I. The Disposal Directions have been enacted to enforce Article 24 of the Immigration Act (hereinafter referred to as “the Act”) to deny Applications of aliens for residence or modification of reasons for residence.
II. An alien who is suspected of posing a possible threat to the State’s national interests, public safety, public order, or participating in terrorist activity applies for residence or modifies the reason for residence, his/her application should be denied for a time period prescribed as follows. The application shall be submitted 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 activities, the subject shall be denied 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 denied for 10 years.
C. Having been suspected of involvement in human trafficking, the subject shall be denied for 10 years.
D. Having a criminal record of sexual exploitation, sexual assault, sexual obscenity, or has pedophilia, or has engaged in any sexual transactions with children or juveniles or sex tourism, the subject shall be denied for 10 years. Nevertheless, the subject will not be denied for consensual sex or obscenity under the age of 18.
E. Being a member of drug trafficking organizations, unlawful gambling ring, other cross-border criminal organizations, the subject shall be denied for 10 years.
F. Having engaged in forgery, alteration, or sale of passports or visas, the subject shall be denied for 10 years.
G. Having been suspected of involvement in a minor crime or an offense against the Social Order Maintenance Act and been deported, the subject shall be denied for 2 years.
H. The subject who might jeopardize the national interests, public safety or public order shall be denied for 2 to 5 years. If the threat is serious, the subject shall be denied for 10 years.
An alien who is involved in a case as referred to in subparagraphs (B), (C) or (G) of the preceding paragraph has been acquitted, has received a disposition not to prosecute under Article 252 of the Code of Criminal Procedure, or has received a ruling of no penalty will not be denied.
The period of denial under paragraph 1 commences from the day following the exit of the subject. Nevertheless, if the circumstances listed in subparagraphs (A) to (F) and (H) of paragraph 1 occurred outside Taiwan, the period of denial shall commence 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 denial of the subject from 1 to 3 years according to the circumstances of the violation, times of the violation and the damage caused.
III. An alien who has had a criminal record in Taiwan applies for residence or modifies the reason for residence, his/her application should be denied for a time period prescribed as follows:
A. Having been sentenced by a court to imprisonment for 5 years or more, the subject shall be denied for 8 years.
B. Having been sentenced by a court to imprisonment for 3 years or more but less than 5 years, the subject shall be denied for 7 years.
C. Having been sentenced by a court to imprisonment for 1 year or more but less than 3 years, the subject shall be denied for 6 years.
D. Having been sentenced by a court to imprisonment for less than 1 year, the subject shall be denied for 5 years.
E. Having been sentenced by a court to fixed-term imprisonment or greater severity in combination with a probation sentence, the subject shall be denied for 4 years.
F. Having been sentenced by a court to detention in prison or a criminal fine, the subject shall be denied for 3 years.
G. Having been sentenced by a court to detention in prison or to a criminal fine in combination with a probation sentence, or having received a court judgment to impose no punishment, the subject shall be denied for 2 years.
H. Having violated the Narcotics Hazard Prevention Act because of narcotics abuse and ruled by a court judgment to undergo observation or rehabilitation, the subject shall be denied for 5 years. However, if having been deemed by the prosecutor to have no tendency toward continued narcotics abuse and has received a disposition not to prosecute, the subject shall be denied for 3 years.
I. Having received a deferred prosecution or a decision not to prosecute under Article 253 and Article 254 of the Code of Criminal Procedure by a prosecutor, the subject shall be denied for 2 years.
If there is sufficient evidence that an alien to whom subparagraphs (E), (F), (G), or (I) of the preceding paragraph applies has entered into a false marriage, he/she shall be denied for 5 years.
The period of denial under the preceding two paragraphs commences from the day following the exit of the subject.
An alien who has had a criminal record outside Taiwan shall be subject to paragraph 1 and paragraph 2, and the period of denial commences from the day the sentence is imposed.
If the spouse or minor children of an alien subject as described in subparagraphs (D) to (I) of paragraph 1 are nationals with registered permanent residence in the Taiwan Area(hereinafter referred to as nationals with household registration), he/she will not be denied.
IV. An alien who meets one of the following circumstances applies for residence or modifies the reason for residence, his/her application should be denied for a time period prescribed as follows:
A. Having entered the country illegally, the subject shall be denied for 10 years, commencing from the day following the exit of the subject.
B. Having applied with fraudulent identities or illegally obtained, forged, altered, or falsified documents, the subject shall be denied for 10 years, commencing from the day following the exit of the subject.
C. Having assisted others to enter or leave the country illegally or provided identity documents to others to enter or leave the country illegally, the subject shall be denied for 5 years, commencing from the day following the denial of application.
