
10 Came to Taiwan at age of
6
Government
policy
0 No government policies
to promote dance industry
Total Score 70 Probably does not qualify.

17. Case Study
• Eldest Daughter
– Could she get a work permit in dance?
– No. Work in performing arts is not a
professional or technical job.
– Work permit to work as dancer requires
• Proof of work experience in Taiwan as a dancer
• Letter of recommendation from German authorities
or work experience overseas.

18. Case Study
• Mother
– Speaks seven languages
– Dependent residents cannot work without a work
permit
– Unable to obtain permanent residence after 16 years in
Taiwan because she cannot work and does not have
NT$5 million
– Would be able to obtain permanent residence and work
authorization if married to Taiwan citizen (aggregation
rule)

19. Case Study
• Mother
– Ordinary work permit requirements:
• Subject to scope of work restrictions,
• high minimum salary (NT$49,000, US$1,600),
• minimum employer capital requirements
– Cannot find employer who meets requirements
and willing to sponsor her for work permit
(does not live in northern Taiwan)

20. Case Study
• Mother
– Ordinary work permit requirements:
• Subject to scope of work restrictions,
• high minimum salary (NT$49,000, US$1,600),
• minimum employer capital requirements
– Cannot find employer who meets requirements
and willing to sponsor her for work permit
(does not live in northern Taiwan)

21. Case Study
• Second Son
– Primary and secondary education at Taiwanese
public schools
– Does not plan to attend university at this time
– Can extend residence twice for three years at
age 20
– No work authorization
– Anxious about his future in Taiwan

22. Forward Taiwan
• https://www.facebook.com/forwardtaiwan
• Forward Taiwan’s Detailed Immigration
Reform Proposals
• Summary of Forward Taiwan’s Immigration
Reform Proposals

23. • Thank you for listening.
• Discussion by Chen Hui-ling