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2017-09-26
Operational Directions for the Entry Ban on Foreign Nationals

Ι. The Operational Directions have been enacted to enforce Article 18 of the Immigration Act (hereinafter referred to as “the Act”) that bans the entry of aliens. 

II. Any alien who meets one of the following conditions shall be banned from entry for a period of time prescribed as follows:

a  Refusing to submit his passport for inspection, shall be subject to an entry ban for 3 years;

b  Holding an illegally obtained, counterfeited, or altered passport or visa, shall be subject to an entry ban for 10 years;

c  Using another person’s passport or holding a fraudulently claimed passport shall be subject to an entry ban for 10 years;

d  Having made any misrepresentation or concealed any important fact in connection with the purposes of application for entry shall be subject to an entry ban for 1 to 3 years;;

e Possessing contraband, shall be subject to an entry ban for 5 years;

f  Suffering from a contagious disease, mental illness, or other disease that could undermine public health or social tranquility, shall be subject to an entry ban until the day of recovery or when stabilization of the condition has been certified;

g  Being deported from Taiwan as a result of entry without customs inspection or temporary entry without permission, shall be subject to an entry ban for 10 years;

h   Being deported from Taiwan or ordered to leave Taiwan within a certain time limit as a result of engaging in activity inconsistent with the purpose of the application for the visit or residence, shall be subject to an entry ban for 3 to 5 years;

i   Engaging in conduct involving moral turpitude shall be subject to an entry ban for 3 to 5 years;

The period of a ban on entry under the preceding paragraph shall be calculated from the day following the day the alien is refused entry to Taiwan or exit from Taiwan. Nevertheless, when an event under subparagraphs (b) to (d) of the preceding paragraph occurs outside Taiwan, the period of ban on entry shall be calculated from the day the relevant authority ascertains to be the date of occurrence. In the event that the relevant authority is unable to ascertain the date of occurrence, the period shall be calculated from the time the relevant authority notifies the National Immigration Agency, Ministry of the Interior (hereinafter referred to as National Immigration Agency) of the event.

 III. Any alien having a criminal record in Taiwan shall be banned from entry for a period of time as prescribed below:

a.Having been sentenced by a court to imprisonment for 5 years or more shall be banned from entry for 8 years.

b.Having been sentenced by a court to imprisonment for 3 years or more but less than 5 years shall be banned from entry for 7 years.

c.Having been sentenced by a court to imprisonment for 1 year or more but less than 3 years shall be banned from entry for 6 years.

d.Having been sentenced by a court to imprisonment for less than 1 year shall be banned from entry for 5 years.

e.Having been sentenced by a court to fixed-term imprisonment or greater severity in combination with a probation order shall be banned from entry for 4 years.

f.Having been sentenced by a court to detention in prison or a criminal fine shall be banned from entry for 3 years.

g.Having been sentenced by a court to detention in prison or to a criminal fine in combination with a suspended sentence, or having received a court judgment to impose no punishment, shall be banned from entry for 2 years.

h.Having violated the Narcotics Hazards Control Act because of narcotic abuse and ruled by a court judgment to undergo observation or rehabilitation shall be banned from entry for 5 years. However, if having been deemed by the prosecutor to have no tendency toward continued narcotic abuse and has received a disposition not to prosecute, shall be banned from entry for 3 years.

i.Having received a disposition of deferred prosecution or not to prosecute by a prosecutor shall be banned from entry for 2 years. Nevertheless, if the provisions of Article 252 of the Code of Criminal Procedure are met, the alien will not be banned from entry.

If there is an adequate showing of facts that an alien to whom subparagraph (e), (f), (g), or (i) of the preceding paragraph applies has entered into a false marriage, the alien shall be banned from entry for 5 years.

The period of a ban on entry under the preceding two paragraphs shall be calculated from the day following the alien's exit from Taiwan. 

Entry of an alien who has a criminal record outside Taiwan shall be subject to paragraph 1 and paragraph 2, and the period of the ban on entry shall be calculated from the day the sentence is imposed.