D. If it is adequately proven that the marriage or adoption is fraudulent for the purpose of conspiracy, the subject shall be denied for 5 years commencing, from the day following the exit of the subject.
E. Having constituted a violation of moral code, the subject shall be denied for 3 years, commencing from the day following the exit of the subject; the subject who constituted another violation of moral code shall be denied for 5 years, commencing from the day following the exit of the subject.
F. Refusing to appear for an immigration interview without proper reason after a lawful notice, the subject shall be denied for 2 years, commencing from the day following the denial of application.
G. Having circumvented, obstructed or refused to accept inspection under Article 70 of the Act without proper reason, the subject shall be denied for 2 years, commencing from the day following the denial of application.
An alien who has been married to a national with household registration for 4 years or more and completed the marriage registration in Taiwan falls under any of the circumstances listed in subparagraphs (A) to (B) of the preceding paragraph, he/she will not be denied.
An alien who has been married to a national with household registration for 2 years or more and completed the marriage registration in Taiwan falls under any of the circumstances listed in subparagraphs (C) to (G) of the first paragraph, he/she will not be denied.
V. An alien who has overstayed a visit or the period of residence, or engaged in activities or employment in the Taiwan Area that is different from the purpose of his/her visit or residence applies for residence or modifies the reason for residence, his/her application should be denied for a time period prescribed as follows which commences from the day following the exit of the subject:
A. Having overstayed a visit or the period of residence for under one year, the subject shall be denied for one year; if overstayed over 1 year, the subject shall be denied for a period equal to the length of the overstay, but the period shall not exceed 3 years.
B. Having engaged in activities or employment in the Taiwan Area that is different from the purpose of his/her visit or residence, the subject shall be denied for 3 years.
VI. In case an alien’s several acts violated the same provision or different provisions of the Period Denying Applications of Aliens for Residence or Modification of Reasons for Residence, the punishment for each offense shall be pronounced separately and executed cumulatively. The total period of denial shall not exceed 20 years. However, if the violation falls under the circumstance listed in subparagraph (A), paragraph 1 of Article II, an exemption is granted from the regulations.
An act violated several provisions of the Period Denying Applications of Aliens for Residence or Modification of Reasons for Residence, only the most severe punishment shall be imposed.
VII. If an alien who has overstayed a visit or the period of residence satisfies one of the following conditions, his/her application for residence or modification of reasons for residence will not be denied:
A. Having overstayed a visit or the period of residence for under 91 days.
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.
VIII. An alien whose spouse is a national with registered permanent residence, a national who is permitted to reside in the Taiwan Area, or an alien who is permitted to permanently reside in the area, and has overstayed a visit or the period of residence, or engaged in activities or employment in the Taiwan Area that is different from the purpose of his/her visit or residence, his/her application for residence or modification of reasons for residence will not be denied if he/she satisfies one of the following conditions:
A. The subject's spouse is suffering from a serious illness in Taiwan.
B. The subject's spouse has been pregnant for over 21 weeks.
C. Having raised a child with his/her spouse.
D. Having married to a national with household registration for 1 year or more and completed the marriage registration in Taiwan.
IX. If an alien who falls under any of the circumstances listed in Paragraph 1 of Article IV, has overstayed a visit or the period of residence, or has engaged in activities or employment in the Taiwan Area that is different from the purpose of his/her visit or residence satisfies one of the following conditions, his/her application for residence or modification of reasons for residence will not be denied:
A. Having the fact of raising, obtained the rights, or assumed the obligations to his/her minor child who is a national with household registration.
B. Having been granted a divorce by a court in Taiwan due to suffering from domestic violence, and having a minor child with household registration in the Taiwan Area.
X. If an alien whose spouse or parent is a national with registered permanent residence, a national who is permitted to reside in the Taiwan Area, or an alien who is permitted to permanently reside in the area meets any circumstances that his/her application for residence or modifies the reason for residence should be denied for a time period, the period denying applications reduced by half. However, if an alien has been punished with imprisonment for 3 years or greater, the period denying applications should not be reduced.
If an alien's denial of residence or modification of reasons for residence would cause extreme hardship in living to their spouses, parents, or children with household registration in the Taiwan Area, his/her application will not be denied.
XI. If an alien falls under any of the circumstances listed in Paragraph 1 of Article III, Paragraph 1 of Article IV, or Article V, and shall not be banned from entry, his/her period of entry ban expires, or be exempted from an entry ban due to the same incident by the National Immigration Agency in accordance with the Operational Directions for the Entry Ban on Foreign Nationals, his/her application for residence or modification of reasons for residence will not be denied.