SUB-REGIONAL OVERVIEW: EAST ASIA
Nationals are afforded different rights based
on whether they do or do not hold ‘Household
Registration’, as stipulated by the Immigration Act.
Registration are allowed to immediately register
upon entry into Taiwan with a valid R.O.C. (Taiwan)
passport and do not need a Taiwan Area Residence
Certificate (TARC).1215
In the Enforcement Rules of the Nationality Act,
Article 3 defines a stateless individual as, “a
person who is not recognized as the citizen of any
country according to the laws of that country”.1216
It also, in particular, recognizes individuals from
India, Nepal, Myanmar, Thailand, and Indonesia
as stateless if they conform with Article 16 of
the Immigration Act and hold an Alien Resident
Certificate, prescribing them as stateless.1217
Naturalized citizenship
Foreigners and stateless persons can apply for
naturalization in Taiwan if they currently have
residence in Taiwan, have legally resided in the
territory for at least 183 days of each year for
five consecutive years and have “enough property
or professional skills to support themselves”,
among other requirements.1218 Those applying
for naturalization would have to renounce any
prior citizenship they hold within one year after
the approval of the application.1219 There is no
simplified or expedited naturalization procedure
available to stateless persons or refugees, with
PRC nationals having no access to naturalization
at all. Foreign spouses in Taiwan are free to apply
for residency or naturalization if they are married
to a Taiwanese individual.1220 Recent amendments,
effective from January 1 2024, have allowed for
foreign spouses (and their minor children) married
to Taiwanese nationals to obtain legal residency in
There is no simplified or expedited naturalization
procedure available to stateless persons or refugees,
with PRC nationals having no access to naturalization
at all.
108
SUB-REGIONAL OVERVIEW: EAST ASIA
the country. This is applicable without individuals
having to go through judicial proceedings to obtain
an official judgment of divorce or child custody
to meet the residence grounds stipulated in
Article 31.1221 With these amendments, while the
implementation is yet to be seen, foreign spouses
who have divorced or been widowed are likely
to have increased eligibility for naturalization as
legal residency is a prerequisite of naturalization.
The Immigration Act of Taiwan applies to stateless
persons as well as foreign individuals who have
entered Taiwan with a foreign passport.1222
Stateless individuals from Thailand, Myanmar,
Indonesia, India or Nepal or nationals without
Household Registration who cannot be
repatriated are permitted to reside in Taiwan.
Upon the completion of a minimum of three years
or 270 days each year in case of five years, or 183
days in case of seven years of their residence in
Taiwan, individuals are permitted to apply for
Permanent Residency, which is a requirement
for naturalization.1223 The historical reasoning
behind this provision is to provide residence
to Chinese diaspora coming to Taiwan from
Thailand, Myanmar and Indonesia. In light of the
2008 Tibetan uprising, the 2009 Immigration
Act extended the special type of residence to
stateless persons coming from India and Nepal. In
other words, the provision was not enacted with
the intention to provide legal status to stateless
people in general, but is limited to individuals of
Chinese descent present in the selected countries.
Prior to the 2024 amendments in the Immigration
Act, ‘foreign brides’ from Southeast Asia and
mainland China had largely been excluded from
naturalization in Taiwan.1224 Before changes were
made to the Nationality Act in 1999, the only
foreigners allowed to naturalize in China were
foreign women, who through patriarchal values
were deemed to play a role in continuing Taiwanese
‘blood’.1225 The increase of immigrant women in
the country as a result caused the government
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
apply for naturalization in Taiwan must provide
a certificate of loss of previous nationality within
one year of being approved for naturalization in
Taiwan.1233 If they fail to do so, their naturalized
citizenship will be revoked.1234
to add barriers for foreign brides to acquire
citizenship.1226 In order to apply for naturalization,
a foreign woman married to a Taiwanese man must
undergo medical examinations, reside in Taiwan
for a defined time period, renounce their foreign
citizenship, pass Chinese language proficiency
exams, and prove their financial security.1227 The
financial requirements of the application process
used to present a major barrier for ‘foreign brides’
applying for naturalization.1228 This has however
been amended by the 2016 Act, where financial
self-sufficiency is not required of naturalization
based upon marital relations.1229 Further, according
to the 2016 amendments in the Nationality Act,
while it does provide for nationality to foreign
spouses through naturalisation, the concerned
individuals shall be prone to statelessness if found
undertaking a fraudulent marriage or adoption.1230
Treaty ratification status
With Taiwan’s sovereignty being contested, the
State has a limited role in the UN considering only
sovereign States can become members of the UN.
Taiwan has also not attained observer status.1235
While observer status would allow Taiwan to
contribute to the international system, it would
also confirm that Taiwan is not a sovereign
country.1236 However, Taiwan has been seen to
robustly participate in the UN specialized agencies
for the last 50 years, which shows its commitment
and the meaningful contribution made by it to
the UN System.1237 Despite being unable to be
reviewed by UN bodies, Taiwan has created its
own unique way of reviewing treaty bodies, in
particular ICCPR and ICESCR, and has adopted
them into its local laws since 2009.1238 It has also
voluntarily accepted other major human rights
treaties, including ICERD1239, CEDAW, CRPD,
and CRC.1240 To maintain the credibility of the
review, Taiwan invited independent international
experts to conduct the reviews and has increased
participation to enhance the voices of local
stakeholders, such as CSOs and government
officials of Taiwan.1241
Dual citizenship
Dual citizenship is permitted in some cases in
Taiwan. Initially, only Taiwanese citizens by birth
were allowed to hold dual nationality as well as
public office. Through the 2016 amendment in
the nationality law, foreign nationals can now
apply for dual citizenship in Taiwan, if they have
made “special contributions to Taiwanese society”
and are “high-level foreign professionals” in
fields including technology, economic matters,
education, culture or the arts, allowing them to
participate more wholly in the civic and political
life.1231 Naturalized citizens do not have access
to such rights, according to the Nationality Act.1232
Those foreign citizens, who do not fall under the
narrow categories mentioned above and wish to
The International Review Committee (IRC) in
its 2022 concluding observations reiterated
TABLE 29
Status of Accession of International Human Rights Treaties in East Asia
Country
Republic of China
✅
⛔
Stateless 1
⛔
Stateless 2
⛔
Refugee
Signifies that the country is a party to the convention
Signifies that the country is not a party to the convention
⛔
ICCPR
✅
ICESCR
✅
ICERD
✅
CRC
✅
CEDAW
✅
Stateless 1 - 1954 Convention relating to the Status of Stateless Persons
Stateless 2 - 1961 Convention on the Reduction of Statelessness
REPORT 2024
109
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