Opportunity or Dilemma: Work APRC vs. Marriage APRC

An image of the painting Resident Alien (a fake ID card) by the Chinese-American aritst Hung Liu
Resident Alien by Chinese-American artist Hung Liu.

A couple weeks ago I was discussing work visa and Alien Permanent Resident Certificate (APRC) status with a friend and, as is so often the case, I learned some surprising things by listening to another foreigner’s uniquely Taiwan experience. I’ll relate the basics of that discussion and its enlightening points here, along with some notes worth considering if/when you find yourself in a situation where you might have the option to choose between family and regular APRC acquisition. As ever, I’m not an expert on the confounding and labyrinthine ways of governmental processes, paperwork, and residency, so if I’ve made errors here, please do drop me a line or comment and I’ll do my best to get it right.

First, the housekeeping for this topic. As you may know, there are (at least?) three ways to obtain an APRC in Taiwan. Here’s a quick, general breakdown of each:

  1. The Foreign Professional APRC – Foreigners can apply for this permanent residency visa after living and working on a continuous ARC (changing companies is allowed) for five consecutive years, spending at least 183 days per year in Taiwan and earning at least double the Taiwan minimum wage over the course of the year. One unique benefit of this APRC is that the holder needs to only spend one day every five years in Taiwan to maintain it.
  2. The Family-based APRC – As the spouse or child of a native Taiwanese citizen, one must reside in Taiwan for five consecutive years while registered for the Joint Family Residence Visa (JFRV) for over 183 days per year, or reside in Taiwan for 10 consecutive years for over 183 days in at least five of those years.
  3. APRC Plum Blossom Program – This program is aimed at uniquely qualified, skilled professionals. For those deemed worthy, there are no minimum residency requirements, no income requirements, and no filing fees. (For the purpose of this article, this will be the only mention of the Plum Blossom APRC. Sidebar: I’ve never met anyone who’s been granted this kind of APRC.)

The Discussion

This summer I will reach the fourth of the required five consecutive years to become eligible to apply for the regular APRC. As fortune would have it, I’m engaged to be married to a (smart, beautiful, loving) Taiwanese (Hi, honey!). In the course of the discussion mentioned above, my friend pointed out that this raises something of a unique opportunity with respect to my eventual permanent residency. I have the option to continue my current work path or to switch my residency path by filing for a JFRV when I sign marriage paperwork with my fiancée.

The Benefits

A number of considerable benefits are available to APRC holders that are not available to ARC holders. Here are a few worth noting:

  1. Open work permit – Any company can hire you without having to pay for your work permit and you can legally hold more than one job. This allows for great flexibility and more control over your work situations.
  2. No more 2 years’ experience – With an APRC, a company in any industry can hire you with or without the required two years of relevant industry experience required for ARC holders. You do have to file an exemption for this one, the application is here.
  3. You don’t have to have a job – Your visa allows you to stay in Taiwan as long as you’d like, with or without a job.
  4. Less annual renewals – No expiring ARCs to maintain and pay for, no mandatory health checks.

The Opportunities

Bringing this back to my current situation, there are a couple of possible benefits, depending on which way I decide to go with my paperwork. Should I simply continue working in Taiwan without breaking my current ARC, I’ll achieve APRC eligibility in the summer of 2020. If I go this route, I’ll always control my own destiny, so to speak, as my APRC and open work permit will always be assigned directly to me. Alternately, I could change course and elect to file for a JFRV after signing marriage paperwork with my partner. On the upside, switching to a JFRV immediately qualifies me for an open work permit. This can be helpful in certain job seeking situations as some companies are unable to file for ARCs, some have reached their limit for ARCs, and some are simply more inclined to hire candidates that require less fees and paperwork.

The Risks

Staying the course and obtaining my APRC via my working status comes with virtually no risk as long as I don’t break my ARC between now and my five-year benchmark achievement. However, should I elect to file for a JFRV and switch my residency path to become reliant on my partner, two very important things happen. First, my APRC clock resets to zero. One common misconception in Taiwan is that getting married essentially gets you an APRC, and that’s not true. If your residency is family-based, then you still have a five-year waiting period to achieve permanent residency. The second important thing that would happen if I file for a JFRV is that my residency becomes dependent on my partner. This is relevant because…shit happens.

The reason that the conversation I had with my friend held a good bit of intrigue was not limited to the decision-making position that I learned I’m in at the moment. It was made doubly interesting by the fact that, as an artist, he had found it beneficial to utilize the JFRV to create the freedom to not rely on a visa from an employer. This allowed him to forego having a day job when he wanted so that he could focus on his art, so he willingly traded more than three years of working ARC status for an immediate open work visa. But – and I guess this is the real cautionary tale of this post – unfortunately his relationship didn’t last and he found himself divorced and is now back at zero on his residency clock.

The Decision is Yours

In the end, we all get to choose our own adventure with respect to our APRC eligibility. Despite the unfortunate outcome in my friend’s case, he had a perfectly legitimate reason to want to achieve an open work permit as soon as possible. Surely, there are others who’ve made such a decision and had it work out for them. But my friend’s advice to me – and anyone with a few years toward APRC status in the bank and an upcoming wedding – was to complete the APRC based on the work time I’ve already earned and thereby control my own residency in Taiwan.

Join the Conversation

18 Comments

  1. Sadly, this article seems to have missed the biggest consideration when deciding to go for the work APRC (Foreign Professional APRC) and the JFRV and eventual APRC. These two APRCs are different. The JFRV leads to a standard APRC. The work ARC leads to the Foreign Professional APRC. The Foreign Professional APRC has more benefits than the standard one. For example, with the Foreign Professional APRC you are only required to stay in Taiwan for 1 day every 5 years to maintain the APRC. With the standard one you have to stay in Taiwan 183 days of each year (with the option of applying for a 2 year leave of absence) to maintain the APRC. The Foreign Professional APRC also allows a person to be enrolled in the National Pention plan where the standard APRC does not.

