Same-Sex Marriage Legalized; Immigration Effects Still Unclear

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At a Glance

• Effective May 24, 2019, same-sex marriage will be legal in Taiwan. Fragomen is seeking confirmation from government authorities on the immigration impacts of this ruling, but it is anticipated that same-sex spouses whose home country recognizes same-sex marriage and who have completed their marriage registration in their home country may apply for a dependent Alien Resident Certificate as long as the other spouse obtains a work permit in Taiwan. 
• This would be a welcome development as currently, same-sex spouses must apply for a separate work permit or a student visa in order to reside in Taiwan.
• A follow-up alert will be issued that discusses other situations once the information has been confirmed.

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The situation

On May 17, 2019, the Taiwanese legislature legalized same-sex marriage, effective May 24, 2019, allowing same-sex spouses to submit marriage registration applications. The immigration implications could be positive, though clarifications are still pending with the government.

Immigration impact

Fragomen is still seeking confirmation from government authorities regarding how foreign nationals are affected by this law in the following situations:

• Couples with at least one foreign spouse. Fragomen has inquired as to whether the Taiwanese spouse in a same-sex marriage with a foreign spouse can apply for a dependent Alien Resident Certificate (ARC) (i.e. dependent status in Taiwan) for the foreign spouse. According to the Department of Household Registration (DHR), the Same-Sex Marriage Act only applies in situations where both spouses are Taiwanese nationals. DHR has sought clarification from the judiciary branch.
• Foreign same-sex couples legally married abroad. The National Immigration Agency (NIA) advised that if the home country of the foreign nationals recognizes the same-sex marriage and they have completed their marriage registration in their home country, one of the spouses is eligible to apply for a dependent ARC as long as the other obtains a work permit in Taiwan. Fragomen is confirming that this information is final.

 

Impact for employers

If the law allows same-sex spouses whose home country recognizes same-sex marriage to apply for immigration status in Taiwan, this would open the door for a new pool of foreign employees, though the unemployment rate in Taiwan is relatively very low. 

Impact for foreign nationals

If applied as anticipated, the same-sex marriage law would allow same-sex spouses to qualify for dependent status in Taiwan. This would result in cost and time savings, because currently same-sex spouses must apply for a separate work permit or a student visa in order to reside in Taiwan.

Background

This law makes Taiwan the first nation in Asia to recognize same-sex marriage. The history of the law is as follows:

Looking ahead

Fragomen is still seeking clarification on several other situations (i.e. those involving Chinese nationals in a same-sex marriage who were married abroad in a country that allows same-sex marriage) from the judicial branch and other government authorities. A follow-up alert will be issued that discusses other situations once the information has been confirmed.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].