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法規名稱(Title) Alien Entry Prohibition Operation Directions Ch
公發布日(Date) 2013.12.10
法規沿革(Legislative) •The entire 15 articles of the Directions were enacted and promulgated by the Decree of the Ministry of the Interior Tai(86)-Nei- Yi-Tzu No. 8981580 on August 22nd 2000
•Amended and 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: Operational Directions for Information on Entry Control of Foreign Nationals)
•Amended and Promulgated by the Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 0980958755 on June 3rd 2009 and became effective on June 15th 2009
•Articles 2, 6, 13 of the Directions were amended and promulgated by the Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 0980958759 on July 28th 2009 and became effective on August 1st 2009
•Articles 8, 9, 10 were amended and promulgated by the Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 0990930854 on February 25th 2010
•Articles 6,9,10 were amended and promulgated by the Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 0990930868 on December 23rd 2010; some provisions added to Articles 14,15 which became effective on January 1st 2011.
•The Directions were amended and promulgated by the Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 10209547062 on January 22nd 2013 and became effective on January 25th 2013.
•The Directions were amended and promulgated by the Decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 10209582781 on December 10th 2013 and became effective on January 1st 2014.
法規內文(Content)

Ι. The Operational Directions have been enacted to enforce Article 18 of the Immigration Act (hereinafter referred to as “the Act”) that bans the entry of foreign nationals.

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

a  Refusing to present the passport for inspection, shall be subject to an entry ban for 3 years;

b  Holding an illegally obtained, counterfeited, or altered passport or visa, shall be subject to an entry ban for 10 years;

c  Using another person’s passport or holding a passport applied for under another person’s name shall be subject to a ban from entry for 10 years;

d  Presenting a false purpose for the visit or hiding important information while applying for entry shall be subject to a ban from entry for 1 to 3 years;

e Possessing contraband, shall be subject to a ban from entry for 5 years;

f   Suffering from a contagious disease or other illness that may threaten the public health or social tranquility, shall be subject to a ban from entry until the disease or sickness is fully cured;

g Suffering from a mental illness that may threaten the public health or social tranquility, shall be subject to a ban from entry for 1 year;

h Being deported as a result of having entered without being inspected or having made temporary entry without being permitted, shall be subject to a ban from entry for 10 years;

i   Being deported or ordered to leave the State before a deadline as a result of having engaged in activity inconsistent with the purpose provided in the application for the visit or residency, shall be subject to a ban from entry for 3 to 5 years;

j   Violating the social moral code, shall be subject to a ban from entry for 3 to 5 years.

The periods of the entry ban as set forth in the preceding paragraph start from the day following the denial of entry, or the exit of the foreign national. However, if the conditions stated in subparagraphs 2 to 4 of the preceding paragraph occur abroad, the ban period shall start from the day when the responsible authorities determine to be the day of the occurrence of the incidents. If the date of occurrence can not be determined by the responsible authorities, then the ban period shall start from the day when the responsible authorities notify the National Immigration Agency of the Ministry of the Interior of the occurrence.

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

a. Having been sentenced to 5 years or longer in prison by the court, the     subject shall be banned from entry for 10 years;

b. Having been sentenced to more than 3 years but less than 5 years in prison by the court, the subject shall be banned from entry for 9 years;

c. Having been sentenced to more than a year but less than 3 years in prison by the court, the subject shall be banned from entry for 8 years;

d. Having been sentenced to less than a year in prison by the court, the subject shall be banned from entry for 7 years;

e. Having been given a suspended sentence by the court, the subject shall be banned from entry for 6 years;

f. Having been subjected to detention or fine by the court, the subject shall be banned from entry for 5 years, and those who commit a sham marriage shall be banned from entry for 7 years;

g. Having been subjected to detention or fined and given a suspended sentence to prison or being exempted from any penalty by the court, the subject shall be banned from entry for 3 years;

h. Having been placed under drug rehabilitation in violation of the Narcotics Hazard Prevention Act, the subject shall be banned from entry for 5 years. If the prosecutor considers the subject to be free of further inclination for drug use and decides non-prosecution, the subject shall be banned from entry for 3 years;

i. Having been given a deferred prosecution by the prosecutor, the subject shall be banned from entry for 3 years but commit a sham marriage shall be banned from entry for 5 years;

j. Having been given a non-prosecution by the prosecutor, the subject shall be ban from entry for 3 years. Otherwise, a five-year entry ban shall be imposed for those having committed a sham marriage. Anyone meeting the conditions stated in Article 252 of the Code of Criminal Procedure shall be exempted from any entry ban. 

The period of the entry ban as prescribed in the preceding paragraph starts from the day following the exit of the foreign national.

 If the foreign national has a criminal record in a foreign country, Paragraph one above shall apply and the period of entry ban starts from the day of conviction.

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

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

b Working illegally, shall be subject to a ban from entry for three years.

