The Enforcement Rules are enacted in accordance with Article 96 of the Immigration Act (hereinafter referred to as “the Act”)
Before the unification of the Republic of China, the address of entering and/or exiting the State, stated in the Act, refers to entering and/or exiting the Taiwan Area.
The term “period of residency,” as stated in Subparagraphs 7 and 8 of Article 3 of the Act, refers to a continuous period of a visit or residency.
The term “residency in the Taiwan Area for more than sixmonths,” as stipulated in Subparagraph 8 of Article 3 of the Act, shall excludethe extended stay specified in the proviso of Paragraph 1 of Article 8 of the Act or by other exceptional incidents.
Article 4 (deleted)
The term “the competent authorities” in Subparagraphs 4 to 6 of Paragraph 1, as stated in Subparagraph 4 of Article 6 of the Act, refers to the National Security Bureau, the Investigation Bureau of the Ministry of Justice, and the National Police Agency of the Ministry of Interior.
The competent authorities shall immediately notify the National Immigration Agency of the Ministry of Interior (hereinafter referred to as the “National Immigration Agency”) to revoke the ban on entry into and/or exit from the State provided that such a ban ceases to be a necessity.
The National Immigration Agency shall review all banned entry cases annually, notified by various competent authorities that ban the entry into and exit from the State. The cases that involve unpaid taxes shall not be reviewed unless they have been pending for over five years.
Those who already entered the State may authorize others or immigrations service organizations to apply for residence, change of purpose for residence, permanent residency, or residency establishment.
Should applications referred to in the previous paragraph be filed by legal guardian of the applicant, the authorization documents may be exempted.
Application materials for residence, change of purpose for residence, permanent residency and residency establishment, submitted with error or incomplete, shall supplement the required documents within fifteen days from the next day upon which the National Immigration Agency delivers the notification in writing. The allowed period of time for supplementary filing is three months for individuals who are requesting foreign documents or is submitting their applications from foreign countries.
Should the required documents fail to be supplemented within the periods provided for in the preceding paragraph, the applications shall be rejected.
The annual quota of residence, permanent residency, or residency establishment shall be divided evenly into each month. Applications shall be assigned with numbers in the order they are approved. The monthly quota is then applied according to the sequence of the number for each application. In the case of an application is denied after being counted in the quota, the next number shall fill the quota.
The unused quota of the current month may be allocated to the next month; the monthly quota of the upcoming month shall not be used in advance.
The Visit, Residence, and Residency Establishment of National without Household Registration in the Taiwan Area
The term "a certain amount of capital," as stated in Subparagraph 6 of Paragraph 1 of Article 9 of the Act, refers to NT$ 10,000,000.
The term "special skills and experiences," as stated in Subparagraph 9 of Paragraph 1 of Article 9 of the Act, refers to one of the following instances:
1. Possessing professional skills in the emerging industries, key techniques, key components and products;
2. Having outstanding achievements in optical electricity, telecommunications technologies, industrial automation, applied materials, advanced sensing systems, bio-technologies, resource development, or energy conservation, in which the related expertise is urgently needed or cannot be cultivated in a short period of time in the Taiwan Area;
3. Having special achievements in the field of highway, high-speed railway, mass rapid transit system, telecommunications, aviation, navigation, deep-water construction, meteorology, or seismology, in which related expertise is urgently needed or cannot be cultivated in a short period of time in the Taiwan Area;
4. Possessing other special skills and experiences ratified ad hoc by the central authorities in charge of the fields.
If nationals without household registration in the Taiwan area (hereinafter referred to as“NWOHR”) are engaged in the employment specified in Paragraph 1 of Article 46 of the Employment Service Act in the Taiwan Area and applying for residence pursuant to Subparagraph 11 or Subparagraph 15 of Paragraph 1 of Article 9 of the Act, the National Immigration Agency shall review their applications by applying mutatis mutandis the Employment Service Act pertaining to the employment permission for foreigners.
The National Immigration Agency shall notify all competent central authorities when revoking or rescinding permission for residence, or residency establishment pursuant to Paragraphs 2 and 3 of Article 11 of the Act.
Should a national with household registration in the Taiwan Area (hereinafter referred to as “NWHR”) entered the State with counterfeit, altered, passports or a passport that does not belong to him/her. After the prosecutor has closed the investigation on such offence, he/she shall complete the entry procedures with the documents listed below at the National Immigration Agency. For those who enter the State without inspection shall follow the same procedure until a final and unappealable disposition has been rendered pursuant to Article 84 of the Act:
1. Application for entering the State.
2. Copy of the indictment or dismissal, or relevant documentation.
3. Copy of original national identification card, household certificate.
NWHR referred to in the previous paragraph may be issued a copy of entry and exit permit by the National Immigration Agency. For a NWHR who has completed move-out registration at the Household Registration Office, the National Immigration Agency shall notify the Household Registration Office to complete the move-in registration for aforementioned NWHRs.