 IV. Any alien, who has ever overstayed his/her visit, residency, or has ever worked illegally, shall be banned from entry for a period of time as prescribed below:

a  Overstaying the visit or residency for under one year, shall be subject to a ban from entry for one year; overstaying over one year shall be subject to a ban from entry for a period equal to the length of the overstay, but the entry ban shall not exceed three years;

b Working illegally, shall be subject to a ban from entry for three years.

   The period of the entry ban stated in the preceding paragraph starts from the day following the exit of the alien.

V. Any alien, who is suspected of posing a possible threat to the State’s national interest, public safety, public order, or participating in terrorist activity, shall be banned from entry for a time period prescribed as follows. The application for entry shall be referred to and reviewed by the Entry/Exit & Immigration Applications Review Committee under the Ministry of the Interior and whose decisions shall be executed accordingly.

  a. Being a member of a terrorist group or involved in terrorist activity, the subject shall be banned from entry permanently;

b.  Being a suspect in a major crime, and wanted or reported by the International Criminal Police Organization or other foreign governments, the subject shall be banned from entry for 10 years;

c.  Having been suspected of involving in human trafficking, the subject shall be banned from entry for 10 years. 

d. Having a criminal record of sexual exploitation, sexual assault, sexual obscenity, or has pedophilia, or has engaged in any sexual transaction with children or juveniles or sex tourism, shall be banned from entry for 10 years. Nevertheless, an alien will not be banned from entry for consensual sex or obscenity at 18 years of age or under.

e. Being a member of drug trafficking organizations, unlawful gambling ring, other cross-border criminal organizations, shall be banned from entry for 10 years.

f. Having engaged in forgery, alteration, or sale of passports or visas, the subject shall be banned from entry for 10 years.  

g. Having been suspected of involving in a minor criminal crime or an offense against the Social Order Maintenance Act and been deported, the subject shall be banned from entry for 2 years. 

h. A Person who might jeopardize the national interest, public safety or social order shall be banned from entry for 2 to 5 years. If the threat is serious, the period of entry ban is 10 years.

  An alien involved in a case referred to in subparagraphs (b), (c) or (g) of the preceding paragraph has been acquitted, or has received a disposition not to prosecute under Article 252 of the Code of Criminal Procedure, or has received a ruling of no penalty, the alien will not be banned from entry;

The period of the entry ban in paragraph 1 starts from the following day of the exit of the subject, but if the circumstances happened in the foreign country according to subparagraph (a) to (f) and (g) of paragraph 1, it starts from the date when the competent authority notifies the National Immigration Agency.

The Entry/Exit & Immigration Applications Review Committee will extend or shorten the period of the entry ban of the subject from 1 to 3 years according to the circumstances of the violation, times of the violation and the damage caused.

VI. Any alien who is forcibly deported or ordered to leave the State within a certain time limit according to the Immigration Act, is responsible for his/her own traveling expenses, necessary expenses (living expenses) of detention, and fines for his/her overstaying. For those failing to do so (the aforementioned fees are paid by the National Immigration Agency on behalf of the alien), the period of entry ban shall be extended for 3 years according to the period of entry ban set forth in the provisions of Articles II to V; an exemption for the extended entry ban is made for those who make reimbursements during the period of entry ban.

Any alien mentioned in the preceding paragraph who fails to make reimbursement during deportation may not apply to have the time period of his/her entry ban shortened, reduced by half, or waived on his/her entry in accordance with the provisions. An exemption of making reimbursements is made for those who are dependent members of low-income families in Taiwan.

Any aliens who is subject to an entry ban in accordance with the provisions of Articles II to V, may make the ban permanent, if he/she escapes from detention or deportation implemented by the National Immigration Agency.

VII. An alien who has committed several acts in breach of one and the same provision or several different provisions under the Operational Directions for the Entry Ban on Aliens shall be liable to separate penalties for each act committed. The accumulated period of entry ban shall not exceed 20 years. If the violation falls under subparagraph 1, paragraph 1, of the Article V and paragraph III of the Article VI, an exemption is made to the regulations.

An act constituting several offenses under the Operational Directions for the Entry Ban on Aliens, only the most severe punishment shall be imposed.

