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Regulation Governing Visiting,Residence and Permanent Resident of Alien

 
Regulation Governing Visiting,Residence and Permanent Resident of Alien
 

??ARTICLE 1
These regulations are formulated in accordance with Article 33 of the
"Immigration Law" (hereinafter referred to as "the Law").
??ARTICLE 2
When residing within the territory of ROC, aliens aged 14 and over are
required by paragraph 1 of Article 26 of the Law to carry with them passports,
Alien Resident Certificates or alien permanent resident certificates.
When the above-mentioned certificates and documents are not available, aliens
should carry with them other documents of identification accepted by the
Authority.
??ARTICLE 3
The allowed period of stay for aliens, when entering into ROC with visitor

visas or through the visa-exemption, starts from the next day of their entry into
ROC. Aliens must leave the country before the expiration date of the above-
mentioned period of stay. According to paragraph 1 of Article 29 of the Law,
application for extension of visiting can be submitted, with proper documents
of proof, to the Authority for approval within 15 days before the allowed

period of stay expires. Each extension must not exceed the original duration
granted on the visitor visas, with a maximum stay of six months. Application
for extension over six months due to reasons of force majeure or other major
incidents must be submitted to the Authority for approval. Aliens entering into
ROC through visa-exemption, when unable to leave the country before the
visa-exemption period due to force majeure reasons or other major incidents,
must apply for a visitor visa from the Bureau of Consular Affairs of the
Ministry of Foreign Affairs or its branch offices.
??ARTICLE 4
Aliens holding resident visas or conforming to any of the subparagraphs in
Article 24 of the Law must apply for Alien Resident Certificates from the
Authority within 15 days from the next day of their arrival or the occurrence
of the circumstance. The term of the residence starts from the next day of the
arrival or the occurrence of the circumstance. Aliens born in ROC are entitled
to apply for Alien Resident Certificates, with such application to be submitted
through their parents, guardians or institutions related to children welfare.
Aliens, when their Alien Permanent Resident Certificates are revoked in
accordance with subparagraph 4 of Article 31 of the Law, are entitled to apply
for Alien Resident Certificate if their residence is still valid.
??ARTICLE 5
When applying for Alien Resident Certificates, aliens must submit the

following documents with two current, full-face photographs of themselves to
the Authority:
1. Application Form for Alien Resident Certificate
2. Passport and resident visa
3. Other relevant documents
Passport and resident visa are not required if the application conforms to subparagraphs 1 to 3 of Article 24 of
the Law.
??ARTICLE 6
"Diplomats and their attaches" prescribed in subparagraph 1 of paragraph 1 of
Article 25 of the Law refers to those who are holding diplomat IDs,

exequaturs, staff IDs of a consulate and diplomatic mission, or attache
IDs issued by the Ministry of Foreign Affairs of ROC. "Officials and their
entourage of foreign or international institutions" prescribed in subparagraph 2
of paragraph 1 of Article 25 of the Law refers to those who are holding
Official IDs, staff IDs or entourage IDs issued by the Ministry of Foreign
Affairs of ROC.
??ARTICLE 7
The term of stay granted on the Alien Resident Certificate for the following
aliens are determined by their purposes of residence, with a maximum period

of three years:
1. Persons in charge or branch office managers for foreign companies approved
by ROC in accordance with Incorporation Law.
2. Foreign investors or the representatives of foreign legal investors whose
investment activities in ROC are approved by the competent authorities.
3. Aliens approved by the competent authorities to work or practice in ROC.
4. Researchers, advisers or teachers in schools and academic/research

institutions approved by the competent authorities.
??ARTICLE 8
The term of residence granted on the Alien Residence Certificate for the
following aliens is determined by their purpose of residence, with a maximum
period of one year:
1. Aliens enrolled in a Mandarin Center affiliated with schools or universities
approved by the educational authorities.
2. Aliens approved by the educational or competent authorities to study or
receive training in ROC.
3. Other aliens with needs of residence in ROC.
??ARTICLE 9
When applying for an Alien Resident Certificate, aliens dependent to their
relatives in ROC are entitled to receive the same term of residence as their
relatives; in cases where the relative is a ROC citizen, the granted
term of residence may not exceed a maximum of three years.
??ARTICLE 10
When applying for an extension of residence in accordance with paragraph 1