Alien's Entry and Exit, Visit, Residence, and Permanent Residence
Continuous legal residence and legal residence refer to the period of residence completed by the holder of the Alien Resident Certificate, as stated in Paragraph 1 of Article 25 of the Act. The period of residence, completed before the Act goes into effect, may be included in applications for permanent residence.
The” considerable property, skill or talent that enables one to be self-sufficient”, as stated in subparagraph 3, paragraph 1, Article 25 of this Act, is stipulated as follows:
1. Anyone applying for permanent residence as the spouse of an ROC national shall present any of the following documents acknowledged by the National Immigration Agency:
(1) Statement of income, taxation, movable or immovable property in Taiwan;
(2) Statement issued by the employer to certify employment, or the applicant’s own statement in writing detailing job descriptions and incomes;
(3) Certificate issued by the R.O.C. government certifying that its holder is a professional or technician or has passed a technical test;
(4) Other document that is sufficient to prove that the applicant is capable of supporting himself or herself or making a living.
2. Anyone applying for permanent residence with circumstances other than the one stated in the preceding subparagraph shall meet one of the following conditions:
(1) Having an average monthly income in Taiwan in the previous year that is more than twice of the Monthly Minimum Wage promulgated by the Council of Labor Affairs;
(2) Having movable or immovable property in Taiwan with a total value worth more than NT$5,000,000;
(3) Having a certificate issued by the ROC government that certify people with specialized professionalism, techniques or have passed a technical test.
(4) Other condition(s) recognized by the National Immigration Agency.
Documents stated in items 1, 2 and 4 of subparagraph 1 of the preceding paragraph shall be submitted by the applicant and the following kin with household registration in Taiwan (having Taiwan citizenship) and not receiving a living allowance:
The amount set in items 1 and 2 of subparagraph 2 of paragraph 1 shall include the income or property of the applicant and the following kin with household registration in Taiwan (Having Taiwan citizenship):
Certificates that certify people with specialized professionalism, techniques or have passed a technical test as stated in item 3 of subparagraph 2 and item 3 of subparagraph 1 of paragraph 1 shall be submitted by the applicant and the following kin with household registration in Taiwan (Having Taiwan citizenship):
A letter of guarantee to assure the livelihood of the applicant in Taiwan shall be provided by one of the kin specified in the subparagraphs of the preceding paragraph, who has submitted the certificate that certifies people with specialized professionalism, techniques or have passed a technical test as stated in item 3 of subparagraph 2 and item 3 of subparagraph 1 of paragraph 1.
The Ministry of Foreign Affairs, Embassies and Consulates of the Republic of China, Representative Office, Office or other institutions authorized by the Ministry of Foreign Affairs (hereinafter referred to as “overseas embassies”) shall issue the resident visa pursuant to the allotted quota in Paragraph 8 of Article 25 of the Act.
The term “diplomats who are posted in the State, their dependents and entourages” as stated in Subparagraph 1 of Paragraph 1 of Article 27 of the Act refers to those who obtained the Diplomat Certificate or the Certificate for Foreign Entourage from the Ministry of Foreign Affairs.
The term “officials who perform the official duties of a foreign or international organization set up in the State, their dependents and entourages” as stated in Subparagraph 2 of Paragraph 1 of Article 27 of the Act refers to those who obtain the Certificate for Officials in Foreign Organization, Certificate for Officials in International Organization, Certificate for Foreign Entourages in Foreign Organization, and Certificate for Foreign Entourages in International Organization.
The National Immigration Agency shall notify relevant competent central authorities when revoking or rescinding the alien residency approval or permanent residency approval pursuant to Paragraph 4 of Article 31, Article 32, and Article 33.
During visiting or residency, if aliens engage in certain activities that are different from the purposes of their visits, residence or the purpose declared on the E/D card besides tourism, visiting relatives or friends, or other activities that are necessary in daily life and not prohibited by laws, the Subparagraph 6 of Paragraph 1 of Article 36 of the Act shall not applied.
Chapter 4 (deleted)
Unregistered nationals, who are deported pursuant to Paragraph 1 of Article 15 of the Act, or aliens, who are forcibly deported pursuant to Paragraph 1 of Article 36 of the Act, shall pay for the plane/boat ticket themselves. If they cannot afford it, the National Immigration Agency shall finance such expenses in its budget, unless other laws stipulate.
When compulsory deporting unregistered nationals or aliens, the National Immigration Agency shall assign officers to escort the subjects to airports/seaports, monitor their exit, and hand over their documents to the captain of the aircraft/vessel or other authorized person for safekeeping. In case of possible resistance of deportation or abscond, the National Immigration Agency shall assign officers to escort them to the destined country or area.
Responsibilities of Transport Services Proprietors and Immigration Guidance
The term “related expenditures that shall be paid by transport services proprietors,” as stated in Paragraph 2 of Article 50 of the Act, shall include accommodations, living, medical expenses, and fees paid by the competent authorities for attendance.
The competent authorities shall collect and compile information concerning the geographical environment, social background, politics, laws, economy, culture, education, manpower demands, and immigration qualifications of the recipient countries or districts, and provide the information for people who intend to immigrate.
