Annotated Republic of China Laws/Immigration Act/Article 10

←Article 6 to Article 9

Immigration Act Republic of China (Taiwan) Law Article 10

Article 11 to Article 15→

Newly promulgated on 1999-05-21, effective 1999-05-21

Article 10

Nationals without registered permanent residence in the Taiwan Areas may apply for it if they meet one of the following conditions:

1. They, who are the applicants, the applicants' spouses or minor children as stated in subparagraphs 1-7 of paragraph 1 of the preceding Article, have been granted residence and their original qualifications for residence remain unchanged after having continuously resided or having resided in the Taiwan Areas for a certain period of time;

2. They, who have entered the State with a ROC passport or an Entry Permit, are incumbent central government officials;

3. They, whose father or mother was a national with registered permanent residence in the Taiwan Areas when they were born and who are under the age of twelve, have entered the State with a ROC passport or an Entry Permit;

4. People, whose parents were nationals with registered permanent residence in the Taiwan Areas when they were born abroad or who were born out of wed-lock by a woman with registered permanent residence in the Taiwan Areas and who are under the age of twelve, have entered the State with a foreign passport;

A person, who has acquired ROC nationality in the State and has continuously resided in the State for a certain period of time, may apply for registered permanent residence in the Taiwan Areas.

A person, who has applied for registered permanent residence in the Taiwan Areas pursuant to subparagraph 1 of paragraph 1 or the preceding paragraph, shall have been married for three years and over if his qualification results from marriage. He may not be exempted from the preceding requirement unless his children have been born during the marriage.

A national without registered permanent residence in the Taiwan Areas, who has entered the State with a ROC passport and is subject to imminent conscription to serve in the standing army in accordance with law, shall immediately apply for registered permanent residence. Before discharge from the military, his relatives shall not apply for residence in the Taiwan Areas pursuant to subparagraph 1 of paragraph 1 of the preceding Article.

The third paragraph of the preceding Article may apply to the number of people who apply for registered permanent residence in the Taiwan Areas pursuant to the second paragraph.

Promulgated amendment on 2002-07-10

Article 10

Nationals without registered permanent residence in the Taiwan Areas may apply for it if they meet one of the following conditions:

1. They, who are the applicants, the applicants' spouses or minor children as stated in subparagraphs 1-7 of paragraph 1 of the preceding Article, have been granted residence and their original qualifications for residence remain unchanged after having continuously resided or having resided in the Taiwan Areas for a certain period of time;

2. They, who have entered the State with a ROC passport or an Entry Permit, are incumbent central government officials;

3. They, whose father or mother was a national with registered permanent residence in the Taiwan Areas when they were born and who are under the age of twelve, have entered the State with a ROC passport or an Entry Permit;

4. People, whose parents were nationals with registered permanent residence in the Taiwan Areas when they were born abroad or who were born out of wed-lock by a woman with registered permanent residence in the Taiwan Areas and who are under the age of twelve, have entered the State with a foreign passport;

A person, who has acquired ROC nationality in the State and has continuously resided in the State for a certain period of time, may apply for registered permanent residence in the Taiwan Areas.

A person, who has applied for registered permanent residence in the Taiwan Areas pursuant to subparagraph 1 of paragraph 1 or the preceding paragraph, shall have been married for three years and over if his qualification results from marriage. He may not be exempted from the preceding requirement unless his children have been born during the marriage.

A national without registered permanent residence in the Taiwan Areas, who has entered the State with a ROC passport and is subject to imminent conscription to serve in the standing army in accordance with law, shall immediately apply for registered permanent residence. Before discharge from the military, his relatives shall not apply for residence in the Taiwan Areas pursuant to subparagraph 1 of paragraph 1 of the preceding Article.

The third paragraph of the preceding Article may apply to the number of people who apply for registered permanent residence in the Taiwan Areas pursuant to the second paragraph.

An application for registered permanent residence in the Taiwan Areas shall be made within two years after the completion of the required residence as stated in subparagraph 1 of paragraph 1 or paragraph 2.

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

Article 10

A national without registered permanent residence in the Taiwan Area may apply to National Immigration Agency for permanent residence if he/she meets one of the following conditions:

1. He/She, who is the applicant, the applicant's spouses or minor children as stated in Subparagraphs 1 to 11 of Paragraph 1 of the preceding Article, have been granted residence and their original qualifications for residence remain unchanged after having continuously resided or having resided in the Taiwan Area for a certain period of time. Where they reside in the Taiwan Area pursuant to Subparagraph 2 or Subparagraph 8 of Paragraph 1 of the preceding Article, they shall not be subject to continuous residence or residence for a certain period of time.

2. Was or is born in overseas, resides in the Taiwan Area and has registered his/her permanent residence at a household registry in the area. The person is at the age of twenty (20) or up.

A person, who has applied for registered permanent residence in the Taiwan Area pursuant to Subparagraph 1 of the preceding paragraph, shall have been married for three (3) years and over if his/her qualification results from marriage. He/She may not be exempted from the preceding requirement unless his/her children have been born during the marriage.

A continuous residence or residing in the Taiwan Area for a certain period of time as provided in Subparagraph 1, Paragraph 1 is regulated as follows:

1. A person who files an application pursuant to Subparagraphs 1 to 9, Paragraph 1 of the preceding Article shall reside in the Taiwan Area for one (1) year continuously; reside in the area for full two (2) years and two hundred and seventy (270) days or up each year; or reside in the area for full five (5) years and one hundred and eighty-three (183) days or up each year.

2. A person who files an application pursuant to Subparagraph 10 or Subparagraph 11, Paragraph 1 of the preceding Article shall reside in the Taiwan Area for three (3) year continuously; reside in the area for full five (5) years and two hundred and seventy (270) days or up each year; or reside in the area for full seven (7) years and one hundred and eighty-three (183) days or up each year.

Where a national without registered permanent residence goes abroad during the period of residence mentioned in the preceding Paragraph with the dispatch or the approval of the government and is provided with evidential documents with respect to the dispatch or the approval, the period of his/her residence shall not be deemed to be interrupted. The period of going abroad also shall not be accumulated for the period of residence in the Taiwan Area.

Where a national without registered permanent residence, whose relative with registered permanent residence in the Taiwan Area is deceased during the period of the national’s residence, or who is divorced from the person with registered permanent residence in the Taiwan Area during the period of the national’s residence and applied for residence in the Taiwan Area because of his marriage with the person, has resided continuously or for a certain period of time in the area and shall execute the rights and obligations for bearing subsistence of his/her minor children with registered permanent residence in the Taiwan Area, he/she can still apply to National Immigration Agency for registration of permanent residence in the area and shall not be restricted by the condition that his/her qualification for residence must remain unchanged, as provided under Subparagraph 1, Paragraph 1.

An application for registered permanent residence in the Taiwan Area shall be made within two (2) years after the continuing residence or residing in the area for a certain period of time, save the circumstances set forth in the exceptions under Subparagraph 1, Paragraph 1. The spouse and the minor children of the applicant shall apply for registered permanent residence in the Taiwan Area together with the applicant or after obtaining the permits for registered permanent residence.

Where a national without registered permanent residence is permitted to register his/her permanent residence in the Taiwan Area within thirty (30) days, he/she shall handle a household registration at a household registry where a household registration is predetermined to take place. After the period of thirty (30) days, National Immigration Agency shall repeal his/her permit of registered permanent residence.

The competent authority shall enact regulations governing the application for entry by a national without registered permanent residence, an application procedure for residence or an application procedure for registered permanent residence, documentation which shall be prepared, types of certificates to be issued, effective periods of certificates and other matters which must be complied with.