IMPACT – MEDIUM

What is the change? Taiwan has announced that it will provide visa-free travel to Russian nationals from now until July 31, 2019.

What does the change mean? Eligible nationals will be able to travel visa-free to Taiwan for stays of up to 14 days for business or tourism.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Visa waivers.
  • Who is affected: Russian nationals traveling to Taiwan for short-stay business or tourism.  
  • Impact on processing times: The change will save Russian nationals the time it takes to apply for and receive a visa before travel.

Background: Taiwan has liberalized its visa policies for several Asian and Latin American countries in recent years. Taiwanese authorities announced this week that they would extend visa-free travel to Russian nationals until July 31, 2019. It should be noted that Taiwanese travelers still must obtain a visa in order to travel to Russia.

BAL Analysis: Taiwan’s easing of visa requirements for Russia and other countries is aimed at facilitating business travel, strengthening economic ties and encouraging investment. While the waiver will benefit a number of Russian nationals, those who intend to stay more than 14 days will still be required to obtain the appropriate visa.

This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Taiwan has announced that it will extend visa-free programs for nationals of Brunei, Thailand and the Philippines.

What does the change mean? Nationals of Brunei, Thailand and the Philippines will be able to travel visa-free to Taiwan for stays of up to 14 days for tourism or business. The programs are set to expire on July 31, 2019.

  • Implementation time frame: Between now and July 31, 2019.
  • Visas/permits affected: Visa waivers.
  • Who is affected: Nationals of Brunei, Thailand and the Philippines traveling to Taiwan for short-stay business or tourism.  
  • Impact on processing times: The extension will save eligible travelers the time it takes to apply for and receive a visa before travel.

Background: Last year, Taiwan extended a visa-free pilot program for nationals of Brunei and Thailand. Later, it launched a visa-free travel program for Philippine nationals. The programs were set to expire on July 31, 2018, but have now been extended by one year. Nationals of all three countries will be eligible for stays of up to 14 days. Previously, nationals of Brunei and Thailand were eligible for stays of up to 30 days, while Philippine nationals were eligible for stays of up to 14 days.

Nationals of Brunei and Thailand will continue to be eligible for stays of 30 days through July 30. The 14-day cap will apply from Aug. 1, 2018, to July 31, 2019.

Visa-free entry requirements have not changed. Travelers must have (1) an ordinary passport with at least six months of validity from the date of entry; (2) a return ticket or a ticket for an onward destination (plus a visa, if required); (3) proof of accommodation booking, a host’s contact information or arrangements or details of a tour or of an event or meeting; and (4) a completed arrival card. Travelers must present their passport and arrival card to authorities at the airport or seaport upon arriving in Taiwan.

BAL Analysis: While nationals of Brunei and Thailand will no longer be eligible for 30-day visa-free stays, the extension of visa-free travel programs for 14-day visits represents Taiwan’s overall goals of facilitating business travel, strengthening economic ties and encouraging investment, especially with its neighbors in Asia.

This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – HIGH

What is the change? Taiwan released additional details Tuesday on the “Gold Card,” a combined work-and-residence permit that was introduced Feb. 8.

What does the change mean? The new updates to the Recruitment and Employment of Foreign Professionals Act define “foreign special professionals” and offer clarification on key provisions of the law.

Updates to the law:

  • “Foreign special professionals” are defined as experts working in one of eight fields: technology, economic, education, cultural and art, sport, financial, law, and architecture. Each field has its own criteria, including minimum education, salary, work experience and other qualifications.
  • Foreign special professionals are eligible to apply for the Gold Card – a combined work-and-residence permit that foreign special professionals may apply for without needing an employer to sponsor them. Gold Cards will be granted for one- or three-year durations and will allow foreign workers to change jobs or look for a job without losing status.
  • Work permits for foreign special professionals will be issued for five-year terms, instead of the current three years.
  • Foreign special professionals with a Gold Card whose annual salary exceeds 3 million New Taiwan dollars (about US$102,000) may deduct half of the amount above the 3 million Taiwan dollars for tax purposes in the first three years. (Individuals who previously held an Alien Resident Certificate and transfer to a Gold Card will not have this benefit).
  • Freelance artists may obtain work permits without applying through an employer.
  • “Cram schools” in Taiwan may hire foreign teachers with expertise or professional skills for teaching.

Background: The Recruitment and Employment of Foreign Professionals Act introduced the Gold Card, expanded the duration of work permits to five years and relaxed several rules for permanent residency. Full changes are detailed in a previous BAL news alert here. Taiwan’s National Immigration Agency released an update to the law Tuesday to clarify the changes.

BAL Analysis: The law relaxes several rules for expatriate employees and their families and provides a number of financial and social benefits to foreign professionals seeking to work and live in Taiwan. The added criteria to define foreign special professionals limits Gold Card eligibility to specific industry sectors.

This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – HIGH

What is the change? Taiwan’s new law that significantly eases rules for foreign professionals and their family members will take effect Feb. 8.

