life convenience - reviewing results of governmental deregulation

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Life Convenience - A Review on the Results of the Governmental Deregulation Michael Fahey [email protected] 2014 International Conference on Immigration Policy

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Page 1: Life Convenience - Reviewing  Results of Governmental Deregulation

Life Convenience - A Review on the Results of the

Governmental Deregulation

Michael [email protected]

2014 International Conference on Immigration Policy

Page 2: Life Convenience - Reviewing  Results of Governmental Deregulation

Contents

1. Permanent Residence

2. Extensions of Residencea) Students and professionals

b) Children of Residents

3. Employment Authorization (Points System)

4. Case Study

Page 3: Life Convenience - Reviewing  Results of Governmental Deregulation

Permanent Residence (I)

•  Immigration Act §25 – Policy Objectives

• Missionaries• (Japanese) spouses of deceased Taiwanese nationals

– Benefits• Unlimited residence if reside in Taiwan 183

days/year• Authorized to work without restrictions on type of

work, minimum salary, or minimum capitalization of employer

Page 4: Life Convenience - Reviewing  Results of Governmental Deregulation

Permanent Residence (I)Year Liberalization Comment

1999 Single 7 years/270 days Permanent residence created. No work rights

Spouse 5 years/183 days

2002 Exempt from employment restrictions (“open work permit”)

Key benefit makes permanent residence attractive

2002 5 years/183 days Unification of residence period

2004 Financial requirement reduced

2x minimum wage for one year (formerly three years)

2012 Foreign criminal record requirement relaxed

Easier to apply

Page 5: Life Convenience - Reviewing  Results of Governmental Deregulation

Permanent Residence: Barriers• Financial requirements

– Foreign national spouses of permanent residents can’t aggregate income or assets of spouse.

– Foreign national spouses of Taiwanese citizens can aggregate

• Entrance on landing visa or visitor visa resets the permanent residence clock

Page 6: Life Convenience - Reviewing  Results of Governmental Deregulation

Permanent Residents: 2010-2014

2001 2005 2010 2014.90

2000

4000

6000

8000

10000

12000

220

1649

5623

10811

Permanent Residents

Perm. Residents

Page 7: Life Convenience - Reviewing  Results of Governmental Deregulation

Extensions of Residence (I)• Regulations Governing Visiting, Residency,

and Permanent Residency of Aliens (2014) § 22– Students and foreign professionals can apply

for six-month extension of residence– Policy Objectives: retain international talent

Page 8: Life Convenience - Reviewing  Results of Governmental Deregulation

Extensions of Residence (I)

Professionals Students0

100

200

300

400

500

600

343

525

ARC Extensions since 2014.4

Page 9: Life Convenience - Reviewing  Results of Governmental Deregulation

Extensions of Residence (II)• Regulations Governing Visiting, Residency,

and Permanent Residency of Aliens (2014) §8– On reaching age of 20– Parents are residents or permanent residents– 10 years cumulative residence (270 days);– Entered Taiwan before age of 16 (270 days); or– Born in Taiwan, 10 years cumulative residence

(183 days)

Page 10: Life Convenience - Reviewing  Results of Governmental Deregulation

Extensions of Residence (II)• Regulations Governing Visiting, Residency,

and Permanent Residency of Aliens (2014) § 8– Up to two three-year extensions– No work authorization– Policy: keep families together– Extensions granted since April 2014: 9

Page 11: Life Convenience - Reviewing  Results of Governmental Deregulation

Points System• Qualifications and Criteria Standards for

foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act(2014) § 5-1– Applies to graduates of Taiwanese universities– Professional and technical jobs– Eliminates minimum salary requirement– Students must get 70 points– Work permits granted (2014.9.30): 259

Page 12: Life Convenience - Reviewing  Results of Governmental Deregulation

Case StudyFamily Member

Arrived Age at Arrival Residence Work Authorization?

Father 1998 N/A Permanent Yes (open)

Mother 1998 N/A Dependent No

Eldest Daughter

1998 6 Resident (student)

Yes (open, 16hrs)

Eldest Son 1998 3 Left TW No

Second Son Birth 0 Dependent No

Third Son Birth 0 Dependent No

Page 13: Life Convenience - Reviewing  Results of Governmental Deregulation

Case Study– Eldest Son– Arrived in Taiwan at age 3– Primary and secondary education at Taiwanese

pubic schools in Tamsui and Kaohsiung– One year of college (applied mathematics) in

Taiwan– Left Taiwan because he saw no future here

partly due to his lack of residency and work rights

Page 14: Life Convenience - Reviewing  Results of Governmental Deregulation

Case Study• Eldest Daughter

– Primary and secondary education at Taiwanese public schools in Tamsui, Kaohsiung, and Tainan

– Currently University student majoring in dance– Currently has work authorization (open) for up to 16

hours. Able to support self and pay tuition.– Can extend residence twice for three years after

graduation but loses work authorization

Page 15: Life Convenience - Reviewing  Results of Governmental Deregulation

Case Study• Eldest Daughter

– Can she get a work permit under new points system?

– Yes if she can pass German test.

Page 16: Life Convenience - Reviewing  Results of Governmental Deregulation

Case StudyCriterion Points Reason

Degree 10 BA (expected)

Salary 0 Likely salary < NT$31,000 (US$1000)

Work experience 0 No full-time employment

Special Qualifications 0 Must be related to job

Chinese 30 Fluent because educated in TW public schools

Foreign languages 20 German, English

Residence in foreign country

10 Came to Taiwan at age of 6

Government policy

0 No government policies to promote dance industry

Total Score 70 Probably does not qualify.

Page 17: Life Convenience - Reviewing  Results of Governmental Deregulation

Case Study• Eldest Daughter

– Could she get a work permit in dance?– No. Work in performing arts is not a

professional or technical job. – Work permit to work as dancer requires

• Proof of work experience in Taiwan as a dancer• Letter of recommendation from German authorities

or work experience overseas.

Page 18: Life Convenience - Reviewing  Results of Governmental Deregulation

Case Study• Mother

– Speaks seven languages– Dependent residents cannot work without a work

permit– Unable to obtain permanent residence after 16 years in

Taiwan because she cannot work and does not have NT$5 million

– Would be able to obtain permanent residence and work authorization if married to Taiwan citizen (aggregation rule)

Page 19: Life Convenience - Reviewing  Results of Governmental Deregulation

Case Study• Mother

– Ordinary work permit requirements:• Subject to scope of work restrictions,• high minimum salary (NT$49,000, US$1,600), • minimum employer capital requirements

– Cannot find employer who meets requirements and willing to sponsor her for work permit (does not live in northern Taiwan)

Page 20: Life Convenience - Reviewing  Results of Governmental Deregulation

Case Study• Mother

– Ordinary work permit requirements:• Subject to scope of work restrictions,• high minimum salary (NT$49,000, US$1,600), • minimum employer capital requirements

– Cannot find employer who meets requirements and willing to sponsor her for work permit (does not live in northern Taiwan)

Page 21: Life Convenience - Reviewing  Results of Governmental Deregulation

Case Study• Second Son

– Primary and secondary education at Taiwanese public schools

– Does not plan to attend university at this time– Can extend residence twice for three years at

age 20– No work authorization– Anxious about his future in Taiwan

Page 23: Life Convenience - Reviewing  Results of Governmental Deregulation

• Thank you for listening.• Discussion by Chen Hui-ling