Citizenship and Nationality/Taiwan

This is for the Republic of China based in Taiwan after 1949. See also the People's Republic of China based in Chinese Mainland since 1949.

CITIZENSHIP

Based on the Nationality Law of the Republic of China, dated February 5, 1929. (Fully amended on 9 February 2000 and partially amended several times later)

Citizenship is based primarily on descent from the father (jus sanguinis).

• BY BIRTH: Birth within the territory of Taiwan does not automatically confer citizenship. Only when a child of unknown parentage is found is citizenship granted. This citizenship is removed, upon legitimization by a foreign parent. (Clause 4 of Article 1 in 1929 Law, Clause 3 of Section 1 of Article 2 in the 2000 Law)

• BY DESCENT:
  • Child whose father is, at the time of that child's birth, a Taiwanese national, even if the

father died before birth.

• • Child whose father is unknown or stateless but whose mother is a Taiwanese national. (The 2000 Law would make those born since 10 February 1980 also Taiwanese on descent from the mother.[1]
  • Child born out of wedlock to foreign woman and Taiwanese national father who has been legitimatized (recognized) by the father. (Section 2 of Article 2 of the 1928 Law has been merged into Clause 1 of Section 1 of Article 2 of the 2000 Law.)
• MARRIAGE: Person who is the foreign wife of a Taiwanese national, except when the law of her own country requires that she retain her original citizenship. foreign spouse who legally lives in Taiwan for 3 years may apply for naturalization. (Article 4 of the 2000 Law)
• BY NATURALIZATION: Citizenship of Taiwan, Republic of China, can be acquired upon fulfillment of the following conditions: Person has resided in the territory for at least five years, has reached the age of 20 years, is of good character, and has sufficient property or skill to make an independent living. (Article 3 of the 2000 Law)
• The spouse and non-majority age children of a naturalized citizen acquire the Taiwanese

citizenship unless it is contrary to the law of the spouse’s, or children's, original country. is applying together. (Article 7 of the 2000 Law)

DUAL CITIZENSHIP

NOT RECOGNIZED. (Article 9 of the 2000 Law: Unless born Taiwanese)

LOSS OF CITIZENSHIP

• VOLUNTARY: Voluntary renunciation of Taiwanese citizenship is permitted for any persons over the age of 20, except for… (Articles 11 and 12 of the 1928 and 2000 Laws)
  • Persons of military age who have not yet performed their service (Certain exemptions apply to certain overseas Taiwanese since the 2000 Law)
  • Persons who are in active military service
  • Persons who hold military or civilian office.
• INVOLUNTARY: The following is grounds for involuntary loss of Taiwanese citizenship:
  • Voluntary acquisition of foreign citizenship. A Taiwanese woman who acquires foreign citizenship through marriage may return to Taiwan as a citizen if the marriage dissolves or she is widowed. (No longer relevant since the 2000 Law.)
  • Naturalized citizen fails to renounce previous citizenship without official exemption. (Section 2 of Article 9 of the 2016 Law)
  • Naturalized citizenship was obtained through fraud or false statement. (Article 19 of the 2000 Law)