What does the change mean? Among the numerous changes detailed below, the Recruitment and Employment of Foreign Professionals Act introduces a “Gold Card” work-and-residence permit that does not require a sponsor, expands the duration of work permits to five years, and relaxes several rules for permanent residency.

  • Implementation time frame: Feb. 8.
  • Visas/permits affected: Gold Cards, Alien Permanent Resident Cards.
  • Who is affected: Foreign professionals and their dependent family members.
  • Business impact: The law is intended to help attract and retain foreign talent.
  • Next steps: The National Immigration Agency will release implementation guidelines on the required documents, processing times, fees and other details.

The key provisions of the law are listed below.

  • Work permits for foreign professionals will be issued for five-year terms, instead of the current three years.
  • The Gold Card will be a combined work-and-residence permit that foreign professionals may apply for without needing an employer to sponsor them. Gold Cards will be granted for one- or three-year durations and will allow foreign workers to change jobs or look for a job without losing status. A new visa for foreign nationals seeking employment in Taiwan will be available with a maximum validity period of six months.
  • Foreigners holding permanent residency will no longer be required to stay in Taiwan for 183 days per year to maintain their permanent resident cards.
  • Foreign professionals who have been approved for permanent residence will be entitled to a pension under the Labor Pension Act. Full-time paid foreign teachers in the public school system may opt for a lump sum or monthly pension payment.
  • Foreign professionals whose annual salary exceeds 3 million New Taiwan dollars (about US$102,000) can deduct half of the excess (above NTD$3 million) for tax purposes in the first three years.
  • Dependents of foreign professionals with permanent residence only need to continually lawfully reside in Taiwan for five years and stay more than 183 days in each calendar year to be eligible for permanent residency, and they no longer need to show proof of assets.
  • Adult children of foreign professionals may apply for work permits without being sponsored by an employer.
  • Spouses, minor children and adult disabled children of foreign professionals are no longer required to wait a full six months after receiving their Alien Resident Certificate before being covered under the National Health Insurance system.
  • Visas for visiting relatives are extended to a maximum of one year per visit, instead of the current six months.

BAL Analysis: The law relaxes several rules for expatriate employees and their families and provides a number of financial and social benefits to foreign professionals seeking to work and live in Taiwan.

This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Taiwan has extended visa-free travel to nationals of 11 Latin American countries.

What does the change mean? Nationals of El Salvador, Haiti, Honduras, Nicaragua and Paraguay are visa-waived for stays of up to 90 days, and nationals of Belize, the Dominican Republic, Guatemala, Saint Vincent and the Grenadines, Saint Christopher and Nevis, and Saint Lucia are visa-waived for stays of up to 30 days.

  • Implementation time frame: Immediate. The policy took effect July 12.
  • Visas/permits affected: Visa-free travel.
  • Who is affected: Nationals of the 11 countries traveling for business or tourism.
  • Impact on processing times: The visa exemption eliminates the need to apply for a visa.
  • Business impact: Business travelers who are nationals of the 11 countries will not be required to obtain visas for short stays within the limited duration.

Background: Taiwan recently expanded its visa-waiver policy to numerous countries in South Asia and Southeast Asia and is looking beyond its immediate neighbors to attract business visitors and economic partnerships. To use the visa waiver, qualifying nationals must have proof of a return ticket or onward destination, a passport that is valid for at least six months beyond their stay, and a clean criminal record.

BAL Analysis: The expansion of Taiwan’s visa waiver will ease processing for additional nationals. Travelers are reminded that business activities are limited when traveling on a visa waiver and work activities are prohibited.

This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Taiwan will implement visa liberalization rules for several of its Asian neighbors beginning June 1. The visa waiver for the Philippines has been postponed.

What does the change mean? Beginning June 1, nationals of Cambodia, India, Indonesia, Laos, Myanmar, the Philippines and Vietnam who have been granted a visa to Taiwan within the past 10 years (not including labor visas) may apply for multiple-entry travel authorization certificates online. A similar pilot program that applies to nationals of Brunei and Thailand has been extended until July 31, 2018. Also beginning June 1, business travelers from Bangladesh, Bhutan, India, Nepal, Pakistan and Sri Lanka will become eligible to apply for e-visas if recommended by the local office of the Taiwan External Trade Development Council.

  • Implementation time frame: June 1. The implementation date for the Philippine visa waiver is expected to be announced by September.
  • Visas/permits affected: Visa waiver.
  • Who is affected: Nationals of Cambodia, India, Indonesia, Laos, Myanmar, the Philippines and Vietnam.
  • Business impact: Business visits are permitted under the visa waiver.
  • Next steps: Eligible nationals must complete the application form on Taiwan’s National Immigration Agency website.

Background: The visa liberalization is part of Taiwanese President Tsai Ing-wen’s strategy to fortify relations with the nation’s southeast Asian neighbors. Philippine nationals remain eligible for the travel authorization certificate or e-visa for short visits or tourism. Taiwanese officials announced the delay of the visa-free program for the Philippines so they can complete administrative procedures and interagency coordination.

