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Regulations Governing Inspection Visits and Information Registration of Alien Residence or Permanent Residence

  • PostDate:2008-08-01 00:00
Article 1
     
These Regulations are enacted pursuant to Paragraph 3, Article 71 of the Immigration Act (hereinafter referred to as "the Act").
 
Article 2
     
For a non-citizen whose applying purpose is stay, residency, permanent residency, or permanent residency for naturalization through marriage or adoption, the National Immigration Agency (hereinafter referred to as “the Agency”) may dispatch personnel, if necessary, to the applicant’s registered residence in Taiwan for an inspection visit within 15 days after receiving such an application. The Agency, if necessary, is entitled to conduct additional visits before a final approval or disapproval of the applicant’s application is made.
 
Article 3
     
For a national without household registration, a non-citizen, a person from the mainland China area, or a resident of Hong Kong or Macau, who stays continuously over 3 months on his/her visitor visa or enters with a residency or permanent residency visa, officers from the Agency shall conduct an inspection visit and make a record of information collected from such visit within one month after the afore-mentioned person has stayed past the 3-month mark, obtained Alien Resident Certificate (ARC) or Alien Permanent Resident Certificate (APRC), registered his/her address of residency, or changed the his/her registered workplace.
Additional inspection visits may be conducted if or when needed, in addition to the visits specified in the previous paragraph.
 
Article 4
     
An inspection visit shall be conducted between the hours of 08:00 and 18:00. Under the following conditions, the visit may be extended to the hour of 22:00:
1. With approval from the subject of the inspection visit, a resident of the residence, or a representative of the subject.
2. A visit starts between 08:00 and 18:00; it may be extended upon the subject’s approval.
 
Article 5
     
The objectives for an inspection visit are to ascertain the following:
1. Verify the subject’s residence and living conditions.
2. Determine the subject’s family situation, and his/her conditions of physical and mental health.
3. Ascertain other facts which demonstrate the veracity of the concerned marriage or adoption.
 
The Agency shall immediately ask a subject to submit necessary documentation in accordance with the relevant provisions, or shall update registered information if any of the following circumstances are discovered during the visit:
1. Residency conditions inconsistent with what is indicated on the application.
2. Unusual changes in an applicant’s family situation, or in an applicant’s mental or physical health conditions.
3. Other legal matters.
 
Article 6  

The checklist for the information that an inspection officer shall record is as follows:
1. Expiry date of exit and entry permits, passport, Alien Resident Certificate or Alien Permanent Resident Certificate of a subject.
2. Matters concerning a foreign subject’s immigration status with respect to employment, birth, death, marriage, divorce and adoption.
3. Whether or not the activities engaged by a subject meet the said purpose of his/her stay or residency.
4. A subject’s change of residency.
5. Information concerning other matters relating to an inspection visit shall also be recorded.
The Agency shall immediately inform the subject to submit necessary documentation in accordance with the relevant provisions, or shall update registered information if any of the following circumstances are discovered during the inspection visit:
1. A subject is holding an expired exit and entry permit, passport, Alien Resident Certificate or Alien Permanent Resident Certificate.
2. A subject’s Residence information appears inconsistent with what is indicated on the application or is found to be fraudulent.
3. Whether or not the activities engaged by the subject meet the said purpose of his/her permitted stay or residency.
4. A subject did not report change of residency/workplace.
5. Other legal matters.
 
Article 7 
                 
If the subject of an inspection visit is found to be in violation of immigration regulations, then reporting, cancellation of his/her documentation, voluntary departure, deportation, or expulsion shall be ordered in accordance with relevant provisions.
 
Article 8  
    
The NIA staffs should dress in uniforms and carry appropriate identification badges when conducting inspection visits.
 
Article 9  
    
The documents and information which were recorded during inspection visit shall be properly stored and secured. 
 
 
Article 10   
          
The Ministry of the Interior determines the effective date of the Regulations.