life convenience - reviewing results of governmental deregulation
TRANSCRIPT
Life Convenience - A Review on the Results of the
Governmental Deregulation
Michael [email protected]
2014 International Conference on Immigration Policy
Contents
1. Permanent Residence
2. Extensions of Residencea) Students and professionals
b) Children of Residents
3. Employment Authorization (Points System)
4. Case Study
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
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
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
Permanent Residents: 2010-2014
2001 2005 2010 2014.90
2000
4000
6000
8000
10000
12000
220
1649
5623
10811
Permanent Residents
Perm. Residents
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
Extensions of Residence (I)
Professionals Students0
100
200
300
400
500
600
343
525
ARC Extensions since 2014.4
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)
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
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
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
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
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
Case Study• Eldest Daughter
– Can she get a work permit under new points system?
– Yes if she can pass German test.
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.
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.
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)
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)
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)
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
Forward Taiwan
• https://www.facebook.com/forwardtaiwan• Forward Taiwan’s Detailed Immigration Re
form Proposals• Summary of Forward Taiwan’s Immigration
Reform Proposals
• Thank you for listening.• Discussion by Chen Hui-ling