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TAIWAN - Dependent Status Can Now Be Granted to Same-Sex Spouses

, 04/06/2019

Qualifying same-sex spouses are now eligible to apply for an Alien Resident Certificate (ARC).

The as-yet unpublished government policy, communicated verbally, follows the legalisation of same-sex marriage in Taiwan on 17 May 2019.

The policy applies to nationals of the following countries that recognise same-sex marriage: Argentina, Australia, Austria, Belgium, Brazil, Canada, Columbia, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, parts of Mexico, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, the United Kingdom (except Northern Ireland), the United States and Uruguay.

Who Qualifies?

The same-sex foreign spouse of a work permit holder

Both foreign spouses must be nationals of one of the 26 countries;
The marriage must have taken place in the country of nationality of one of the spouses; and
The marriage must be registered in the other spouse’s country of nationality.

The same-sex foreign spouse of a Taiwanese national

The foreign must be a national of one of the 26 countries;
The marriage must have taken place in the country of nationality of the foreign spouse; and
The marriage must be registered in Taiwan.

Dependent Status

Dependent status allows foreign national spouses of work permit holders or of Taiwanese nationals to

stay in Taiwan for the duration of their spouse’s work permit;
receive National health Insurance (NHI) contributions;
work in Taiwan in certain circumstances.

Action Items

Employers whose employees may benefit are encouraged to contact a Newland Chase immigration specialist for case-specific advice.