VIII. Any alien, who is banned from entry because of overstaying his/her visit or residence may be exempted from the ban, if he/she satisfies one of the following conditions:

a  Having overstayed the visit or residence for less than ninety-one days; however, such a person shall not be allowed to enter the state via the visa-waiver or landing visa program for one year;

b  Being under 18 years old;

c Being a student studying at a public or private school, an international school registered and established in accordance with the law;

d Having married an R.O.C. national with household registration in the Taiwan Area (hereinafter referred to as an R.O.C. citizen) for over three years and having the marriage registered in the Taiwan area (hereafter referred to as marriage registration);

e Being married to an R.O.C. citizen with marriage registration, and having a biological child with the citizen;

f Having been reviewed and recognized by the National Immigration Agency as having a special circumstance, in which an entry ban may cause major and irreversible damage.

IX. The ban on the entry of any human trafficking victim imposed as a result of being trafficked may be shortened or waived.

X. With respect to an alien who has violated a criminal law or regulation of Taiwan and has received a sentence of imprisonment for 6 months or less, detention in prison, a criminal fine, a judgment to impose no punishment, a suspended sentence, a disposition of deferred prosecution, or a disposition not to prosecute under provisions other than Article 252 of the Code of Criminal Procedure, if the alien is married to a Taiwan national with household registration and has registered the marriage, and has a biological child who was born to the alien and spouse and has household registration in Taiwan, the alien may be exempted from the ban on entry into Taiwan, or apply for exemption from the ban on entry.

   With respect to an alien who uses an illegally acquired, forged, or altered passport or visa, or who uses another person’s passport or a fraudulently claimed passport, if the alien is married to a Taiwan national with household registration and has registered the marriage, and has raised a biological child who was born to the alien and spouse and has household registration in Taiwan, the alien may apply for shortening the period of the ban on entry to 2 years..

An alien, whose spouse or parent is an R.O.C. citizen, a Taiwanese national without household registration who is legally residing in the Taiwan Area or an alien currently residing in the Taiwan Area with an Alien Permanent Resident Certificate (hereafter referred to as a permanent resident), may apply to have the duration on his/her entry ban reduced by half. This shall not apply to those who have been finally sentenced to imprisonment for 3 years or more.

If the imposition of a ban on entry of an alien under the Act will cause grave difficulty in living for the alien’s spouse, either parent, or biological child who has household registration in Taiwan, the alien may apply for exemption from the ban on entry.

XI. Any alien married to an R.O.C. citizen with marriage registration, to a legal national without household registration who is legally residing in the R.O.C. or to an alien who has permanent residency in the R.O.C. with a document that verifies such a marriage, may apply to waive the ban on his/her entry imposed due to overstaying his/her visit or residency, or working illegally if he/she meets one of the following conditions:

a  His/Her spouse is suffering from a serious illness in Taiwan;

b   His wife has been pregnant for over 21 weeks;

c  He/She and his/her spouse have a biological child who is an R.O.C. citizen with the spouse;

d  He/She was married before the entry ban is imposed and has left the country for one year;

e  He/She has been married during the entry ban and has been married for over one year.

Any alien who has been banned from entry due to overstaying his/her visit or residency, or working illegally may apply to waive a ban on his/her entry if he/she meets one of the following conditions:

a   He/She has obtained the rights or has assumed the obligations to his/her biological minor child who is an R.O.C. citizen ;

b  Due to domestic violence, he/she has been granted a divorce by an R.O.C. court, and he/she has a biological minor child with an R.O.C. citizen.

Any alien, who is married to an R.O.C. citizen with marriage registration and has been banned from entry due to holding a job stipulated in subparagraph 8-10 of paragraph 1 of Article 46 of the Employment Service Act, having been absent from work and out of touch for 3 consecutive days and having engaged in activity inconsistent with the purposed of his/her visit or residency, may apply to have such a ban waived if he/she meets one of the conditions set forth in subparagraphs 1-5 of paragraph 1.