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

V. Any foreign national, who is suspected of posing a possible threat to the State’s national interest, public safety, public order, or participating in terrorist activity, shall be banned from entry and the periods of Entry Ban are as following. The notification shall be referred to and reviewed by the Entry/Exit & Immigration Applications Review Committee under the Ministry of the Interior whose decisions shall be executed.

  a. Being a member of a terrorist group or engaging in terrorist activity, the subject shall be banned from entry permanently;

b. Being a suspect in a major crime, and wanted or reported by the International Criminal Police Organization or other foreign governments, the subject shall be banned from entry for 10 years;

c. Having been suspected of involving in human trafficking, the subject shall be banned from entry for 10 years. Anyone being found not

  guilty or meeting the conditions stated in Article 252 of the Code of Criminal Procedure with a ruling not to be prosecuted shall be exempted from any entry ban;

d. Having been suspected of involving in a crime or an offense against the Social Order Maintenance Act and been deported, the subject shall be banned from entry for 3 years. Anyone being found not guilty or meeting the conditions stated in Article 252 of the Code of Criminal Procedure with a ruling not to be prosecuted or not to give a penalty verdict shall be exempted from any entry ban;

e. A Person who might jeopardize the national interest, public safety or social order shall be banned from entry for 3 to 5 years. If the threat is serious, the period of entry ban is 10 years.

 

The period of the entry ban in the preceding paragraph starts from the following day of the exit of the subject, but if the circumstances happened in the foreign country according to the subparagraph 1 to 3 and 5 of the preceding paragraph, it starts from the date when the competent authority notifies the National Immigration Agency.

The Entry/Exit & Immigration Applications Review Committee will extend or shorten the period of the entry ban of the subject from 1 to 3 years according to the circumstances of the violation, times of the violation and the damage caused.

 

 

VI. Any foreign national who is deported or ordered to leave the State before a deadline according to the Immigration Act, is responsible for his/her own traveling expenses, necessary expenses (living expenses) of detention, and fines for his/her overstaying. For those failing to do so (the aforementioned fees are paid by the National Immigration Agency), the period of entry ban shall be extended for 3 years according to the period of entry ban set forth in the provisions of Articles 2 to 5 for the Entry Ban of Foreign Nationals; an exception for the extended entry ban is made for those who make reimbursements during the period of entry ban.

Any foreign national mentioned in the preceding paragraph who fails to make reimbursement during deportation may not apply to have the time period of his/her entry ban shortened, reduced by half of the ban, or waive the ban on his/her entry in accordance with the Operational Directions for the Entry Ban of Foreign Nationals. An exception of making reimbursements is made for those who are dependent members of low-income families in Taiwan.

Any foreign nationals who is subject to an entry ban in accordance with the provisions of Articles 2 to 5, may make the ban permanent, if he/she escapes from detention or deportation implemented by the National Immigration Agency.

 

VII. A foreign national who has committed several acts in breach of one and the same provision or several different provisions under the Operational Directions for the Entry Ban of Foreign Nationals shall be liable to separate penalties for each act committed. The accumulated period of entry ban ceiling shall not exceed 20 years. If the violation falls under subparagraph 1 to 3, paragraph 1, of the Article 5 and paragraph 3 of the Article 6, an exemption is made to the regulations.

An act constituting several offenses under the Operational Directions for the Entry Ban of Foreign Nationals, only the most severe punishment shall be imposed.

 

VIII. Any foreign national, who is banned from entry because of overstaying his/her visit or residency may be exempted from the ban, if he/she satisfies one of the following conditions:

a  Having overstayed the visit or residency for less than ninety-one days; however, such a person shall not be allowed to enter the state via the visa-waiver or landing visa program for one year;

b  Being under 18 years old;

c Being a student studying at a public or private school, an international school registered and established in accordance with the law;

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

e  Being married to an R.O.C. citizen with marriage registration, and having a biological child with the citizen;

f  Having been reviewed and recognized by the NIA as having a special circumstance, in which an entry ban may cause major and irreversible damage.

 IX. The ban on the entry of any human trafficking victim imposed as a result of being trafficked may be shortened or waived.

X. Any foreign national, who has married an R.O.C. citizen, has a biological child born with the citizen, and has violated the R.O.C. criminal laws, resulting in being sentenced to serving a jail term for 6 months, being detained, paying a fine, or having being exempted from punishment, having been given a suspended sentence, or having not been prosecuted, may not be banned from entry or may apply not to be banned from entry.

A foreign national, whose spouse or parent is an R.O.C. citizen, a Taiwanese national without household registration who is legally residing in the Taiwan Area or a foreign national currently residing in the Taiwan Area with an Alien Permanent Resident Certificate (hereafter referred to as a permanent resident), may apply to have the duration on his/her entry ban reduced by half of the ban. This shall not apply to those who have been finally sentenced to 3 years in prison or longer.

