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法規名稱(Title) Alien Entry Prohibition Operation Directions Ch
公發布日(Date) 2013.01.22
法規沿革(Legislative) •Promulgated by Decree of the Ministry of the Interior Tai(86)-Nei- Yi-Tzu No. 8981580 on August 22th, 2000

•Promulgated by Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 0971010406 on August 1st, 2008 and became effective on August 1st, 2008 (Original name: Operation Directions for Information on Entry Control of Foreign Nationals)
•Promulgated by Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 0980958755 on June 3rd, 2009 and became effective on June 15th, 2009

•Items 2, 6, 13 amended by Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 0980958759 on July 28th, 2009 and became effective on August 1st, 2009
•Items 8, 9, 10 amended by Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 0990930854 on February 25th, 2010

•Items 6,9,10 amended by Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 0990930868 on December 23rd, 2010; the added items 14,15 became effective on January 1st, 2011.

•Promulgated by Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 10209547062 on January 22th, 2013 and becoming effective on January 25th, 2013.
法規內文(Content)

Ι. These Operational Directions have been enacted to enforce the entry ban of foreign nationals in accordance with Article 18 of the Immigration Act (hereinafter referred to as “the Act”).

II. Any foreign national under one of the following conditions shall be banned from entry for a period prescribed below:

a  For refusing to present his/her passport for inspection, the foreign national shall be banned from entry for three years;

b  For holding an illegally obtained, counterfeited, or falsified passport or visa, the foreign national shall be banned from entry for ten years;

c  For using another person’s passport or holding a passport obtained on false pretenses, the foreign national shall be banned from entry for ten years;

d  For misrepresenting the purpose of the visit or withholding important information while applying for entry, the foreign national shall be banned from entry for one to three years;

e  For possessing contraband, the foreign national shall be banned from entry for five years;

f   For suffering from a contagious disease or other sickness that threatens the public health or social tranquility, the foreign national shall be banned from entry until the disease or sickness is fully cured;

g  For suffering from a mental illness that threatens the public health or social tranquility, the foreign national shall be banned from entry for one year;

h  For being deported due to having entered without undergoing inspection or having made temporary entry without obtaining permission, the foreign national shall be banned from entry for ten years;

i   For being deported or ordered to leave the State before the deadline due to having engaged in activity inconsistent with the stated purpose provided in the application for the visit or residency, the foreign national shall be banned from entry for three to five years;

j   For violating the social moral code, the foreign national shall be banned from entry for three to five years.

The period of the entry ban for all ten of the stipulations in the preceding paragraph is calculated beginning from the day following the denial of entry, or exit of the foreign national.

However, for incidences stated in subparagraphs 2 to 4 of the preceding paragraph that occur abroad, the period of the ban shall be counted beginning from the day that the incidents occurred. If date of occurrence is unclear, then the ban shall be counted beginning from the day that the responsible authorities notify the National Immigration Agency of the Ministry of the Interior of the matter.

 III. Any foreign national having a criminal record in Taiwan or a foreign country shall be banned from entry for a period prescribed below:

a    Having been sentenced for less than a year of imprisonment, the foreign national shall be banned from entry for 7 years;

b    Having been sentenced for more than a year but less than 3 years under imprisonment, the foreign national shall be banned from entry for 8 years;

c    Having been sentenced for more than 3 years but less than 5 years of imprisonment, the foreign national shall be banned from entry for 9 years;

d  Having been sentenced for more than 5 years under imprisonment, the foreign national shall be banned from entry for 10 years.

The period of the entry ban in the preceding paragraph is calculated beginning from the day following the exit of the foreign national.

 Having a criminal record in a foreign country, the foreign national shall be   dealt in accordance with Paragraph one, the period of entry ban is calculated beginning from the day of conviction.

 IV. Any foreign national having overstayed his/her visit, period of residency, or having worked illegally, shall be banned from entry for a period prescribed below:

a  Overstaying the visit or period of residency for under one year, the foreign national shall be banned from entry for one year; overstaying over one year, the foreign national shall be banned from entry for a period equal to the length of the overstay, but the entry ban shall not exceed three years;

b  Working illegally, the foreign national shall be banned from entry for three years.

   The period of the entry ban stated in the preceding paragraph is calculated from the day following the exit of the foreign national.

V. Any foreign national who poses a possible threat to the national interest, public safety, social order, or who is under suspicion of engaging in terrorist activity, shall be banned from entry starting from the day when the National Immigration Agency receives a written request from relevant governmental authorities, and the matter shall be referred to the Entry/Exit & Immigration Applications Review Committee for evaluation and further actions.

VI. The National Immigration Agency may ban any foreign national from entry for lifetime if he/she escaped during the period of detention or deportation in accordance to item II or V of the Direction.

VII. Any foreign national overstaying his/her visit or residency under any of the following conditions may be exempted from the ban:

a  Having overstayed the visit or residency for less than ninety-one days; however, entry through the visa-waiver or landing visa shall be disallowed for one year;

b  Being under 18 years old;

c  Studying as a student at a public school, or a private or international school registered and established in accordance with the law;

d  Having married an ROC national with household registration in the Taiwan Area (hereinafter referred to as an R.O.C. citizen or R.O.C. citizenship) for over three years and the marriage having been registered in the Taiwan area (hereafter referred to as has the marriage registration);

e  Being married with marriage registration to an ROC citizen, and also having a biological child with the citizen;

f  Having a special circumstance reviewed and recognized by the NIA to be extraordinary, where the ban imposed may cause possible major and irrevocable harm.

 VIII. The entry ban of any human trafficking victim imposed as a result of being subjected to human trafficking may be shortened or waived.

