After a hiatus of nearly two years, the legislature is set to resume its review of several draft amendments to the Nationality Act (國籍法) today, amid calls from immigration reform advocates to end discriminatory measures against foreign spouses.
Among the proposed reforms are relaxed regulations for foreign spouses in applying for Republic of China (ROC) citizenship.
Although the Executive Yuan proposed a draft amendment to the Nationality Act in 2012, critics say the government version fails to address many key issues on immigration reform, and have since put forward several alternative draft amendments.
Photo: Chien Jung-fong, Taipei Times
A coalition of activist groups representing the interests of foreign spouses yesterday gathered outside the Legislative Yuan, demanding the government relax the nation’s regulations on naturalization, which they see as “a violation of human rights.”
Currently, foreigners who wish to apply for naturalization in Taiwan are required to renounce their original nationality first, with no assurance that they will subsequently obtain ROC citizenship.
The measure has resulted in many foreign spouses becoming stateless after being refused citizenship, leaving them stranded in Taiwan and legally unable to work.
Democratic Progressive Party (DPP) Legislator Yu Mei-nu (尤美女), who proposed one of the draft amendments, blasted Article 3 of the Nationality Act, which requires naturalization applicants to demonstrate that they “behave decently” and have “no criminal record.”
“The last time the committee reviewed the Nationality Act, a ruckus was caused over the phrase ‘behave decently,’ which I consider to be far too abstract,” Yu said. “As for the part about having no criminal record, we all know that in today’s society, people get sued for things such as slander easily.”
The activists cited a case in which a foreign spouse from Vietnam became stateless after failing to obtain citizenship due to a legal case over a car accident.
Even for those who have successfully obtained citizenship, current regulations allow for authorities to revoke an applicant’s citizenship within five years of naturalization, on the grounds of a divorce or criminal activities.
“Five years is much too long and tedious — we demand the period be shortened to two years” said Chen Mei-yi (陳玫儀), a member of the Awakening Foundation, a women’s rights group. “The wording of ‘decent behavior’ is far too abstract and allows legal personnel too much room for personal interpretation.”
One version of the draft amendment, submitted by DPP Legislator Lin Shu-fen (林淑芬), proposes to allow foreign spouses to retain their original citizenship after applying for ROC citizenship, which would effectively allow for dual citizenship through naturalization.
The issue of statelessness can be avoided altogether if the government allows for foreign spouses to retain their original citizenship, the groups said.
According to Ministry of the Interior statistics, as of last year, more than half of foreign spouses come from China, with significant populations from Southeast Asian countries.
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