    1. Don’t be sad, Julian, I said at the outset that I’m not yet an expert on this subject. However, I can’t seem to find this info online regarding the Foreign Professional APRC that requires just one day in Taiwan every five years. Do you have a link to any official sites featuring this information, by chance? I’m seeing it in some forums, but not sure what to believe. Example:

      https://tw.forumosa.com/t/work-arc-to-aprc-better-than-jfrv-to-aprc/169796

  2. The change was made last year. There was a big set of rules changed in February. This article talks about the big changes. There is is a link at the end to all the rules. The 1 day in 5 year rule is in that list of rules.

    http://bit.ly/2EftWUi

  3. Thank you for this interesting article and the comments. 🙂 I would definitely go for the Foreign Professional ARPC, because it gives me more benefits than JFRV. I’m not in Taiwan yet and also not married yet but I plan to come to Taiwan next year to find a job and then stay there forever and ask my Taiwanese girlfriend to marry me after I have lived in Taiwan for one year and when I have a stable life and work situation in Taiwan. 🙂

  4. Hi there! I have come across some info. regarding how many days need to be remain in Taiwan for who holding APRC. I’m actually a bit confuse about it…somehow there is only 2 type of APRC I found on the national immigration web, one is the regular one, one is the plum blossom. However the plum blossom one speaks about professionals! So here is what I found….
    https://www.immigration.gov.tw/5475/5478/141465/141808/147308/
    scroll down to the 5.(1) where says…”the applicant is not subject to the requirement that he/she shall have resided in Taiwan for at least 183 days annually.”
    Is that means if you got a professnals APRC is then a plum blossom card? and the time you stay in Taiwan is no longer a concern?

    1. Good question(s), Sandy. You can see why there’s so much confusion on this topic. The link you shared is entirely about the Plum Blossom Card, so in your quote (5.[1]) above, I believe with this information it only applies to those who acquire this special Plum Blossom designation. Judging by what I’ve read elsewhere, many claim that there is also a Foreign Professional APRC that *can grant the holder this freedom from the 183 days stipulation.

  5. Is it possible to get a JFRV (aka: APRC via Marriage) while not residing in Taiwan for the consecutive 183 days?

    My wife and I right now live/work in the US.. but we have a life in Taiwan (purchased 2 properties, 1 of which is our own home.. one we purchased for more investment and later selling the current and relocating to the new one) and are back and forth for a cumulative annual amount of about 90-120 days per year… but its not a consecutive period. We are trying to make sure that are “set” and have our visa’s in order so we can move/relocate to Taiwan, whenever we want without needing to do this during unfavorable times. But most things I read keep showing the 183 consecutive day requirements. (how is that tracked/counted).

    1. That’s a special case and we haven’t gotten that question before… It may depend on whether you’ve signed marriage papers in Taiwan as a starting point. If you haven’t, probably do that first and inquire at that time. Good luck! And feel free to share what you find out if you go through this process!

  6. Is there a way to have a normal APRC that one waited 5 years for by being a working professional, AND get married so that I can have the best APRC that allows “stay in Taiwan for 1 day every 5 years to maintain the APRC” and be legally married here too?

    1. If you get an APRC from 5 years of professional work, you should have the “stay in Taiwan for 1 day every 5 years to maintain the APRC”. When you get married, you don’t have to change anything about this. At this stage you have an open work permit from your permanent resident status, so I don’t think it matters whether you register for the Joint Family Resident Visa.

  7. I just asked inmigration through my company HR, my gf, a friend working for the Government and callig myself, and they all said Professional APRC holders still gotta stay in Taiwan at least 183 days per year. That the weaver is only for Golden Visa Holders and that the law referred in this article is still not enforced.

    I also couldn’t find anything at the NIAs website regardig this, only in the English version says that the 183 days rule doesn’t apply to professionals holdig APRC, but there’s nothing like that on the Chinese version.

    I counted on this 5 years grace period for my plans but I can’t find a way to confirm it and everything points on the opposite direction.

    1. Those are troublesome findings, Samuel. We wish we could say that what you’re learning is surprising or that we can prove otherwise. However, it’s so often unclear whether a law or stipulation interpreted by one office will be acted on the same by another office. Perhaps another reader can chime in here to share more insights.

    2. So, what’s the conclusion here?

      Can I just get an APRC from working for 5 years in a row, and then NOT need to stay in Taiwan for 183 days per year after that because of the “stay in Taiwan for 1 day every 5 years to maintain the APRC” finding?

      1. The conclusion here is that – sadly, like so many other topics surrounding visas and residency – the answer to the question remains unclear. We’ll ask a couple of professionals and see what we can find. To Samuel’s point, it’s not uncommon for Taiwan government orgs to lag behind actual policy. We shall see.

  8. Hi, does anyone know if you can get a marriage APRC if you are both foreigners (American). The case I’m thinking of is if you one you lived in Taiwan longer (husband 4 years vs. wife 2 years) and is eligible to get the APRC first, can the spouse also get a marriage APRC? Or will they (wife) need to stay on their own ARC until they, too, reach the 5 years to get the APRC? Thanks!

    1. Good question. Our understanding of the law had been that the marriage visa is a benefit offered to a foreigner specifically when they marry a Taiwanese. As far as we know, this benefit doesn’t extend to a foreign-foreign couple. But if you end up finding out otherwise, please do come back and share it with us!

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