The Ministry of the Interior has drafted an amendment to allow Chinese who have divorced from a Taiwanese spouse, but are denied custody of their children, to remain in Taiwan.
The proposed revision to the Act Governing the Residency or Permanent Residency of the People of the Mainland Area in Taiwan Through Family (大陸地區人民在臺灣地區依親居留長期居留或定居許可辦法) seeks to improve the rights of Chinese spouses married to Taiwanese, the ministry said on Friday.
Under existing law, Chinese on spousal visas are not permitted to stay in Taiwan after a divorce if they are denied custody of their children who are Republic of China (ROC) citizens.
Ministry officials said that if approved by the Executive Yuan and the legislature, the revision would allow divorced Chinese to remain in Taiwan even it they do not have custody of the children if they regularly care for them and where forced departure from Taiwan would be detrimental to the children’s well-being.
The amendment would bring the law in Taiwan more in line with the spirit of international human rights conventions, the ministry said.
The amendment also shortens from four years to two the time required before Chinese widows or widowers of Taiwanese can apply for permanent residency.
If the amendment becomes law, Chinese spouses would enjoy the same rights as those from other countries, the ministry said.
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