XI. Any foreign national married to an R.O.C. citizen with marriage registration, to a legal national without household registration who is legally residing in the R.O.C. or to a foreign national who has permanent residency in the R.O.C. with a document that verifies such a marriage, may apply to waive the ban on his/her entry imposed due to overstaying his/her visit or residency, or working illegally if he/she meets one of the following conditions:

a  His/Her spouse is suffering from a serious illness in Taiwan;

b   His wife has been pregnant for over 21 weeks;

c  He/She and his/her spouse have a biological child who is an R.O.C. citizen with the spouse;

d  He/She was married before the entry ban is imposed and has left the country for one year;

e  He/She has been married during the entry ban and has been married for over one year.

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

a   He/She has obtained the rights or has assumed the obligations to his/her biological minor child who is an R.O.C. citizen ;

b  Due to domestic violence, he/she has been granted a divorce by an R.O.C. court, and he/she has a biological minor child with an R.O.C. citizen.

Any foreign national, who is married to an R.O.C. citizen with marriage registration and has been banned from entry due to holding a job stipulated in subparagraph 8-10 of paragraph 1 of Article 46 of the Employment Service Act, having been absent from work and out of touch for 3 consecutive days and having engaged in activity inconsistent with the purposed of his/her visit or residency, may apply to have such a ban waived if he/she meets one of the conditions set forth in subparagraphs 1-5 of paragraph 1.

XII. Any foreign national, who has applied to have his/her ban of entry cut by half or to be exempted from the ban of entry in accordance with Article 10 or paragraphs 1 or 3 of Article 11, shall get the following documents in order and submit the application to the National Immigration Agency through his/her spouse or relatives in the Taiwan area.:

a  A completed form;

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 Identification Card of the applicant’s spouse or parent in the Taiwan area

d  Other relevant supporting documents may include:

1. If application is based on the ground that applicant’s spouse is severely ill, a critical condition notice or severe disability certificate issued by a hospital certified by the relevant central health authorities shall be along with the application.

2.  If the application is based on the ground that the applicant’s spouse has been pregnant for over 21 weeks,  a medical certificate issued by the hospitals certified by the relevant central health authorities, foreign public hospitals or foreign hospitals that specialize in medical check-ups of foreign workers and recognized by the relevant health authorities.

      3.  If the application is based on the ground that the applicant is married to an R.O.C. citizen with marriage registration and has a biological child born with his/her spouse, a copy of the child’s birth certificate or the Taiwanese passport must be presented along with the application. If the child was born out of the wedlock, the original report on the DNA test for their blood relation must be presented along with the application.

4. If the application is based on the ground that the applicant and his/her spouse have a biological child with an R.O.C. citizen, documents that prove their relationship must be presented along with the application.

5.   If the application is based on the ground that the applicant’s spouse or parent is a national without household registration or a permanent resident who is legally residing in Taiwan, a copy of the documents that prove their kinship or marriage must be presented along with the application..

Any document stated in the preceding paragraphs and written in a foreign language shall be accompanied by a Chinese translation authenticated by the Ministry of Foreign Affairs or an R.O.C. embassy, diplomatic office, representative office, or other organization authorized by the Ministry of Foreign Affairs (hereinafter referred to as a foreign diplomatic mission), or notarized by a domestic notary public in Taiwan. If produced abroad, the document must be authenticated by a foreign diplomatic mission.

 XIII. Any foreign national, who applies for an exemption from an entry ban pursuant to subparagraphs 2, Article 11, shall submit the following documents to the National Immigration Agency:

a  A completed application form;

b  A copy of the applicant’s passport;

c  The court’s verdict or the documents that prove the applicant has obtained the rights or has assumed the obligations to his/her biological minor child;

d  Documents attesting that the applicant has a biological minor child with R.O.C. citizenship. 

XIV. Any foreign national, who has been banned from entry, shall be permitted to enter Taiwan temporarily for litigation after being summoned for investigation in a criminal case by a judicial department which also notifies the National Immigration Agency.

XV. Any foreign national or his/her foreign spouse, who has been banned from entry for overstaying his/her visit or residency or working illegally, may apply to be exempted from the ban if he/she has specialized skills  that are recognized by the relevant central competent authorities to be highly needed or difficult to be quickly cultivated in Taiwan.

XVI. Any foreign national, who applies for an exemption from an entry ban pursuant to article 15, shall submit the following documents to the National Immigration Agency:

a  A completed application form;

b  A copy of the applicant’s passport;

c  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 and written in a foreign language shall be accompanied by a Chinese translation authenticated by an R.O.C. diplomatic mission or notarized by a notary public in Taiwan. Any document produced abroad shall be authenticated by a notary public R.O.C. diplomatic mission.

XVII. Any foreign national, who has been subject to a deportation which has been cancelled by the Review Committee for forcible deportation cases in its resolution, shall be exempted from an entry ban.

XVIII. An entry ban with a definite time frame, which has been sanctioned by the Entry/Exit & Immigration Applications Review Committee in accordance with its resolution, shall be implemented pursuant to Article 10.