How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?
A spouse, minor child, or adult child unable to care for themself may apply at the NIA service station for permanent residence after the principal ordinary foreign professional receives permanent residence and the family member has five years of continuous lawful residence averaging at least 183 days per year, no bad conduct/criminal record, and meets the national-interest condition. For a separately qualified foreign specialist professional, Article 19 states three-year or one-year dependent paths tied to the principal’s specified Article 18 route. The NIA guideline excludes residence for school, specified Immigration Act statuses, Employment Service Act Article 46(1)(8)–(10) work, and residence as dependents of persons in those excluded groups from the qualifying clock. Application must be made within two years after the qualifying residence period ends. Once NIA-approved for permanent residence, qualifying family members do not need a work permit under Article 7. Their permanent residence is withdrawn/revoked with the principal’s on the specified Immigration Act grounds, and NIA may revoke it after five years or more away without re-entry. The NIA English guideline broadly describes a three-year path for family of professionals in specialised work, while Article 19 distinguishes ordinary and specialist professionals; that wording is not fully reconciled for an ordinary-route applicant.
See recorded sources
Limits of the record- The NIA English guideline point 3(7) uses a broad three-year “specialized works” family description; its exact population relative to the Act’s ordinary five-year and specialist three/one-year branches remains unresolved.
- The cited sources do not state a fixed card validity or a general independent status after withdrawal of the principal’s permanent residence.
- https://www.immigration.gov.tw/5475/5478/141465/141808/411648/cp_news — NIA permanent residence service-station procedure
2. Application Procedure: Apply at the service station of the National Immigration Agency (hereinafter referred to as "the NIA") located in the place of residence.
- https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=A0030295 — Foreign Professionals Act Art19 ordinary/specialist family paths and derivative loss
Article 19
After a foreign professional who engages in professional work in the State has been approved for permanent residency by the NIA, their spouse, minor children, or children having reached the age of majority or above who lack self-care ability due to physical or mental disability, having legally and continuously resided in the State for five years, and resided for an average of 183 days or more each year, may apply to the NIA for permanent residency if they meet the following requirements:
1. Having no bad conduct, and no criminal records as certified by the Police Clearance Certificate.
2. Having met the national interests of the State.
After a foreign specialist professional has been approved for permanent residency by the NIA, their spouse, minor children, or children having reached the age of majority or above who lack self-care ability due to physical or mental disability, who meets the requirements set out in each subparagraph of the preceding paragraph and who meets one of the circumstances listed below, may apply to the NIA for permanent residency:
1. As a dependent of a person approved for permanent residency under subparagraph 1, paragraph 3 of Article 18: having legally and continuously resided in the State for three years, residing for an average of 183 days or more each year.
2. As a dependent of a person approved for permanent residency under subparagraph 2, paragraph 3 of Article 18: having legally resided in the State for one year, residing for 183 days or more.
Where the permanent residence permit of a foreign professional or foreign specialist professional as referred to in the preceding two paragraphs is withdrawn or revoked in accordance with subparagraphs 1 to 3 and 8 of Article 33 of the Immigration Act, the permanent residence permits of their spouse, minor children, or children having reached the age of majority or above who lack self-care ability due to physical or mental disability, shall be withdrawn or revoked together therewith.
An application for permanent residency under paragraph 1 or paragraph 2 shall be made within two years after the end of the period of residence and stay.
- https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=A0030295 — Foreign Professionals Act Art7, permanent-resident family work-permit exemption
A foreign professional, foreign specialist professional, or foreign senior professional, their spouse, minor children, or children having reached the age of majority or above who lack self-care ability due to physical or mental disability, having obtained permanent residency approved by the National Immigration Agency, Ministry of the Interior (hereinafter referred to as the NIA), is not required to apply to the Ministry of Labor or Ministry of Education for a permit to engage in work in the State.
- https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=A0030295 — Foreign Professionals Act Art21 five-year absence
Article 21
Where a foreign professional, foreign specialist professional, or foreign senior professional, or their spouse, minor children, or children having reached the age of majority or above who lack self-care ability due to physical or mental disability, after obtaining approval for permanent residency from the NIA, are away from the State for five years or more without re-entering, the NIA may revoke their permanent residence permit and cancel their Alien Permanent Resident Certificate.
- https://www.immigration.gov.tw/5475/5478/141465/141808/411648/cp_news — NIA English guideline point3(7), three-year wording
(7) Foreign professionals employed in specialized works who have been granted permanent residency are eligible to apply for permanent residency for their spouse, minor children, and adult children over the age of eighteen (18) who are unable to live independently due to physical or mental disabilities. These dependents must have legally resided in the State for three (3) consecutive years, averaging at least 183 days of residence per year, possess good conduct, have no criminal record verified by a police criminal record certificate, and meet the national interests of the State.
- https://www.immigration.gov.tw/5475/5478/141465/141808/411648/cp_news — NIA Notes 7(1) residence-period exclusions
7. Notes: (1) The period of residence (stay) in the State for applicants listed in the paragraphs under Point 3 shall not be counted for the following reasons: a. For those who are studying or those who are extending their residency in accordance with Subparagraph 3 of Paragraph 1 of Article 23, Subparagraphs 1 and 2 of Article 26, Subparagraphs 5 to 8 of Paragraph 4 of Article 31 of the Act, and Article 11 of the Regulations Governing Visiting, Residency, and Permanent Residency of Aliens. b. Residency shall not be counted for individuals authorized by the central competent labor authority to work in the State under Subparagraphs 8 to 10 of Paragraph 1 of Article 46 of the Employment Service Act, and for those extending their residency in accordance with Subparagraph 5 of Paragraph 4 of Article 31 of the Act. c. Those approved for residence as dependents according to the preceding two subparagraphs.
