The Ministry of the Interior has proposed an amendment to rules for Chinese spouses of Taiwanese who want to live in Taiwan, requiring them to relinquish their Chinese passports, a source said yesterday.
The Regulations Governing Permits for People of the Mainland Area to Reside with Relatives, Reside Long-Term or Settle in the Taiwan Area (大陸地區人民在台灣地區依親居留長期居留或定居許可辦法) requires Chinese spouses to give up their household registration in China.
Under the draft amendment, Chinese nationals applying for permanent residency in Taiwan would also be required to submit a notarized certificate proving that they have not applied for, are not holding or have already relinquished their Chinese passport.
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“In practice, they would be required to submit proof of relinquishing their Chinese household registration and either turn in their Chinese passport or provide a sworn statement declaring they do not possess one,” they said. “Both conditions must be fulfilled, and one cannot substitute for the other.”
Article 9-1 of the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例) states that Taiwanese citizens are prohibited from holding a Chinese household registration or passport.
However, existing regulations for Chinese seeking to settle in Taiwan do not currently require them to give up their Chinese passports, the source said.
“Since the law already prohibits Taiwanese and those applying for residence in Taiwan from holding a Chinese passport, this amendment simply serves to reinforce that policy,” they said.
The amendment closes a loophole, since someone who has given up their household registration in China would no longer be able to apply for a Chinese passport, the source said.
Chinese spouses who seek permanent residency in Taiwan must still first obtain a long-term residency status, the source said.
Once details of the amendment have been finalized and approved, the new rules would be enforced by the Ministry of the Interior, they said.
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