How to get Taiwan citizenship--primer, FAQ and resources.

Who can and cannot be a dual national, as well as the joys and frustrations accompanying that status. Includes ROC Passport and Military Conscription issues

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Re: How to get Taiwan citizenship--primer, FAQ and resources

Postby llary » 15 Jul 2010, 11:11

Oh, so it's just an ARC with 'obtained nationality' written on it.

I am getting conflicting information from some government officials, I guess I will write to the NIA asking for an official answer.
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Re: How to get Taiwan citizenship--primer, FAQ and resources

Postby bismarck » 15 Jul 2010, 16:00

llary wrote:Oh, so it's just an ARC with 'obtained nationality' written on it.

I am getting conflicting information from some government officials, I guess I will write to the NIA asking for an official answer.

Yeah, bit disappointing like... I thought it looked a lot more like the ID card and a lot less like the ARC/APRC/JFRV

Interesting that it's valid for so long and renewable. :thumbsup:
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Re: How to get Taiwan citizenship--primer, FAQ and resources

Postby llary » 15 Jul 2010, 21:16

My friend at the NIA confirmed today that I can indeed renew my ARC indefinitely unless the law happens to change in future. By the time I am too old for military service (or they scrap the draft) I will be able to go and immediately apply for my shenfenzheng under the 5 years/183 day rule. Everyone at the NIA here in Taichung has been super nice and supportive, if a little bemused :discodance:

Now I have the UK police certificate and renunciation forms signed by my neighbour so those can get couriered out tomorrow.

208 quid to renounce and 550 quid if I want it back again later. And they wonder why I left the UK.

My wife is not too sure about the whole thing but mom is 100% behind my decision.
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Re: How to get Taiwan citizenship--primer, FAQ and resources

Postby bismarck » 16 Jul 2010, 15:22

llary wrote:My friend at the NIA confirmed today that I can indeed renew my ARC indefinitely unless the law happens to change in future. By the time I am too old for military service (or they scrap the draft) I will be able to go and immediately apply for my shenfenzheng under the 5 years/183 day rule. Everyone at the NIA here in Taichung has been super nice and supportive, if a little bemused :discodance:

Now I have the UK police certificate and renunciation forms signed by my neighbour so those can get couriered out tomorrow.

208 quid to renounce and 550 quid if I want it back again later. And they wonder why I left the UK.

My wife is not too sure about the whole thing but mom is 100% behind my decision.

For interest, how long did it take to renounce UK citizenship?
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Re: How to get Taiwan citizenship--primer, FAQ and resources

Postby llary » 16 Jul 2010, 17:45

bismarck wrote:For interest, how long did it take to renounce UK citizenship?


Haven't got that far yet, I just sent everything off to our UK office who will handle the running around for me. I'm not holding my breath because I haven't even been able to get through to them on the phone for 3 days.

While I was at the household reg office today they suggested I will need to wait another year because I want to use the married route but have been married less than 3 years, although I held an ARC continuously for much longer than that.

I pointed out 第四條 of the nationality law which states:

外國人或無國籍人,現於中華民國領域內有住所,具備前條第一項第二款至第五款要件,於中華民國領域內,每年合計有一百八十三日以上合法居留之事實繼續三年以上,並有下列各款情形之一者,亦得申請歸化:。
一、為中華民國國民之配偶。
二、父或母現為或曾為中華民國國民。
三、為中華民國國民之養子女。
四、出生於中華民國領域內。

Roughly translated it says that any foreign or stateless person residing continuously and legally for 183 or more days over 3 or more years is eligible to acquire ROC nationality as long as one of the following conditions are met, of which the important one is:

一、為中華民國國民之配偶。 (simply 'married to an ROC citizen').

The law does not state anywhere that one should be married for 3 years, just that one should have legally resided for 3 years and be married to an ROC citizen. There would be no argument if the first condition above read something like "..為中華民國國民之配偶繼續三年以上"

The woman handling my case seemed flexible on the issue as long as it's not her ass on the line.. we'll see.
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Re: How to get Taiwan citizenship--primer, FAQ and resources

Postby Pioneer Kuro » 16 Jul 2010, 23:11

A foreign national or stateless person who now has a domicile in the territory of the Republic of China, if meeting the requisites provided in subparagraph 2 to subparagraph 5 of paragraph 1 of the preceding article, has legally resided in the territory of the Republic of China totally for more than 183 days every year for more than 3 continuous years, under any of the conditions provided by the following subparagraphs, can also apply for nationalization:
1.He/She is the spouse of a national of the Republic of China.
2.His/Her father or mother is or was once a national of the Republic of China.
3.He/She is an adopted child of a national of the Republic of China.
4.He/She was born in the territory of the Republic of China.
A foreign national or stateless person who is a minor, if his/her father, mother or adoptive parents now is or are national (s) of the Republic of China, even if he /she has legally resided in the territory of the Republic of China less than 3 years and doesn' t meet the requisites provided in subparagraph 2, subparagraph 4 and subparagraph 5 of paragraph 1 of preceding Article, can also apply for nationalization.

I may be really stupid, but what I see here is that in order to qualify, you should actually be married to a national of the Republic of China for 3 years.
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Re: How to get Taiwan citizenship--primer, FAQ and resources

Postby bismarck » 16 Jul 2010, 23:11

llary wrote:
bismarck wrote:For interest, how long did it take to renounce UK citizenship?


Haven't got that far yet, I just sent everything off to our UK office who will handle the running around for me. I'm not holding my breath because I haven't even been able to get through to them on the phone for 3 days.

While I was at the household reg office today they suggested I will need to wait another year because I want to use the married route but have been married less than 3 years, although I held an ARC continuously for much longer than that.