IX. Any foreign national married with marriage registration to an R.O.C. citizen and also having a biological child born with the citizen, having violated Taiwanese criminal law and having been sentenced to less than 6 month of imprisonment, or detention (or having been fined, having been exempted from punishment, having had deferred prosecution, or having not been prosecuted) may not be banned from entry and has the right to apply for a wavier of an entry ban.

The time-period of the entry ban of anyone whose spouse or parent is an ROC citizen, a Taiwanese national without household registration legally residing in the Taiwan Area or a foreign national currently residing in the Taiwan Area holding an Alien Permanent Resident Certificate (hereafter referred to as a permanent resident) may be reduced by half of the duration of the ban, except for those who have committed a crime and have been given a sentence of 3 years or more.

X. Any foreign national married with marriage registration to an ROC citizen, or, with relevant supporting document certifying the marriage to a permanent resident, or with a legal national without household registration, may apply for a waiver on an entry ban if he/she meets one of the following conditions:

a  His/Her Taiwanese spouse is suffering from a serious illness;

b   His wife has been pregnant for over 21 weeks;

c  He/She has a biological child who is an ROC citizen with the spouse;

d  He/She was married before the entry ban and exited the country for one year;

e  He/She was married within the period of the entry ban and was married for over one year.

     Any foreign national who has been banned from entry due to overstaying his/her stay, period of residency, or working illegally may apply for a waiver on an entry ban if he/she meets one of the following conditions:

a   He/She obtained the rights and obligations to take care of a biological minor child who is an ROC citizen ;

b  Due to domestic violence, he/she has been granted a divorce by a court, and he/she has a biological minor child with an ROC citizenship.

Anyone married to an ROC citizen working under the provisions stipulated in subparagraph 8 to 10 of paragraph 1, Article 46 of the Employment Service Act, who is subjected to an entry ban due to a continuous absence from work for three days with a loss of contact, and therefore engaging in activity inconsistent with the stated purpose of the visit or residency application, may apply for a wavier of the entry ban under one of the conditions stated in subparagraphs 1 to 5 of paragraph one.

XI. The application for a waiver of an entry ban or the period of the ban being reduced by half, pursuant to Item IX, or paragraph 1 or paragraph 3 of Item X shall be filed by the spouse or relative of the foreign national with the National Immigration Agency with the following documents:

a  An application letter;

b  A copy of the foreign national’s passport;

c  A copy of the Alien Permanent Resident Certificate, Resident Certificate in the Taiwan Area, R.O.C. passport, household registry, or R.O.C. Identification Card of the applicant’s spouse or parents

d  Other relevant supporting documents may include:

1. The application of a spouse suffering from a serious illness shall be filed along with a critical condition notice or severe disability certificate issued by hospitals certified by the Department of Health of the Executive Yuan;

2.  The application for a spouse who is pregnant for over 21 weeks shall be filed with a medical certificate issued by the hospitals in Taiwan or abroad (at hospitals that are recognized by the Department of health, Executive Yuan;

      3.  An applicant who is married to an R.O.C. citizen and having a biological child with his/her spouse must attach a birth certificate of the child or the Taiwanese passport of the child; if the spouse or the applicant is pregnant without or before a legal marriage relationship, then the original document of the DNA examination of the child is required;

4.   An applicant who has a biological child an R.O.C. citizen with his/her spouse must attach supporting documents proving his/her relationship with the child;

5. An applicant to whom the parents or spouse is a permanent resident or a national without household registration residing in Taiwan legally must attach supporting documents certifying the kinship between them.

Any document stated in the preceding paragraphs written in a foreign language shall be attached with a Chinese translation validated by the Ministry of Foreign Affairs and an overseas embassy, diplomatic office, representative office, or other Ministry of Foreign Affairs authorized organization (hereinafter referred to as a foreign diplomatic mission), or notarized in Taiwan. Any document issued abroad shall be validated by a foreign diplomatic mission.

 XII. The application for a waiver of an entry ban pursuant to subparagraphs 2, Item X shall be delivered to the National Immigration Agency with the following documents:

a  An application letter;

b  A copy of the foreign national’s passport;

c  The court’s verdict or the supporting documents stating that the applicant obtained the right or obligation to bear the duty or responsibility for the biological minor child;

d  Documents attesting that the applicant has a biological minor child with ROC citizenship. 

XIII. Any foreign national who has been banned from entry shall be permitted to enter Taiwan temporary for legal prosecution after the legal authorities notify the National Immigration Agency.

XIV. Any foreign national and his/her spousehaving knowledge and experience in specialized technology recognized by the related central competent authorities to be highly needed in Taiwan or not easily cultivated in Taiwan in a short-term period may apply for a waiver of an entry ban if it is imposed due to the foreign national’s having overstayed his/her visit or period of residency, or having worked illegally. 

XV. The application for a waiver of an entry ban pursuant to Item XIV shall be delivered to the National Immigration Agency with the following documents:

a  A application letter;

b  The copy of the applicant’s passport;

c  The certificated documents issued by the related central competent authorities;

d  Documents attesting to the marriage, if the applicant is a foreign spouse.

 Any document stated in the preceding paragraph in a foreign language shall be attached with a Chinese translation authenticated by an ROC diplomatic mission or notarized in Taiwan. Any document issued abroad shall be authenticated by an overseas ROC office.

XVI. Deportation cases may be reviewed by the Entry/Exit & Immigration Applications Review Committee; if a resolution is approved not to deport a person in a particular case, the subject shall be exempted from the ban.

XVII. Item IX may be applied to resolutions approved by the Entry/Exit & Immigration Applications Review Committee regarding entry ban cases with specific time period restrictions.