Taiwan: Amendments to Immigration Rules Benefit Foreign Professionals

November 9, 2021

insight-news-default

Country / Territory

At a Glance

The Taiwanese government introduced new rules that resulted in the relaxation of qualification requirements and the expansion of the list of possible applicants seeking to stay and work in Taiwan. Key changes include:

  • Foreign Professionals who hold an Alien Permanent Resident Certificate (APRC) and their dependents can now work in Taiwan without applying for a work permit, as previously required;
  • Foreign nationals can now apply for an APRC by residing in Taiwan for an average of 183 days per year continuously for five years, changed from the previous requirement of 183 days each year continuously for five years; and
  • Gold Card holders can now apply for extensions before the expiry of their Gold Cards to extend their stay in six-month increments for a total of one year per extension where this was previously not allowed.

The situation

The Legislative Yuan in Taiwan has amended a law which resulted in the relaxation of qualification requirements and the expansion of the list of possible applicants for Foreign Professionals, Foreign Special Professionals and Foreign Senior Professionals seeking to stay and work in Taiwan, among other changes.

CHANGE DETAILS IMPACT
Work permit exemption for Foreign Professionals

Foreign Professionals, Foreign Special Professionals, Foreign Senior Professionals and their dependents who hold an Alien Permanent Resident Certificate (APRC) can now work in Taiwan without applying for a work permit, where this was previously required.

Foreign nationals and their dependents under this category who entered Taiwan by way of a visa exemption or visitor visa no longer need to convert their visa status to resident visa as previously required, and can now apply for their APRC directly with the National Immigration Agency.

    • A Foreign Professional is generally defined as a foreign national engaging in specialized or technical work; a director/manager/executive of a business invested in or set up by overseas Chinese or foreign national(s); or certain university professors, among other limited categories.
    • A Foreign Special Professional is a Foreign Professional with special expertise in the fields of science and technology, the economy, education, culture, the arts, sports, finance, law, architectural design and other fields.
    • A Foreign Senior Professional is a senior professional who has participated in contests and assessments in the fields of culture, art, technology or sports, and who is internationally acknowledged.
    • Foreign nationals under the Foreign Professionals category and their dependents benefit from a faster work authorization application process since they no longer need to obtain a work permit (which takes five to seven calendar days to process).
    • Dependents of Foreign Professionals benefit from a new pathway for work authorization where they previously must have obtained their own work permit.
Expanded scope of Foreign Professionals and Foreign Special Professionals

Foreign Professionals now include foreign subject teachers of special classes for children of foreign workers approved by the Ministry of Education.

National Defense was added as a field under Foreign Special Professionals. 

 More applicants benefit from the option to apply for an APRC. 
Relaxed residential requirements for APRC applicants Foreign nationals can now apply for an APRC by residing in Taiwan for an average of 183 days per year continuously for five years. Previously, foreign nationals were required to reside in Taiwan for a minimum of 183 days (aggregate) each year continuously for five years immediately preceding the APRC application. APRC applicants benefit from a more flexible residential stay requirement and can now apply for the APRC earlier once they satisfy the required residential requirement of an average of 183 days in five years.
Relaxed qualifications to allow outstanding graduates to work in Taiwan Foreign nationals with a bachelor’s degree from the world’s top universities (as determined by Taiwan’s Ministry of Education) can now apply for a work permit without the standard two-year work experience requirement. Eligible foreign national students benefit from the ability to enter the Taiwan job market earlier.
Gold Card Extensions

Gold Card holders can now apply for extensions before the expiry of their Gold Cards to extend their stay in six-month increments and a total of one year per extension. Previously, Gold Card holders must have applied for a new Gold Card upon expiry.

The Gold Card allows foreign nationals to stay and work in Taiwan for one to three years without sponsorship from a local entity.

 Gold Card holders benefit from longer stays and longer work duration in Taiwan.
  • Attracting foreign workers. The Taiwanese government aims to build a more complete legal framework for recruiting foreign national workers in Taiwan and passed this amendment on June 18, 2021. The new rules became effective on October 25, 2021.
  • Improving the economy. The relaxation of immigration rules in Taiwan follows a trend in the Asia Pacific region where countries are shifting immigration policy to attract high-end foreign talent to jump-start economic recovery following COVID-19 impacts. Australia, China and Vietnam are examples of countries that have also recently relaxed immigration rules.

It is likely that the Taiwanese government will continue to introduce more relaxed work requirements for foreign nationals, such as fewer requirements for applicants; longer durations for visas; and additional pathways to permanent residency, in line with the government’s policy of attracting foreign talent to Taiwan. We will report on related developments.

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].

Fragomen.com home
Search Fragomen.com
Important Updates
Important Updates
Subscribe