The amended Article 16 was promulgated by the Presidential Decree hua-zong-yi-yi-zi No. 10500140101 on November 16, 2016; the effective date shall be set by the Executive Yuan.
The amendment was set to be effective since December 1, 2016 by the Executive Yuan Order tai-nei-zi No. 1050047080 on December 1, 2016.
Non-citizen ROC nationals who have to reside or reside for citizenship in the Taiwan Area due to the special circumstances of their overseas residing area may apply for residency or residency for citizenship to the competent authority that may submit such applications to the Executive Yuan for review pursuant to the regulations enacted to govern the residency and residency for citizenship granted to non-citizen ROC nationals from specific countries or areas, without being subjected to the restrictions of the provisions of Articles 9 and 10.
Stateless people or non-citizen ROC nationals from Thailand, Myanmar, or Indonesia who have entered the country before this Act was enforced and cannot be repatriated may be allowed to reside in the Taiwan Area by the NIA.
Stateless people and non-citizen ROC nationals from Thailand or Myanmar who have been allowed to enter the country for the purposes of attending school or receiving technical training by the Ministry of Education or the Overseas Compatriot Affairs Commission between 21st May 1999 and 31st December 2008 and cannot be repatriated may be allowed to reside in the Taiwan Area by the NIA.
Stateless people from India or Nepal who have entered the Taiwan Area before
29st June 2016
and cannot be repatriated may be allowed to reside in the Taiwan Area by the NIA if their status has been identified
by the review meeting which convened by the central authorities in charge of the Mongolian and Tibetan Affairs.
The stateless people who have obtained the ROC nationality or non-citizen ROC nationals who have been granted residency in the Taiwan Area as specified in the preceding three paragraphs may apply to the NIA for residency for citizenship if they have continuously resided in the Taiwan Area for three years, or have resided in the Taiwan Area for five years during which the residency in the Taiwan Area shall be over 270 days each year, or have resided in the Taiwan Area for seven years during which the residency in the Taiwan Area shall exceed 183 days each year.
Non-citizen ROC nationals who have left the country during the residency specified in the preceding paragraph shall not be deemed to have interrupted their residency but the period of their absence from the Taiwan Area shall not be calculated as part of their residency in the Taiwan Area if their overseas trips have been assigned or approved by the government and such assignment or approval can be proved in writing.
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