So I take it you haven't applied for Candidature either then? I went the same route, because my school cocked up (lied as usual...) my taxes so I didn't qualify on the minimum amount. So I applied for the JFRV last year October, hit the married for three years anniversary in February this year and applied for Candidature about two weeks ago. They said it should take four weeks to process...

llary wrote:I pointed out 第四條 of the nationality law which states:

外國人或無國籍人,現於中華民國領域內有住所,具備前條第一項第二款至第五款要件,於中華民國領域內,每年合計有一百八十三日以上合法居留之事實繼續三年以上,並有下列各款情形之一者,亦得申請歸化:。
一、為中華民國國民之配偶。
二、父或母現為或曾為中華民國國民。
三、為中華民國國民之養子女。
四、出生於中華民國領域內。

Roughly translated it says that any foreign or stateless person residing continuously and legally for 183 or more days over 3 or more years is eligible to acquire ROC nationality as long as one of the following conditions are met, of which the important one is:

一、為中華民國國民之配偶。 (simply 'married to an ROC citizen').

The law does not state anywhere that one should be married for 3 years, just that one should have legally resided for 3 years and be married to an ROC citizen. There would be no argument if the first condition above read something like "..為中華民國國民之配偶繼續三年以上"

The woman handling my case seemed flexible on the issue as long as it's not her ass on the line.. we'll see.

The HHR is only concerned with how long you've been married. They also apply the laws differently that NIA does. I was concerned last year when she advised me to go over to the JFRV that my clock would reset to zero and that I would have to wait an additional three years, and that's when she told me they don't work like NIA. They're only concerned with how long you've been married if you're applying for naturalization based on marriage.

Pioneer Kuro wrote:A foreign national or stateless person who now has a domicile in the territory of the Republic of China, if meeting the requisites provided in subparagraph 2 to subparagraph 5 of paragraph 1 of the preceding article, has legally resided in the territory of the Republic of China totally for more than 183 days every year for more than 3 continuous years, under any of the conditions provided by the following subparagraphs, can also apply for nationalization:
1.He/She is the spouse of a national of the Republic of China.
2.His/Her father or mother is or was once a national of the Republic of China.
3.He/She is an adopted child of a national of the Republic of China.
4.He/She was born in the territory of the Republic of China.
A foreign national or stateless person who is a minor, if his/her father, mother or adoptive parents now is or are national (s) of the Republic of China, even if he /she has legally resided in the territory of the Republic of China less than 3 years and doesn' t meet the requisites provided in subparagraph 2, subparagraph 4 and subparagraph 5 of paragraph 1 of preceding Article, can also apply for nationalization.

I may be really stupid, but what I see here is that in order to qualify, you should actually be married for 3 years.

That's how I also read it.

But it shouldn't really be a hassle for you anyway. You're 27 and on a JFRV, right? So you're status is safe and you don't have to be arsed about work related ARCs or APRC hassles. The next year will fly by, I guarantee it. :thumbsup:

Although, I know how you feel in that you just want to get it done and over with. I feel the same way, and it grates me a little that it will take four or more months to renounce, and if I want to resume my SA citizenship I can't just apply for it from Taiwan, but will actually have to go back to SA and pretend I'm there to stay permanently. Bit of a hassle, really.
Also just wish all the waiting was over and that I had my ID Card safely in my possession already (Keep worrying something will go wrong somewhere along the line, although if Candidature is successful it should be all good from Taiwan's side. I just worry about renouncing. SA can be weird sometimes and there's no telling what can happen with that.). Just want to get it over with!!!
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Re: How to get Taiwan citizenship--primer, FAQ and resources

Postby llary » 17 Jul 2010, 16:18

Pioneer Kuro wrote:A foreign national or stateless person who now has a domicile in the territory of the Republic of China, if meeting the requisites provided in subparagraph 2 to subparagraph 5 of paragraph 1 of the preceding article, has legally resided in the territory of the Republic of China totally for more than 183 days every year for more than 3 continuous years, under any of the conditions provided by the following subparagraphs, can also apply for nationalization


Did you translate that yourself or is that from a government site? 並 in the sentence above means 'and' or 'also' but does not unambiguously suggest that the conditions following should be met for three years, just that they should be met. Oh well, we'll find out soon enough :)
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Re: How to get Taiwan citizenship--primer, FAQ and resources

Postby llary » 17 Jul 2010, 16:22

bismarck wrote:But it shouldn't really be a hassle for you anyway. You're 27 and on a JFRV, right? So you're status is safe and you don't have to be arsed about work related ARCs or APRC hassles. The next year will fly by, I guarantee it. :thumbsup:


Nope, I am on an investor visa and got married long after coming to Taiwan. If they don't let me use the marriage route I can still just use the 5 year route but I just couldn't be bothered getting the house appraised etc. if it's not necessary.
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Re: How to get Taiwan citizenship--primer, FAQ and resources

Postby Pioneer Kuro » 17 Jul 2010, 19:59

llary wrote:
Pioneer Kuro wrote:A foreign national or stateless person who now has a domicile in the territory of the Republic of China, if meeting the requisites provided in subparagraph 2 to subparagraph 5 of paragraph 1 of the preceding article, has legally resided in the territory of the Republic of China totally for more than 183 days every year for more than 3 continuous years, under any of the conditions provided by the following subparagraphs, can also apply for nationalization


Did you translate that yourself or is that from a government site? 並 in the sentence above means 'and' or 'also' but does not unambiguously suggest that the conditions following should be met for three years, just that they should be met. Oh well, we'll find out soon enough :)


Check this
http://law.moj.gov.tw/Eng/LawClass/LawA ... e=D0030001
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