The competent authorities may entrust relevant institutions to conduct immigration planning, consultation, seminars, or provide language and technical training to assist potential immigrants adapting to the recipient countries and getting employed successfully.
The competent authorities shall collect information concerning foreign warfare, epidemics, the countries or areas that reject our nationals, and timely publish the information for public reference.
Immigration service organizations, shall dissuade nationals who plan to immigrate to the countries or areas under warfare, epidemics erupt, or rejecting our nationals.
The term “private organizations,” as stated in Article 53 of the Act, refers to foundations, immigration organizations, or the immigration service organizations established pursuant to the Act.
Private organizations, while conducting mass immigrations, shall first consult with recipient countries. The competent authorities shall coordinate with the Ministry of Foreign Affairs to represent the government to sign mass immigration accords with recipient governments.
The competent authorities may join related departments such as the Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economic Affairs, Ministry of Education, Overseas Chinese Affairs Commission, Executive Yuan's Council of Agriculture, Executive Yuan's Council of Labor Affairs, etc., in sending officers to recipient countries or areas to study the feasibility of mass immigrations.
The competent authorities based on the principle of reciprocity, through international economic cooperative investments, rewarded overseas investments, agricultural technique cooperation or other measures, may sign mass immigration cooperation with countries or areas that welcome our immigrants, or coordinate with the Ministry of Foreign Affairs to represent the government to sign mass immigration accords with recipient governments.
The competent authorities may entrust related agencies or groups to conduct planning, selection, and training for mass immigrations and provide counseling, assistance, and attendance for immigrants.
The term “immigration funds,” as stated in Articles 56, 57, and 79 of the Act, refers to the investment plans, projects or funds designated by recipient countries for person who qualified for residency in the recipient country through investment.
The term “immigration service organizations,” as stated in Paragraph 4 of Article 56 of the Act, refers to organizations that conduct immigration affairs and pursuant to the Business Organization Act or the Private Organization Act.
The term “remunerations” in Paragraph 2 of Article 58 of the Act refers to the agreed or claimed considerations paid by parties being matched, for brokerage service, reporting matchmaking opportunities, or introducing marriage subject.
The “information on matchmaking businesses,” as referred from Paragraph 2 of Article 59 of the Act, shall include the following lists:
1. Staff list: should include name, serial number generation of national identification card, sex, address, telephone number, title, date of employment, and date of resignation.
2. Receipts for various fees.
3. Accounting statements.
4. Reports of transnational marriage match business.
5. Written contracts.
6. Other documents that are required to be preserved by the National Immigration Agency in public notice and the Government Notices.
The National Immigration Agency may send a written notice to notify related parties presenting their opinions to the need of verifying facts and evidences.
The National Immigration Agency may require related parties or a third party to provide necessary documentation, data, or articles to the need of verifying facts and evidences.
The National Immigration Agency may select proper individuals, agencies, or organizations to conduct authentication.
In order to understand the fact, the National Immigration Agency may conduct investigations and examinations.
If an entry and exit permit, issued by the Act or the Enforcement Rules, is damaged or lost, a replacement or a reissue shall be applied by submitting the following documents; the original permit shall be nullified when a replacement or a reissue is issued:
1. Entry and exit permit application form;
2. Affidavit regarding the damaged or lost document.
If a Resident Certificate, Alien Resident Certificate, Alien Permanent Resident Certificate, or Immigration Service Registration Certificate of the Taiwan Area, issued by the Act or the Enforcement Rules, is damaged or lost, a replacement or a reissue shall be valid for a period no longer than the remaining valid period of the original certificate. A replacement or a reissue shall be applied by submitting the following documents:
1. Residency or immigration service registration application form;
2. Documents proving that the application is qualified; and
3. Affidavit regarding the damaged or lost certificate.
Individuals, legal representatives, or interested parties may apply for certificates relevant to their entry and exit from the National Immigration Agency.
If the required documents are made in foreign countries, they shall be certified by the overseas embassies; if the required documents are made by foreign missions or licensed institutions in the Republic of China, they shall be certified by the Ministry of Foreign Affairs.
If documents referred from the previous paragraph are written in foreign language, the National Immigration Agency shall requests the applicants to attach a Chinese translation certified by the overseas embassies or accredited by domestic notary public shall also be submitted; if the applicant does not attach the following documents within the given date, the application will be rejected.
If the documents referred from Paragraph 1 are among police record, they may be authenticated by the foreign missions of the issuing country in the Republic of China, representative or organization authorized by such as mission.
Photos used in applications for entry, exit, and immigration cases shall comply with the format of the national identification card.
The enactment date of this Act will be announced by the Ministry of the Interior.
The new Act’s entire 41 articles were promulgated on 14 October 2008 by the Ministry of the Interior and its effective date was to be set by the same ministry.
Article 16 was promulgated on 14 October 2008 by the Ministry of the Interior and went into effect on 16 October 2008 by the Ministry of the Interior.