of Article 29 of the Law, aliens must submit relevant documents of proof to the
Authority for approval within 15 days prior to the expiration date of the Alien
Resident Certificate.
??ARTICLE 11
Aliens, when there is a change to their purpose of residence in ROC, are
required to reapply for a resident visa
from the Bureau of Consular Affairs of the Ministry of Foreign Affairs or its
branch offices within 15 days after the actual change takes place, before they
can apply for another term of residence from the Authority.
??ARTICLE 12
When applying for an Alien Permanent Resident Certificate in accordance with
paragraph 1 of Article 23 of the Law, aliens must submit the following
documents with two current, full-face photographs of themselves
to the Authority:
1. Application Form for Alien Permanent Resident Certificate
2. Passport
3. Alien Resident Certificate or other legal proof of residence
4. Satisfactory health examination report
5. Tax returns or tax exempt certificates within the last three years
6. Certificate of assets or special skills
7. Police record issued in ROC and the applicant's country within the last five
years
8. Other relevant documents or proof
The check-up items for the satisfactory health examination reports listed in subparagraph 4 of the above paragraph are regulated in accordance with the required health examination items formulated by the Department of Health of ROC.
??ARTICLE 13
The proviso term of each departure in subparagraph 4 of Article 31 of the Law
is for a maximum of two years.
??ARTICLE 14
In accordance with Article 32 of the Law, aliens, who wish to reenter ROC

after their departure during the valid term of residence, are required to apply

for a reentry permit from the Authority before they leave ROC.
The reentry permits referred to in the previous paragraph are of two types,
multiple reentry and single reentry. Aliens may apply for the reentry permit at
the time when they submit their application for an Alien Resident Certificate.
The valid term of the reentry permit may not exceed the term granted on the
Alien Resident Certificate. The reentry permit is considered revoked or
cancelled if the Alien Resident Certificate has been revoked or cancelled.
Aliens holding an Alien Permanent Resident Certificate can reenter ROC with
the Alien Permanent Resident Certificate and a valid passport.
??ARTICLE 15
When an alien is found to conform to any subparagraphs of Article 34 of the
Law, he or she must leave ROC within seven days after being notified by the
Authority.
??ARTICLE 16
When an alien dies within the territory of ROC, the party concerned with the
deceased, or the institution representing the country of the deceased in ROC is
required to report such death to the Authority, or the Authority may make

such registration directly after the death is investigated and confirmed.
The Authority, after registering the death mentioned in the previous paragraph,
shall notify the institution in the place of the central government governing
inheritance tax of the deceased.
??ARTICLE 17
Aliens, when their deportation from ROC is prohibited due to their being
rejected by the country of origin or other countries, may be issued an Alien
Record Registration Temporary Certificate by ROC after being limited
their domiciles or added other conditions. The census and registration
regulations of ROC governing residence or permanent residence of aliens are
applicable to the aliens mentioned in the previous paragraph.
??ARTICLE 18
Before the Immigration Administration under the Ministry of the Interior has
been established, the National Police Administration will be responsible for
enforcing paragraph 2 of Article 2, the proviso item of paragraph 2 of
Article 3, Article 12, paragraph 1 of Article 17, and Article 31 of the Law; the
local police bureau with jurisdiction over aliens is authorized to deal with
affairs related to the first portion of paragraph 2 of Article 3, paragraph 1 of
Article 4, Article 5, Article 11, Article 12, paragraph 1 of Article 14, Article 16,
and Article 30 of the Law. Article 15 as well as Article 34 of the Law are the
responsibility of the National Police Administration or the local police bureau
with jurisdiction over the aliens.
??ARTICLE 19
These Regulations take into effect from the date of promulgation.

 
 
     
 
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