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Temporary residence and work protection for a trafficking victim

TaiwanHumanitarian protection

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

Official link

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

A residence permit for identified human trafficking victims, valid for one year and extendable (each extension up to one year) as needed for the investigation or trial, with the right to apply for a work permit.

See recorded sources
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    Article 14 For those identified as victims of human trafficking, the central competent authority shall, upon application, issue a residence permit valid for one year, and may extend the residence permit to meet the need of the investigation or trial of the case, and each extension shall not exceed one year.
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    The human trafficking victim who have been issued with residence permits in the preceding 2 paragraphs may apply for a work permit at the central labor affairs competent authority without being subjected to the restrictions set forth in the Employment Service Act and the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, and the period in which he/she can work shall not exceed the period of his/her residence permit.

Which population, circumstances or geographic group does the mechanism cover?

Persons identified as victims of human trafficking.

See recorded sources
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    Article 14 For those identified as victims of human trafficking, the central competent authority shall, upon application, issue a residence permit valid for one year, and may extend the residence permit to meet the need of the investigation or trial of the case, and each extension shall not exceed one year.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

Anyone may notify the local judicial police authority of a suspected case; the judicial police must immediately carry out victim identification (prosecutors and courts refer cases to them); once identified, the victim applies to the central competent authority, which issues the residence permit upon application.

See recorded sources

What happens after the request: registration, family handling, major support and rights where officially stated?

Suspected victims cannot be forcibly deported before identification or objection is decided; authorities provide assistance including safety protection, medical, interpretation and legal help, counselling, accompaniment during questioning, subsidies, welfare referral, training and placement; residence-permit holders may apply to the central labour authority for a work permit for no longer than the residence permit, and the residence period does not count towards long-term or permanent residence or naturalisation.

See recorded sources
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    Suspected human trafficking victim shall not be forcibly deported from the State (territory) before the identification or the objection to identification results are decided.
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    The competent authorities and labor affairs competent authorities at all levels shall, either by themselves or by commissioning non-governmental organizations, provide human trafficking victims or suspected ones with the following assistance: 1. Protection of personal safety; 2. Necessary medical assistance; 3. Interpretation assistance; 4. Legal assistance; 5. Psychological advice and counseling; 6. Being accompanied when questioned (interrogated) throughout the investigation or trial; 7. Rental subsidies and others necessary financial assistance. 8. Consulting and referral of social welfare service resources 9. Employability skills and education training 10. Placement services 11. Other necessary assistance.
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    The human trafficking victim who have been issued with residence permits in the preceding 2 paragraphs may apply for a work permit at the central labor affairs competent authority without being subjected to the restrictions set forth in the Employment Service Act and the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, and the period in which he/she can work shall not exceed the period of his/her residence permit.
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    In the case of victim of human trafficking has been granted residence pursuant to paragraph 1, no such period of residence is applicable to the calculation of residence for the purpose of applying for long term residence, permanent residence, registered permanent residence, or naturalization required by other applicable laws.

Which competent authority, UN body or official assistance channel should the person use?

The central competent authority is the Ministry of the Interior; reports go to the judicial police authority, which with the labour authority runs 24-hour special channels, online platforms or telephone hotlines for reporting human trafficking.

See recorded sources

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

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