Ι. This Operational Directions are enacted to enforce the entry ban of foreign nationals in accordance with Article 18 of the Immigration Act (hereinafter referred to as “the Act”).
II. Any foreign national under one of the following conditions shall be banned from entry for a period prescribed below:
a For refusing to present his/her passport for inspection, the foreign national shall be banned from entry for three years;
b For holding an illegally obtained, counterfeited, or falsified passport or visa, the foreign national shall be banned from entry for ten years;
c For using another person’s passport or holding a passport obtained on false pretenses, the foreign national shall be banned from entry for ten years;
d For misrepresenting the purpose of the visit or withholding important information while applying for entry, the foreign national shall be banned from entry for one to three years;
e For possessing contraband, the foreign national shall be banned from entry for five years;
f For suffering from a contagious disease or other sickness that threatens the public health or social tranquility, the foreign national shall be banned from entry until the disease or sickness is fully cured;
g For suffering from a mental illness that threatens the public health or social tranquility, the foreign national shall be banned from entry for one year;
h For being deported due to having entered without undergoing inspection or having made temporary entry without obtaining permission, the foreign national shall be banned from entry for ten years;
i For being deported due to having engaged in activity inconsistent with the stated purpose provided in the application for the visit or residency, the foreign national shall be banned from entry for three to five years;
j For violating the social moral code, the foreign national shall be banned from entry for three to five years.
The period of the entry ban for all ten of the stipulations in the preceding paragraph is calculated beginning from the day following the denial of entry, or exit, of the foreign national.
However, for incidences stated in subparagraphs 2 to 4 of the preceding paragraph that occur abroad, the period of the ban shall be counted beginning from the day that the responsible authorities notify the National Immigration Agency of the Ministry of the Interior of the matter.
III. Any foreign national having a criminal record in Taiwan or a foreign country shall be banned from entry for a period prescribed below:
a Having been sentenced to imprisonment or having been given a heavier sentence due to having violated the Criminal Code, the foreign national shall be banned from entry for ten years from the day following exit;
b Having a criminal record in a foreign country, the foreign national shall be banned from entry for five years from the day following conviction; and if the sentence has a prison term, the length of the imprisonment shall be added to the entry ban.
IV. Any foreign national having overstayed his/her visit, residency, or having worked illegally, shall be banned from entry for a period prescribed below:
a Overstaying the visit or residency for under one year, the foreign national shall be banned from entry for one year; overstaying over one year, the foreign national shall be banned from entry for a period equal to the length of the overstay, but the entry ban shall not exceed three years;
b Working illegally, the foreign national shall be banned from entry for three years.
The period of the entry ban stated in the preceding paragraph is calculated from the day following the exit of the foreign national.
V. Any foreign national who poses a possible threat to the national interest, public safety, social order, or who is under suspicion of engaging in terrorist activity, shall be banned from entry starting from the day when the National Immigration Agency receives a written request from a related government agency, and the matter shall be referred to the Entry/Exit & Immigration Applications Review Committee for evaluation and further actions.
VI. Any foreign national overstaying his/her visit or residency under any of the following conditions may be exempted from the ban:
a Having overstayed the visit or residency for less than ninety-one days; however, entry through the visa-waiver or landing visa shall be disallowed for one year;
b Being under 18 years old;
c Studying as a student at a public school, or a private or international school registered and established in accordance with the law;
d Having married an ROC national with household registration in the Taiwan Area (hereinafter referred to as an R.O.C. citizen or R.O.C. citizenship) for over three years with whom the marriage has been registered in the Taiwan area (hereafter referred to as has the marriage registration);
e Being married with marriage registration to an ROC citizen, and also having a biological child born with the citizen;
f Having a special circumstance reviewed and recognized by the NIA to be extraordinary, where the ban imposed may cause possible major and irrevocable harm.
VII. The entry ban of any human trafficking victim imposed as a result of being subjected to human trafficking may be shortened or waived.
VIII. The time-period of the entry ban of anyone whose spouse or parent is an ROC citizen or a foreign national currently residing in the Taiwan Area holding an Alien Permanent Resident Certificate (hereafter referred to as a permanent resident) may be reduced by half, except for those who have committed a crime and have been given a sentence of 3 years or more.
