(Photo by Vernon Raineil Cenzon on Unsplash)
On May 30, Taiwan’s parliament passed the Immigration Law Reform. This is the most significant change since the immigration law was implemented more than 24 years ago, with a total of 63 amendments.
According to the Immigration Department of the Ministry of the Interior, the 4 key points of this amendment are as follows
1. Attracting high-value talents to come to Taiwan and easing stay and residence regulations
In order to attract outstanding foreign talents to come and stay in Taiwan, the current requirement for foreigners to obtain permanent residency is more than 183 days per year, which will be relaxed to an “average” of 183 days or more per year over the past five years. This change may benefit white-collar workers who cannot stay in Taiwan for long periods of time due to irregular business travel. In addition, as for the person with special contribution to our country, senior professionals, first prize winners in various professional fields, and investment immigration applicants, their spouses, children under the age of 18, and children with disabilities are also included in the application for permanent residence.
In addition, in order to simplify the procedures for foreigners who wish to apply for a residence permit after entering the country on a visa-free or residence visa, the amendment has been relaxed and the Ministry of Foreign Affairs is not required to change the application. For a residence visa, they may apply directly to the Immigration Department for an Alien Residence Card, and the same applies to spouses and children. In order to allow foreigners coming to Taiwan to have enough time to find a place to live and familiarize themselves with the environment, the time limit for foreigners who have obtained a residence permit to apply for an alien residence permit after entering the country has been extended from 15 days to 30 days.
In addition, in order to encourage overseas nationals to return to Taiwan, unattached nationals without household registration who enter the country with Taiwan passports will be exempted from applying for entry permits, and those who have legally resided in the country for more than 5 years instead of the current 7 years and those who reside for more than 183 days per year can apply for residence permits. In addition, the age limit for children born overseas to Taiwanese citizens who enter the country with Taiwanese passports will be abolished.
2. Strengthening the Protection of the Human Rights of Migrants and Ensuring the Right to Family Reunification
In order to protect the family reunification rights of married immigrants and the best interests of children, foreign spouses who are widowed or foreign spouses who have been legally resident, have custody of minor children in my country, or meet and communicate with each other, can enter the country with a residence visa.
3. Strengthening the security management of the flow of people, adding punishment patterns and revising the containment regulations.
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4. Lawyers operate immigration business, adding that lawyers can be appointed to be present during the process of forced deportation or interviews.
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立法院2023年5月30日日三讀通過「入出國及移民法」部分條文修正草案，這是「入出國及移民法」施行24餘年以來，最大幅度修法變革，共計修正63條。
參考內政部移民署網頁資料，這次修正4大重點如下：
一、吸納優質人才來臺，鬆綁停居留規定
為吸引外籍優秀人才來臺及留臺，在外國人取得永久居留部分，現行規定須每年居住超過183日，放寬為最近5年內「平均」每年居住183天以上即可，以便利白領人士因業務須不定期出差，恐無法長期居住國內。另也新增納入對我國有特殊貢獻、高級專業人才、於各專業領域得首獎者及投資移民申請人的配偶、未滿18歲子女及身障子女，得隨同申請永久居留。
另為簡化外國人申辦居留程序，對於學術研究機構顧問、大學講座或外國專業人才延攬及僱用法所定的白領專業人才，持免簽或停留簽證入國後，修正放寬得免向外交部改辦居留簽證，直接向移民署申請外僑居留證，其配偶與子女亦同。又為便利來臺的外國人有充足時間尋找住所及熟悉環境，放寬外國人取得居留許可者，入國後申請外僑居留證的期限，由15日延長至30日。
此外，為延攬海外僑民返國，鬆綁無戶籍國民持我國護照入國得免申請入國許可、合法連續停留從現行7年以上放寬為5年以上，且每年居住183日以上者，得申請居留。另對於國人海外出生的子女持我國護照入國，取消申請定居的年齡限制。
二、增進移民人權保障，保障家庭團聚權
為維護婚姻移民的家庭團聚權及兒少最佳利益，增訂外籍配偶喪偶，或曾為合法居留的外籍配偶，對我國未成年子女有撫育事實或會面交往的情形，持停留簽證入國後可申請居留的規定。
三、強化人流安全管理，增訂處罰態樣及修正收容規定
四、律師經營移民業務，增訂於受強制驅逐出國程序或面談時得委任律師在場
