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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.
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.
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.
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.
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:
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.
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.
The key provisions of the law are listed below.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
When traveling to Taiwan, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Taiwan, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Nationals of Canada, the United States, the European Union member states and many other countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Taiwan for a limited duration.
Foreign nationals who are not eligible for a visa waiver must obtain a Visitor Visa for Business Purposes from a Taipei Economic and Cultural Office, or an eVisa, prior to travel, as applicable depending on nationality. Please consult with your immigration counsel to determine your eligibility for a visa waiver, Visitor Visa or eVisa.
Special regulations apply to residents of Macau, Hong Kong and China for business travel and work activities. Please consult with an immigration professional for more information prior to travel.
The activities below, whether paid or unpaid, generally constitute work under Taiwanese law. This list is not exhaustive, and many other professional activities are considered work in Taiwan, even if conducted for a short duration.
In limited circumstances, foreign nationals may engage in certain short-term work activities without obtaining work authorization, although a performance or after-sales contract is required, and strict preconditions must be met. An individual assessment is required before deciding whether an exemption is applicable.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Taiwan. The most common forms of work authorization in Taiwan are:
Taiwan does not offer long-term work authorization exemptions.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
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.
BAL Analysis: Companies are encouraged to set up their account as soon as possible to avoid delays when the system launches in January.