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Permanent residence for surviving Taiwan spouse with a qualifying minor child

TaiwanFamily

Explore the five recorded questions, answers and sources for this pathway.

Official link

Explore pathways in Taiwan Read the five questions ↓

Which family relationships qualify?

The foreign spouse of a national with household registration in the Taiwan Area who has died, where the foreign spouse has actual custody of, exercises rights and obligations over, or maintains contact with minor children who are nationals with household registration in the Taiwan Area.

See recorded sources
  • https://www.immigration.gov.tw/5475/5478/141465/141808/411648/
    (6) When the spouse of a foreign national who is a national with household registration in the Taiwan Area dies, and they have actual custody, exercise rights and obligations, or maintain contact with their minor children who are nationals with household registration in the Taiwan Area, they may apply for permanent residency during their lawful residence in the State, without being subject to the restrictions regarding the lawful residence period in the State stipulated in Paragraph 1.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

There is no living sponsor: the deceased spouse must have been a national with household registration in the Taiwan Area, and the minor children must be nationals with household registration in the Taiwan Area; the applicant applies during their own lawful residence in Taiwan.

See recorded sources
  • https://www.immigration.gov.tw/5475/5478/141465/141808/411648/
    (6) When the spouse of a foreign national who is a national with household registration in the Taiwan Area dies, and they have actual custody, exercise rights and obligations, or maintain contact with their minor children who are nationals with household registration in the Taiwan Area, they may apply for permanent residency during their lawful residence in the State, without being subject to the restrictions regarding the lawful residence period in the State stipulated in Paragraph 1.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

For the related residence application of a surviving spouse, the NIA asks for: a marriage certificate authenticated by an overseas mission (not needed if the marriage is registered in the household register); original proof of the spouse's death or the household register showing the death; the household register of the minor children with household registration (children must be in Taiwan); and proof of support or contact, such as court rulings on visitation or custody, certificates from village/neighbourhood heads, the national spouse's relatives, government agencies or schools, or other documents (fee payments, call records, photos).

See recorded sources
Limits of the record
  • These documents are listed for the residence application (Immigration Act Art. 23(1)(9)); the permanent residency guidelines do not list separate relationship documents for this case.
  • https://www.immigration.gov.tw/5385/7244/7250/7317/%E5%B1%85%E7%95%99/181946/
    (八)依本法第二十三條第一項第九款申請者： 1、經駐外館處驗證之結婚證書，戶口名簿已登記結婚者，免附。 2、配偶死亡之證明文件正本或已辦妥死亡登記之戶口名簿。 3、已在臺設有戶籍未滿十八歲子女之戶口名簿（子女須在臺）。 4、對在臺設有戶籍未滿十八歲子女有扶養事實或會面交往者，請附司法機關裁定准予會面交往或交付子女等證明、村（里）鄰長、國人配偶或其親屬、政府機關（以社政、衛政、民政、警政、榮民服務處等單位之證明資料為原則）、學校等出具證明或其他文件（如學雜費、健保費、扶養費等繳納證明、通聯記錄、會面交往生活照等）。

What important financial, accommodation, insurance or maintenance responsibilities apply?

Answer not available

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?

The surviving spouse may apply for permanent residency during their lawful residence in Taiwan without being subject to the lawful-residence-period requirement; applications are made at the NIA service station where the applicant resides; processing time is fourteen (14) days and the fee NTD 10,000; permanent residency may be revoked if average annual residence falls below 183 days in the most recent five (5) years. The official source does not describe the rights conferred by permanent residency.

See recorded sources
Limits of the record
  • Rights conferred by permanent residency are not described in the guidelines.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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