Q: What is a Foreign Special Professional?
A: A Foreign Special Professional refers to a foreign national engaged in work specified in Subparagraphs 1 to 6, Paragraph 1, Article 46 of the Employment Service Act, and who also possesses special expertise and qualifications in eight major fields as announced by the central competent authorities. These fields include science and technology, economy, education, culture and the arts, sports, finance, law, and architecture and design. The specific qualifications can be found on the &ldquoInformation for Foreign Professionals&rdquo page on the National Development Council website.
Q: What are the main laws governing the employment of foreign professionals in Taiwan? What are the key differences between them?
A: Foreign professionals working in Taiwan are primarily subject to the Employment Service Act (specifically Subparagraphs 1 to 6, Paragraph 1, Article 46, covering specialized or technical work, managerial positions in foreign-invested enterprises, teaching, sports, arts, and performing arts) and the Act for the Recruitment and Employment of Foreign Professionals.
The Act for the Recruitment and Employment of Foreign Professionals is a special law specifically regulating the employment of foreign professionals in Taiwan. It includes special provisions for foreign special professionals, allowing for easier work permit applications. It also adds provisions allowing cram schools to hire foreigners with specialized knowledge or technical skills for teaching positions and opens up the possibility for foreigners to apply on their own to engage in artistic work.
Foreign professionals may engage in specialized or technical work, managerial positions in overseas Chinese or foreign-invested enterprises, teaching, as well as work in sports, arts, and performing arts. (Image / Source: Workforce Development Agency website)
Q: What types of work can Foreign Special Professionals engage in?
A: Foreign Special Professionals may engage in work as specified in Subparagraphs 1 to 6, Paragraph 1, Article 46 of the Employment Service Act, including specialized or technical work, managerial work in foreign-invested enterprises, teaching, sports, arts, and performing arts.
Q: What are the application channels for Foreign Special Professionals to work in Taiwan?
A: There are two application channels:
- 1. The foreign national can directly apply for the Employment Gold Card through the Ministry of the Interior. The Ministry of Labor will jointly review the applicant&rsquos qualifications. Once approved, the individual may work independently in Taiwan.
- 2. Employers can apply for an employment permit from the Ministry of Labor. The permit is valid for up to five years. However, for teaching positions in schools, the application and approval process is now handled by the Ministry of Education.
Q: What is the duration of work permits for Foreign Special Professionals in Taiwan?
A:
- For those who apply for an Employment Gold Card via the Ministry of the Interior, the work period is based on the validity of the card, with a maximum of three years.
- For those whose employers apply for an employment permit from the Ministry of Labor, the maximum employment period is five years. This is not subject to the three-year limit stated in Article 52 of the Employment Service Act.
Q: If a Foreign Special Professional wants to engage in a different professional job in Taiwan, is a new employment permit required from the new employer?
A: This depends on whether the individual holds an Employment Gold Card or an employer-sponsored employment permit:
- If the individual has obtained an Employment Gold Card through the Ministry of the Interior, it serves as a personal work permit, and a new permit from a new employer is not required.
- If the work permit was applied for by the employer through the Ministry of Labor, then under the Act for the Recruitment and Employment of Foreign Professionals and the Employment Service Act, the new employer must apply for a new employment permit before the individual can start working.
Q: When can an employer apply for an employment permit for a foreign national who qualifies as a Foreign Special Professional?
A: Since the Act for the Recruitment and Employment of Foreign Professionals came into effect on February 8, 2018, applicants who meet the requirements may submit the application form and related documents either by themselves or through their employer to the Workforce Development Agency under the Ministry of Labor. The application will be reviewed based on the qualification standards announced by the central competent authorities. Additionally, the Ministry of Labor published the application forms on the Workforce Development Agency&rsquos website on February 8, 2018, for public download and use.