IX. Any foreign national married with marriage registration to an ROC citizen , or, with relevant supporting document certifying the marriage to a permanent resident, who has been banned from entry due to overstaying his/her stay, residency, or working illegally, may apply for a waiver on entry ban if he/she meets one of the following conditions:
a His/Her Taiwanese spouse is suffering from a serious sickness;
b His wife has been pregnant for over 21 weeks;
c He/She has a biological child who is an ROC citizen born with the spouse;
d He/She was married before the entry ban and exited the country for one year;
e He/She was married within the period of the entry ban and was married for over one year;
f Following a divorce, he/she obtained the rights and obligations to take care of a biological minor child who is an ROC citizen ;
g Due to domestic violence, he/she has been granted a divorce by a court, and he/she has a biological minor child with ROC citizenship.
Anyone married with marriage registration to an ROC citizen working under the provisions stipulated in subparagraph 8 to 10 of paragraph 1, Article 46 of the Employment Service Act, who is subjected to an entry ban due to a continuous absence from work for three days with a loss of contact, and therefore engaging in activity inconsistent with the stated purpose of the visit or residency application, may apply for a wavier of the entry ban under one of the conditions stated in subparagraph 1 to 5 of the preceding paragraph.
Any foreign national overstaying his/her visit, residency, or working illegally, who has been married to a R.O.C. national without registered permanent residence and having a biological child who is an ROC citizen may apply for a entry ban exemption.
X. The application for a waiver of an entry ban pursuant to Item VIII, or subparagraphs 1 to 5 of paragraph 1, paragraph 2 or paragraph 3 of Item IX shall be filed by the spouse or relative of the foreign national with the National Immigration Agency with the following documents:
a A application letter;
b A copy of the foreign national’s passport;
c The spouse’s or direct relative’s Household Registration Transcript issued within the past one month or a copy of the Alien Permanent Resident Certificate;
d Other relevant supporting documents may include:
1. The application of a spouse suffering from a serious sickness shall be filed along with a medical certificate issued by a public hospital in Taiwan or a Disability Certificate;
2. The application for a spouse who is pregnant for over 21 weeks shall be filed with a medical certificate issued by a public hospital in Taiwan or abroad;
3. An applicant and his/her spouse who have a biological child with R.O.C. citizenship, must attach supporting documents related to the child.
Any document stated in the preceding paragraphs written in a foreign language shall be attached with a Chinese translation validated by the Ministry of Foreign Affairs and an overseas embassy, diplomatic office, representative office, or other Ministry of Foreign Affairs authorized organization (hereinafter referred to as foreign diplomatic mission), or notarized in Taiwan. Any document issued abroad shall be validated by a foreign diplomatic mission.
XI. The application for a waiver of an entry ban pursuant to subparagraphs 6 and 7, paragraph 1, Item IX shall be delivered to the National Immigration Agency with the following documents:
a A application letter;
b A copy of the foreign national’s passport;
c The court’s verdict;
d Documents attesting that the applicant has a biological minor child with ROC citizenship.
XII. Any foreign national having knowledge and experience in specialized technology recognized by the related central competent authorities to be highly needed in Taiwan or not easily cultivated in Taiwan in the short term, the foreign national and his/her spouse may apply for a waiver of an entry ban if it is imposed due to the foreign national’s having overstayed the visit or residency, or having worked illegally.
XIII. The application for a waiver of an entry ban pursuant to Item XII shall be delivered to the National Immigration Agency with the following documents:
a A application letter;
b The copy of the applicant’s passport;
c The permission letter 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 in a foreign language shall be attached with a Chinese translation authenticated by an ROC diplomatic mission or notarized in Taiwan. Any document issued abroad shall be authenticated by an overseas ROC office.
XIIII. Deportation cases may be reviewed by the Entry/Exit & Immigration Applications Review Committee; if a resolution is approved not to deport a person in a particular case, the subject shall be exempted from the ban.
XV. Item VIII may be applied to the resolutions approved by the Entry/Exit & Immigration Applications Review Committee regarding the entry ban cases.