XII. Any alien, who has applied to have his/her ban of entry cut by half or to be exempted from the ban of entry in accordance with Article X or paragraphs (a) or (c) of Article XI, shall get the following documents in order and submit the application to the National Immigration Agency through his/her spouse or relatives in the Taiwan area.:

a  A completed form;

b  A copy of the alien’s passport;

c  A copy of the Alien Permanent Resident Certificate, Resident Certificate in the Taiwan Area, R.O.C. passport, household registry, or Identification Card of the applicant’s spouse or parent in the Taiwan area;

d  Other relevant supporting documents may include:

1. If application is based on the ground that applicant’s spouse is severely ill, a critical condition notice or severe disability certificate issued by a hospital certified by the relevant central health authorities shall be along with the application.

2.  If the application is based on the ground that the applicant’s spouse has been pregnant for over 21 weeks,  a medical certificate issued by the hospitals certified by the relevant central health authorities, foreign public hospitals or foreign hospitals that specialize in medical check-ups of foreign workers and recognized by the relevant health authorities.

      3.  If the application is based on the ground that the applicant is married to an R.O.C. citizen with marriage registration and has a biological child born with his/her spouse, a copy of the child’s birth certificate or the Taiwanese passport must be presented along with the application. If the child was born out of the wedlock, the original report on the DNA test for their blood relation must be presented along with the application.

4. If the application is based on the ground that the applicant and his/her spouse have a biological child with an R.O.C. citizen, documents that prove their relationship must be presented along with the application.

5.If the application is based on the ground that the applicant’s spouse or parent is a national without household registration or a permanent resident who is legally residing in Taiwan, a copy of the documents that prove their kinship or marriage must be presented along with the application.

6.  If the application filed on the grounds that the imposition of a ban on entry of the alien will cause grave difficulty in living for the alien’s spouse, either parent, or biological child who has household registration in Taiwan, the applicant shall also submit documentation supporting this claim.

Any document stated in the preceding paragraphs and written in a foreign language shall be accompanied by a Chinese translation authenticated by the Ministry of Foreign Affairs or an R.O.C. embassy, diplomatic office, representative office, or other organization authorized by the Ministry of Foreign Affairs (hereinafter referred to as a foreign diplomatic mission), or notarized by a domestic notary public in Taiwan. If produced abroad, the document must be authenticated by a foreign diplomatic mission.

 XIII. Any alien, who applies for an exemption from an entry ban pursuant to subparagraphs 2, Article XI, shall submit the following documents to the National Immigration Agency:

a  A completed application form;

b  A copy of the applicant’s passport;

c  The court’s verdict or the documents that prove the applicant has obtained the rights or has assumed the obligations to his/her biological minor child;

d  Documents attesting that the applicant has a biological minor child with R.O.C. citizenship. 

XIV. For the purposes of answering a summon issued by a judicial authority in a criminal case or serving a final and unappealable sentence, an alien who has been banned from entry may be permitted temporary entry to conduct litigation or serve the sentence in Taiwan after the National Immigration Agency has been notified of the matter. The duration of temporary entry shall be excluded from the calculation of the period of ban on entry.  .

XV. Any alien or his/her foreign spouse, who has been banned from entry for overstaying his/her visit or residency or working illegally, may apply to be exempted from the ban if he/she has specialized skills  that are recognized by the relevant central competent authorities to be highly needed or difficult to be quickly cultivated in Taiwan.

XVI. Any alien, who applies for an exemption from an entry ban pursuant to article XV, shall submit the following documents to the National Immigration Agency:

a  A completed application form;

b  A copy of the applicant’s passport;

c  Certificated documents issued by the related central competent authorities;

d  Documents attesting to the marriage, if the applicant is a foreign spouse.

 Any document stated in the preceding paragraph and written in a foreign language shall be accompanied by a Chinese translation authenticated by an R.O.C. diplomatic mission or notarized by a notary public in Taiwan. Any document produced abroad shall be authenticated by a R.O.C. diplomatic mission.

XVII. Any alien, who has been subject to a deportation which has been cancelled by the Review Committee for forcible deportation cases in its resolution, shall be exempted from an entry ban.

XVIII. An entry ban with a definite time frame, which has been sanctioned by the Entry/Exit & Immigration Applications Review Committee in accordance with its resolution, shall be implemented pursuant to Article X.

 


 
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