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1.The Ministry of Labor (hereinafter “the ministry”) establishes these Guidelines for the processing of work permit applications pursuant to the provisions of Article 15 and Article 32 of the Act for the Recruitment and Employment of Foreign Professionals (hereinafter “the Act”).
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2.The spouse of a foreign special professional or a foreign senior professional who has been approved by the National Immigration Agency (hereinafter NIA), Ministry of the Interior to reside in the Republic of China (Taiwan) as a dependent (hereinafter “the spouse of a foreign special or senior professional”) can directly apply to the ministry for a permit to work in Taiwan. However, the validity period of the permit cannot exceed the duration of the applicant’s dependent residence.
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3.The adult children of foreign professionals who engage in professional work in Taiwan, foreign special professionals or foreign senior professionals who have been approved by the NIA for permanent residency or who have been naturalized as ROC nationals (hereinafter “the adult children of foreign professionals), can directly apply to the ministry for a permit to work in Taiwan, as long as the NIA determines they meet one of the following requirements (hereinafter the “residency requirements”):
(1) Have legally resided in Taiwan for an accumulated 10 years, with a minimum 270 days of residence per year.
(2) Entered Taiwan before the age of 14, with a minimum 270 days of residence per year.
(3) Born in Taiwan and have legally resided in the country for an accumulated 10 years, with a minimum 183 days of residence per year.
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4.When applying to the ministry for a work permit the spouse of a foreign special or senior professional is required to submit the following documents online. However, when there are legitimate reasons, the application can be submitted in written form:
(1) Application form (as attached).
(2) Photocopy of passport.
(3) Certified documentation attesting to the marital relationship.
(4) Photocopy of an Alien Resident Certificate (ARC) indicating dependency status.
(5) Certified documentation that the spouse is a foreign special professional or a foreign senior professional. This requirement is waived if the information can be obtained by the ministry online from another government agency (institution).
(6) Original review fee receipt.
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5.When applying for a work permit the adult children of foreign professionals are required to submit the following documents to the ministry online. However, when there are legitimate reasons, the application can be submitted in written form:
(1) Application form (as referenced in the attachment to the preceding point).
(2) Certified documentation indicating the NIA confirms one of the residency requirements is met. This requirement is waived if the information can be obtained by the ministry online from another government agency (institution).
(3) Photocopy of the Alien Permanent Residence Certificate (APRC) or naturalization certificate of the father or mother.
(4) Photocopy of the applicant’s passport or ARC.
(5) Certified documentation attesting to the parental relationship.
(6) Original review fee receipt.
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6.When applying for the reissue of a work permit, the spouse of a foreign special or senior professional and the adult children of a foreign professionals are required to submit the following documents to the ministry online. However, when there are legitimate reasons, the application can be submitted in written form:
(1) Application form (as attached in point 4).
(2) Affidavit detailing the reason for reissuance.
(3) Original review fee receipt.
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7.In either of the following circumstances, applications by the spouse of a foreign special or senior professional and the adult children of a foreign professionals will be denied:
(1) Failure to comply with the provisions of Articles 15 or Article 32 of the Act.
(2) Failure to comply with these Guidelines when the applicant is notified to make corrections to the application within a specific period of time but fails to do so.
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8.When documents submitted by the spouse of a foreign special or senior professional or the adult children of a foreign professional were issued abroad, the ministry can ask for verification from a Republic of China (Taiwan) overseas mission.
When the documents referenced in the previous paragraph are in a foreign language other than English, a Chinese translation must also be attached.