Immigration Law: Frequently Asked Questions for Taiwanese Citizens Applying for Related Services

Q1.Can children born in Taiwan, with a foreign father and a Taiwanese mother, be directly registered for household registration?
A. 1. For children born in Taiwan after February 10, 2000, the birth registration can be directly handled at the household registration office by the Household Registration Act.
2. For children born in Taiwan between February 10, 1980, and February 9, 2000, they can apply for residency at the National Immigration Agency, obtain a residency certificate, and then use it to apply for initial household registration at the household registration office.
3. For children born before February 9, 1980, according to the Nationality Act, they are considered foreign nationals and do not hold Taiwanese nationality, thus they cannot directly register for household registration.

Q2. If registered in Kinmen, Matsu, or Penghu, how can one travel using the “Mini Three Links” without a passport?
A. Taiwan residents who have been registered in Kinmen, Matsu, or Penghu for more than six months can apply for a multiple-entry and exit permit valid for three years at the National Immigration Agency's Kinmen, Matsu, or Penghu service stations. Upon inspection, they can travel from Kinmen, Matsu, or Penghu to Mainland China.Taiwanese Citizens' Immigration and Entry/Exit Application Q&A (Image Source: Taoyuan International Airport Website)

Q3. Can I leave Taiwan if my passport is valid for less than six months? What regulation restricts departure in this case?
A. Republic of China (Taiwan) passports can be used for entry and exit as long as they are valid. However, most foreign governments require that passports be valid for more than six months. Since visa and immigration regulations of various countries may change frequently, it is recommended to confirm the latest entry requirements with the relevant embassy or consulate before departure.

Q4. My sister married in Japan over ten years ago. She has a ROC passport and ID card but her household registration has been moved out of Taoyuan. My brother-in-law is Chinese-Japanese with Japanese nationality, and they have a 10-year-old son with Japanese nationality.

What is the process for the entire family to return and settle in Taiwan? What applications should be made?
How should her son apply for schooling in Taiwan?
Can the whole family apply for Alien Resident Certificates? How to proceed?
A.

• For your sister: As she is a ROC citizen with a previous household registration in Taiwan, she should enter Taiwan with her ROC passport. After entry, she should bring her ROC passport to the household registration office in her place of residence to re-register her household registration. 

• For her son: If he meets the criteria of Article 2, Paragraph 1, Item 1 of the Nationality Act — i.e., either parent was a ROC national at the time of his birth — he is considered a ROC national and can apply for residency in accordance with Article 10 of the Immigration Act. The following documents must be prepared and submitted to the National Immigration Agency’s service station (processing time is 7 working days, excluding weekends and mailing time): (1) One application form with one front-facing color photo (same specification as the National ID card photo). (2) Original and photocopy of passport (original returned after verification). (3) Original and photocopy of verified foreign language and Chinese translation of birth certificate (original returned after verification). (4) Original and photocopy of both parents’ marriage registration certificate or household registration transcript. (5) Parental consent form (if both parents are present at the service station, no consent form is required). (6) Health examination certificate within the last three months from a hospital designated by the Ministry of Health and Welfare (must meet the requirements of Health Examination Form B). (7) Application fee of NTD 600, plus a registered return envelope.

After obtaining a residency certificate, he can establish household registration at the household registration office and apply to attend an elementary school in the district where the household registration is located. (For schooling rights, it is recommended to inquire with the local elementary school or educational authority.)

• For your brother-in-law: Please first contact the Department of Household Registration, Ministry of the Interior (http://www.ris.gov.tw, Tel: 2356-5000 ext. Nationality Administration Section) to confirm whether your brother-in-law is a ROC national under the Nationality Act. The handling procedure varies depending on whether he holds overseas Chinese status: (1) With Overseas Chinese Status: He can apply for a ROC passport at the ROC representative office in Japan. Upon entering Taiwan, he can apply for residency under Article 9 of the Immigration Act, based on your sister’s residency status in Taiwan. He can apply for permanent residency after consecutive residency or a certain period of residency (one year of continuous residency, or two years of residency with at least 270 days per year, or five years of residency with at least 183 days per year). (2) Without Overseas Chinese Status: As a Japanese national, he should apply for a resident visa or a 60-day or longer stay visa at the ROC representative office in Japan. Upon entry, he can apply for an Alien Resident Certificate under Article 22 (holding a resident visa) or Article 23, Paragraph 1, Item 1 (holding a stay visa of 60 days or more) of the Immigration Act. 

• If the three family members only want to apply for Alien Resident Certificates, they must apply for resident visas at the ROC representative office abroad. Upon entry into Taiwan with their foreign passports, they can apply for Alien Resident Certificates to reside in Taiwan as foreign nationals.

Q5: If my 1-year-old child, who entered Taiwan with a U.S. passport and has since registered household residency, can both the Taiwanese and U.S. passports be stamped when leaving Taiwan?
A:

• For ROC nationals with dual nationality who enter Taiwan using a foreign passport, they must exit using the same foreign passport. However, if the individual is a national without household registration who has obtained permission to settle in Taiwan, entry and exit should follow the regulations applicable to ROC nationals with household registration. In your child’s case, if they entered with a U.S. passport but have since established household registration in Taiwan (thus receiving a National ID number), they should leave Taiwan using an ROC passport.
• Conditions for ROC nationals with dual nationality (overseas Chinese) who entered Taiwan using an ROC passport and wish to have entry and exit stamps affixed to their foreign passport upon departure:

• (a) The basic information on both the ROC and foreign passports (such as gender, date of birth, place of birth) must be identical, and the photos must match.
• (b) During their stay in Taiwan, they must comply with the duration of stay permitted by the visa in their foreign passport, or if visa-free, they must follow the permitted duration of stay in accordance with the regulations of the visa-waiver country.
• (c) If they enter and exit Taiwan through different airports or ports, they may request that entry and exit stamps be affixed to their foreign passport as long as they have not overstayed the permitted duration of stay. However, if the permitted stay duration has been exceeded, only the exit stamp can be affixed.
• As your child entered Taiwan with a U.S. passport and not an ROC passport, upon establishing household registration in Taiwan, the U.S. passport will be stamped with the "Meihua C" (Plum Blossom C) stamp, indicating their status change. For the first exit from Taiwan, they should use their ROC passport for exit inspection, and a U.S. passport can be stamped with the exit stamp as supplementary evidence.