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Residency law passes another test

The Legislative Yuan's Home and Nations Committee yesterday passed the first reading of an amendment to the Immigration Law that will reduce by over a third the number of days per year that foreigners must spend in Taiwan to become eligible for permanent residency.

The amendment, to Article 23 of the law, states that foreigners who have been in Taiwan for at least 183 days per year for seven consecutive years will be eligible to apply for permanent residency.

The amendment also states that foreigners who have spent 183 days per year in any 10 years within a period of 20 consecutive years prior to the date on which the amendment takes effect will also be eligible for permanent residency.

The Immigration Law currently requires residence in Taiwan for at least 270 days per year for seven consecutive years to be eligible for permanent residency.

The amendment would also reduce from eight in any 15-year period to five in any 10-year period the number of years that foreign spouses and children of Taiwan nationals must have lived in Taiwan before applying for permanent residency. The current requirement of 183-days' residence during those years would continue to apply.

The new amendment also requires the National Police Administration to form a special commission to screen applications from foreign experts in high technology or others who have made significant contributions to Taiwan to obtain permanent residency. It does not define the terms "high technology" or "significant contributions."

According to police statistics, currently some 2,800 foreigners who have been in Taiwan for at least 183 days for seven consecutive years would be eligible for permanent residency under the amendment.

Two foreigners who have campaigned for residence and citizenship in Taiwan, however, yesterday expressed their dissatisfaction with the amendment.

Richard Hartzell (何瑞元), an American activist for the rights of non-citizens of Taiwan, said that it would not benefit foreigners as much as many had expected it to.

"Under Article 31 of the Immigration Law, foreigners who have the Taiwan Alien Permanent Resident Certificate (APRC) are required to stay in Taiwan for at least 183 days every year in order to retain the certificate. Many foreigners have told me that they feel less free after they obtain the APRC," Hartzell said.

Hartzell emphasized that foreigners deserve the freedom to travel in and out of the country whenever they like after gaining permanent residency.

KMT legislator Apollo Chen (陳學聖), who has pushed for revising the law for years, however, said, "I think that requiring foreigners who receive permanent residency to stay in Taiwan for at least 183 days is reasonable."

Dan Jacobson, an American who has campaigned for Taiwanese citizenship for years, said that Taiwan should think about whether it wants foreigners to be seen as an integral feature of life in Taiwan.

"If Taiwan wants to be a well developed country, it should allow people with different skin-colors to be citizens," Jacobson said.
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