Annotated Republic of China Laws/Immigration Act/Article 23

←Article 21 to Article 22

Immigration Act Republic of China (Taiwan) Law Article 23

Article 24 to Article 36→

Promulgated amendment on 2002-07-10

Article 23

Aliens, who have legally and continuously resided in the State for seven years, or the alien spouse and/or children of a national with registered permanent residence in the Taiwan Areas who have legally and continuously resided in the State for five years or have legally resided in the State for more than ten years, during which period they have actually resided in the State for more than one hundred and eighty three days each year for five years, may apply to the Authority for permanent residence if they:

1. Are at the age of twenty and over;

2. Have a decent character;

3. Have considerable property, skills or talents that enable them to make a living on their own;

4. Have resided in the State for over 183 days each year during their legal and continuous residence in the State; and

5. Are beneficial to the national interests of the State.

Aliens who had legally resided in the State for over twenty years before 31 May 2000, during which period they had resided in the State over 183 days each year for ten years, and have met the requirements as specified in subparagraphs 1-3 and 5 of the preceding paragraph may apply to the Authority for permanent residence.

Aliens who have not satisfied the requirements as specified in the first paragraph but have met one of the following conditions may apply for permanent residence:

1. Having made exceptional contributions to the State; or

2. Having possessed the high technology needed by the State.

The Authority shall organize a review committee composed of members recognized as impartial persons by the public to examine and check the preceding conditions. Applicants whose condition has passed the review shall be granted the permanent residence.

Applicants as stated in the preceding paragraphs 1-3 who concurrently have ROC nationality shall not apply for permanent residence.

The Authority shall issue applicants Alien Resident Certificates and inform the related departments after granting them the status of a permanent resident.

The Authority, after weighing national interests, may draw up an annual quota of permanent residence as prescribed in the first paragraph for each nation and region and submits it to the Executive Yuan for approval and promulgation.

Applications for permanent residence shall be made within two years after the completion of the required residence as stated in paragraph 1.

Promulgated full amendment on 2007-12-26, effective 2008-08-01

Article 23

Where an alien who possess a valid visa for a visit for the period of sixty (60) days or up and such a visa is with annotated disapproval of extension of a visit or other restrictions by marked by the visa issuing authority meets one of the following circumstances, he/she can apply to National Immigration Agency for residence. After the Agency permits the application, it shall issue an Alien Resident Certificate to the alien.

1. The alien’s spouse who holds the nationality of the State resides in the Taiwan Area currently and is with registered permanent residence or permitted to reside in the area. With respect to the alien’s spouse being an alien, the spouse is permitted to reside or permanently reside in the area.

The alien’s spouse being an alien, who is permitted to reside in the area and whose engagement in works set forth in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Employment & Service Act is permitted by the central authorities in charge of labor affairs or the field of his/her employment, however, cannot apply for the issuance of an Alien Resident Certificate.

2. An alien is younger than the age of twenty (20) and his/her parents or grandparents are the nationals who hold nationality of the State, have registered permanent residence in the Taiwan Area currently or permitted to reside in the area. With respect to the alien’s parents or grandparents being aliens, the parents or grandparents are permitted to reside or permanently reside in the area. The alien is relatively connected to the adopters because he/she is adopted the adopters; and he/she does not reside with the adopters after entering the State.

3. Has been approved to work in the Taiwan Area by the centralauthorities in charge of labor affairs or the field of his/her employment pursuant to Subparagraphs 1 to 7 or Subparagraph 11, Paragraph 1 of Article 46 of the Employment & Service Act.

4. An investor who has made an investment in the Taiwan Area in the

amount that is more than a certain amount of capital, and has been approved or filed for future reference by the central authorities in charge of the investment. A representative of a foreign investor also must have made an investment in the Area in the foresaid amount of capital, and has been proceed for the same purposes as abovementieond by the central authorities in charge of the investment.

5. A person in charge of a foreign company which is recognized under the Company Act and is located domestically.

6. An alien’s re-issuance of a residence visa is approved on an ad hoc basis by the Ministry of Foreign Affairs.

Where an alien enters the State with a residence visa meets any of the circumstances mentioned in the preceding Paragraph due to the change of the reasons for residence, he/she shall apply to National Immigration Agency for modification of reasons for residence. An alien who falls under the exceptions provided under Subparagraph 1 of the preceding Paragraph shall not apply.

After National Immigration Agency permits an alien’s application for modification of reasons for residence which was submitted pursuant to the preceding Paragraph, it shall reissue an Alien Resident Certificate to the alien and review the effective duration of the alien’s residence.