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Draft rules aim to bring in expertise
IMMIGRATION LAW:
Proposed legal changes by the Executive Yuan would make it easier for foreign professionals to obtain permanent-residency status
By Ko Shu-ling
STAFF REPORTER
Wednesday, Oct 22, 2003, Page 1
Foreigners, with the exception of Chinese nationals, with professional specialties in areas other than high-technology will be eligible to apply for permanent-residency status under a speeded-up system, according to the Cabinet's draft amendments to the Immigration Law (入出國及移民法).
Foreigners make a special contribution to the nation, are high-technology specialists, or have resided in the country for at least 183 days each year for seven consecutive years are already eligible to apply for permanent-residency status, but the changes would open up eligibility.
According to a Cabinet official who asked not to be named, the relaxed rules on permanent residency are aimed at luring more professional talent to the nation, which is struggling to move from a labor-intensive economy to a knowledge-based one.
Sociologists wanted
"The so-called `specialty areas' include politics, sociology, economics, culture and law, in addition to high-technology," the official said.
Qualified in these areas would be granted a six-month to three-year permit. Those who have lawfully stayed in the country for two consecutive years and at least 270 days in one of the two years would be eligible to apply for permanent-residency status.
Also eligible are those have lawfully stayed in the nation for five consecutive years and at least 183 days each year.
The draft would allow foreigners in custody for immigration reasons to use their detention time toward their jail sentences should they be convicted of a crime.
"In other words, if the person was detained for a day, the time could be transferred to a day's jail sentence if the person is a convicted criminal or later convicted of a crime," the official said.
Currently, foreigners who are ordered to leave the country but have not yet completed the exit process have to be put in custody. Those who illegally enter the country or overstay their visas must also be put in custody as well as those wanted by a foreign government. The new rules also apply to those the government deems necessary to be put in temporary custody.
The detention period, however, cannot exceed 15 days and can be extended for another 15 days.
Investors
In addition, foreigners who invest a certain amount of money in Taiwan would be eligible for permanent-residency status. No annual quota would be set for investment-related immigration.
Taking rights into consideration, the draft would also adopt a more lenient approach toward foreigners who fail to carry their picture identification. The draft stipulates that only those refusing to show their identification would be punished.
Identification
Currently, foreigners who fail to show their visa or Alien Residence Certificate to authorities are subject to a fine of between NT$2,000 and NT$10,000.
In addition, the draft would require applicants for short- and medium-term stays and permanent residency status to go through personal interviews before being granted the permits. A review committee would be established under the law to handle the interview process.
Short-term are defined as stays of less than six months, while medium-term stays are defined as stays of six months to three years.
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