BAL Analysis: Taiwan’s easing of visa requirements is aimed at facilitating business travel, strengthening economic ties and encouraging investment with several of its regional Asian neighbors. Philippine nationals should continue to apply for a travel authorization certificate or e-visa for short visits, or they may rely on a previous visa (excluding labor visas) to apply for a 90-day, multiple-entry visa.

This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Taiwan’s highest court has ruled that laws defining marriage as a union between a man and a woman are unconstitutional.

What does the change mean? The ruling sets the stage for Taiwan to possibly recognize same-sex marriage, though the court gave parliament two years to pass the necessary legislation to move into compliance with the ruling. Recognition of same-sex marriage could have immigration impacts, in particular for foreign employees in a same-sex relationship, but it is not clear at this point whether lawmakers will fully recognize same-sex marriage or attempt to comply with the ruling in a way that does not extend full marriage rights.

  • Implementation time frame: Ongoing.
  • Who is affected: Same-sex couples in Taiwan.
  • Business impact: If it recognizes same-sex marriage, Taiwan could be an attractive option for foreign employees in same-sex marriages who are relocating to Asia.
  • Next steps: Taiwan’s parliament has been given two years to craft the amendments or new laws to comply with the ruling.

Background: Taiwan’s constitutional court ruled Wednesday that laws preventing same-sex marriage violated constitutional provisions guaranteeing equality and all other “freedoms and rights” that “are not detrimental to social order or public welfare.” The parliament, the Legislative Yuan, now has two years to comply with the ruling, though it is not clear what type of legislation will emerge. A bill to legalize same-sex marriage has stalled despite support from President Tsai Ing-wen. The court said that if parliament has not taken action in two years, same-sex couples would be able to register based on the ruling.

BAL Analysis: BAL is watching progress on same-sex marriage legislation and will update clients on important developments.  

This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? A bill that would legalize gay marriage is being debated by the Taiwanese legislature.

What does the change mean? If the bill becomes law, Taiwan would be the first place in Asia to recognize same-sex marriage.

  • Implementation time frame: Debate on the bill has begun and could be voted on by the end of the year or early next year.
  • Who is affected: Same-sex couples in Taiwan.
  • Business impact: If it passes, the law would make Taiwan an attractive option for foreign employees in same-sex marriages who are relocating to Asia.
  • Next steps: The outcome of the legislative vote is too close to predict.

Background: Taiwan’s legislative yuan began debating the bill Nov. 17. The bill would define marriage as between two people without regard to gender. President Tsai Ing-wen has voiced support for the bill, with tens of thousands of demonstrators rallying both for and against it.

BAL Analysis: BAL is watching progress of the bill and will update clients when the vote occurs.

This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Starting in January, Taiwan is moving to a mandatory online system for work permit applications.

What does the change mean? Employers must set up an account and should add their immigration service providers as secondary users to file work permit applications on the employers’ behalves.

  • Implementation time frame: January 2016.
  • Visas/permits affected: Work permits.
  • Who is affected: Employers sponsoring foreign employees for Taiwanese work permits.
  • Next steps: Employers may contact their BAL team for questions or assistance in setting up their accounts.

BAL Analysis: Companies are encouraged to set up their account as soon as possible to avoid delays when the system launches in January.

This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Further details on visa-free travel for citizens of Taiwan traveling to China have been released by Public Security Bureau officers in verbal confirmations and in public statements to the media.

What does the change mean? Taiwanese citizens will be able to enter mainland China with only a valid Tai Bao Zheng or, if they do not have a Tai Bao Zheng, they may obtain a temporary travel certificate upon arrival. Shanghai and Beijing have already stopped requiring Taiwanese travelers to obtain travel and residence endorsements. The Tai Bao Zheng is also expected to be replaced by an E-travel pass in the coming year.

  • Implementation time frame: Shanghai and Beijing began removing travel and residence endorsements June 23. Other changes take effect July 1.
  • Visas/permits affected: Travel endorsements, Tai Bao Zheng.
  • Who is affected: Taiwanese citizens.
  • Impact on processing times: The changes should reduce processing, as travelers will no longer need to obtain a travel endorsement for each entry.
  • Business impact: The changes will reduce costs and add convenience for Taiwanese travelers.

Background: As BAL reported last week, China’s State Council announced changes that would remove current visa requirements, known as travel endorsements, for Taiwanese residents holding valid Tai Bao Zheng. Additional details from the Public Security Bureau confirm that Taiwanese citizens who do not have a Tai Bao Zheng will be able to obtain a single-entry, temporary travel certificate upon arrival.

China also plans to replace the Tai Bao Zheng booklets with a travel pass, but this proposal may face some opposition from Taiwan as the pass is similar to travel cards held by Macau and Hong Kong residents and may be seen as a move toward placing residents of Taiwan under the territorial jurisdiction of China.

BAL Analysis: The changes represent significant easing of travel requirements for cross-strait movement. However, a work permit is still required for employment and work activities.

This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.