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Temporary Marriage until Work ARC with My Own Company

Procedures, processes, JFRV, potential documentation difficulties, whether to get married in Taiwan or overseas, as well as legal basis for divorce in Taiwan, including all related problems and pitfalls, child custody, alimony payments, abandonment, extra-marital affairs, and other complications...
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Temporary Marriage until Work ARC with My Own Company

Postby DJCJ » 01 Jun 2015, 02:12

Question:
Is it legal to marry a Taiwanese citizen just for a visa, and divorce them after 1 year when you can get a work visa?

Reason:
I wish to start my own business, but unless I have a visa from a marriage, I would not legally be allowed to work for my own company for the first year.

Business requirements to hire a foreign manager as a startup company:
    1. Owns at least 1/3 of company
    2. Company has NT$500,000 paid in capital
    3. Company has NT$3,000,000 in revenue its first year EDIT: This is NOT entirely correct, see link below
Plan:
I could marry a friend, or previous partner in Taiwan, and stay married until my own company is legally capable of hiring me. In the USA this can be seen as a fraudulent marriage, what about in Taiwan?

EDIT:
The answer is, you don't have to get married.
Link to my post below: http://www.forumosa.com/taiwan/viewtopic.php?f=64&t=148966&p=1690668#p1690668
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Re: Temporary Marriage until Work ARC with My Own Company

Postby the bear » 01 Jun 2015, 07:06

DJCJ wrote:Question:
Is it legal to marry a Taiwanese citizen just for a visa, and divorce them after 1 year when you can get a work visa?

Reason:
I wish to start my own business, but unless I have a visa from a marriage, I would not legally be allowed to work for my own company for the first year.

Business requirements to hire a foreign manager as a startup company:
    1. Owns at least 1/3 of company
    2. Company has NT$500,000 paid in capital
    3. Company has NT$3,000,000 in revenue its first year

Plan:
I could marry a friend, or previous partner in Taiwan, and stay married until my own company is legally capable of hiring me. In the USA this can be seen as a fraudulent marriage, what about in Taiwan?


Answer: Yes it is fraud.
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Re: Temporary Marriage until Work ARC with My Own Company

Postby housecat » 01 Jun 2015, 07:19

It is fraud, but it happens quite a bit.

It is a terrible thing to do to another person.

In Taiwan, if both parties agree to a divorce it's a very simple thing to do. If your partner decides not to allow you to divorce, you have to prove that you have grounds, and that's not very easy to do.

Find a better way.
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Re: Temporary Marriage until Work ARC with My Own Company

Postby Abacus » 01 Jun 2015, 08:48

DJCJ wrote:Question:
Is it legal to marry a Taiwanese citizen just for a visa, and divorce them after 1 year when you can get a work visa?

Reason:
I wish to start my own business, but unless I have a visa from a marriage, I would not legally be allowed to work for my own company for the first year.

Business requirements to hire a foreign manager as a startup company:
    1. Owns at least 1/3 of company
    2. Company has NT$500,000 paid in capital
    3. Company has NT$3,000,000 in revenue its first year

Plan:
I could marry a friend, or previous partner in Taiwan, and stay married until my own company is legally capable of hiring me. In the USA this can be seen as a fraudulent marriage, what about in Taiwan?


Are you sure that you aren't allowed to work for your own company the first year? I thought you needed to do #3 to continue to sponsor an ARC after the first year.

Who cares if it's fraudulent? There has to be a better way to get a visa.

Is it the kind of business that anybody is going to ever check work permits at? It might be illegal to work but who is going to know that a foreigner is working illegally in a 1-3 employee small business?
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Re: Temporary Marriage until Work ARC with My Own Company

Postby DJCJ » 01 Jun 2015, 10:51

Thank you all for your replies! :)

Abacus wrote:Are you sure that you aren't allowed to work for your own company the first year? I thought you needed to do #3 to continue to sponsor an ARC after the first year.

Who cares if it's fraudulent? There has to be a better way to get a visa.

Is it the kind of business that anybody is going to ever check work permits at? It might be illegal to work but who is going to know that a foreigner is working illegally in a 1-3 employee small business?


You raise a good question about #3, and I don't know the answer. The law is difficult to interpret. I may have to pay for legal counsel to know for sure what is possible.
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Re: Temporary Marriage until Work ARC with My Own Company

Postby DJCJ » 01 Jun 2015, 14:52

It's a miracle, I don't have to get married!

Thank you "Abacus" for leading me in the right direction. The business book I was following is poorly written, but I found the published law here: http://law.moj.gov.tw/Eng/LawClass/LawContent.aspx?PCODE=N0090031

Summary: Your company needs to start with NT$500K, and every year AFTER needs to earn NT$3million in revenue

Article 39:

The employer who is to hire a foreigner specified in the preceding Article shall meet one of the following requirements:

1. Established for less than one (1) year, and its paid-up capital or working capital in Taiwan has reached five hundred thousand (500,000) New Taiwan Dollars and above, or average turnover, actual import and export revenue, or commission has reached three million (3,000,000) New Taiwan Dollars, five hundred thousand (500,000) United States Dollars and above, or two hundred thousand (200,000) United States dollars and above, respectively.

2. Established for more than one (1) year, and its average turnover, actual import and export revenue, or commission in the most recent year or for the past three (3) years has reached no less than three million (3,000,000) New Taiwan Dollars, five hundred thousand (500,000) United States dollars, or two hundred thousand (200,000) United States dollars, respectively.
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Re: Temporary Marriage until Work ARC with My Own Company

Postby Icon » 01 Jun 2015, 15:33

Good. Kudos to you for taking the harder but legal way of doing things. I know several cases where the "silent" partner by marriage left the foreigner out in the cold of his own company/money/investment. That is the risk of taking the "easy" road and just using your wife's name on all legal documents pertaining your business, even JFVC.
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Re: Temporary Marriage until Work ARC with My Own Company

Postby Mr He » 02 Jun 2015, 15:25

Also, you could set up a representative office as well, you can get your ARC through that.

Moreover, there are some law changes in the offing, making it easier to come here and set up a business. I even think they got an entrepreneur visa in the works.
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Re: Temporary Marriage until Work ARC with My Own Company

Postby Ermintrude » 02 Jun 2015, 15:34

Is that legal absolutely anywhere on the planet, you muppet? :lol:
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Re: Temporary Marriage until Work ARC with My Own Company

Postby Mr He » 02 Jun 2015, 17:03

The only legal sham marriages are the ones used before execution of virgins in Iran.

First "married", then raped, then killed.

I see so many problems with the sham marriage approach, that I do not need where to start.

OK, if you succed and the business does too:

1. You have a legal obligation to give half of whatever you earn to your "spouse". Or more, if you are to by the divorce from her. I do not say that it will happen, I say that it can.
2. It is quite illegal. I don't think the government will let you off lightly if someone rats on you.
3. It will show up in your documentary record forever.
4. Ther are easier ways.
5. It's immoral.
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