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Q & A List
【Q:】【About Registration of Application Naturalization】
How do foreign spouses apply for naturalization to acquire R.O.C. nationality?
【A:】
1.Authorized Authority: Ministry of the Interior (MOI) (Population Administrator Department) 2.Basis of Laws / Regulations: Nationality Law and the Enforcement Rules thereof. 3.Terms of Applications: A foreign spouse can apply for naturalization to acquire R.O.C. nationality if --He/She has a resident place within R.O.C. territory (after obtaining Alien Resident Certificate) and legally resides in this country for a total of 183 and more days per years in 3 and more consecutive years. He/She is full of age of 20 and is a competent person according to R.O.C. and his/her home country laws. He/She is of good moral character without any criminal record. He/She submits evidence of sufficient property or skill to support or protect his/her living, and the evidencing document of loss of original nationality, or non-nationality, certified by a R.O.C. embassy or representative and verified by MOFA. He/She submits the document evidencing unavailability of acquiring the certificate of loss of original nationality due to reasons not attributable to him/her, which is checked and verified by a foreign affair authority. 4.Procedures of Application: Application should be made in person to the Population Administration Office in the place of residence for submitting to MOI for approval. 5.Required Documents: (1)Application from for naturalization (2)Original copy and Chinese translation copy of the document evidencing loss of original nationality or non-nationality, certificated by a R.O.C. embassy or representative (Chinese translation copy may certificated by a notary); or according to the proviso of Article 9 of this Law, the original and Chinese translation copies of document issued by a foreign affair authority certifying that the declaration is verified true. (Chinese translation copy may certificated by a notary). (3)Valid Alien Resident Certificate or Alien Permanent Residence Certificate. (4)Original copy of documents evidencing the number of years and days of residence in Taiwan (which must comply with the number of days of legal residence for 183 and more days per year in 3 and more consecutive years). The documents are: Alien Resident Certificate issued by police authority and the certificate of entry/exit dates issued by Bureau of Entry/Exit, NPA, MOI, proving compliance with the number of years mentioned in this Law. (5)Police criminal record issued by home country government or other relevant evidencing documents (not necessary for such person whose cause of residence shown in Alien Resident Certificate is "dependent spouse") and the police criminal record during residence in Taiwan. (6)Certificate of sufficient property or skill to support and protect living. (7)Transcript of domiciliary register with registration of marriage. If the transcript is unavailable, submit the documents evidencing marriage and the nationalities/identities of foreign spouse and R.O.C. national spouse. However, in case of getting married in Taiwan, the certificate of single status of foreign spouse, together with the Chinese translation copy thereof, certified by a R.O.C. embassy or representative should be otherwise submitted. (8)Three 2" bust photos. (9)Certificate fee (chargeable according current standards)
Q & A List
【Q:】【About Registration of Marriage】
How are marriages between ROC citizens and foreigners registered?
【A:】
(I) Application Process 1. Those marrying in the ROC: (1) File application through the Household Registration Office of the ROC citizen. (2) Applicants who are unable to apply in person may appoint a representative by power of attorney; that person with power of attorney must be approved by the jurisdictional Civil Administration Office. 2. Those marrying abroad: (1) File application through the Household Registration Office of the ROC citizen. (2) Applicants who are unable to apply in person may appoint a representative by power of attorney; that person with power of attorney must be approved by jurisdictional Civil Administration Office. (3) Applicants who have not yet transferred their household registration abroad may register their marriage in the district of their residency; applicants who have transferred their household registration abroad shall apply first for registration to Taiwan before filing application for registration of marriage. (4) Applicants must request, in person, through ROC embassy/consulate/trade office that their marriage registration application be forwarded to the appropriate district Civil Administration Office. (II) Required Documents 1. Those marrying in the ROC: (1) Household registration, ROC identification and seal for the ROC citizen. (2) Marriage license. (3) Identification of the foreign spouse which has been reviewed by the ROC embassy/consulate/trade office for verification of single status. 2. Those marrying abroad: (1) If applying through the ROC Household Registration Office. a. Household registration, ROC identification and seal for the ROC citizen. b. Original and Chinese translation of marriage license which has been notarized by the ROC embassy/consulate/trade office. (2) If applying abroad through the ROC embassy/consulate/trade office a. Marriage license. b. Documentation of foreign spouse's single status.
Q & A List
【Q:】【About Registration of Divorce】
How do ROC citizens and foreigners file for divorce?
【A:】
(I) Application Process 1. Divorcing in the ROC Both husband and wife must file with the ROC citizen spouse's Household Registration Office. (In the case of a disputed divorce, only one spouse need file.) 2. Divorcing abroad (1) File with the ROC citizen spouse's Household Registration Office. (2) Applicants who are unable to apply in person may appoint a representative by power of attorney; that person with power of attorney must be approved by jurisdictional Civil Administration Office. (3) Applicants who have not yet transferred their household registration abroad must register their divorce in the district of their residency; applicants who have transferred their household registration abroad shall apply first for re-registration to Taiwan before filing application for divorce. (4) Applicants must request, in person, through the ROC embassy/consulate/trade office that their registration for divorce be forwarded to the appropriate Household Registration Office. (II) Required Documents 1. Those divorcing in the ROC: (1) Household registration, ROC identification and seal or signature for the ROC citizen. (2) Identification of the foreign spouse. (3) Divorce papers (bearing signature of two witnesses); in the case of a court ordered divorce, the court order and documentation of authenticity. 2. Those divorcing abroad: (1) If applying through the ROC Household Registration Office. a. Household registration, ROC identification and seal or signature for the ROC citizen. b. Identification of the foreign spouse. c. Original and Chinese translation of divorce papers which have been notarized by the ROC embassy/ consulate/trade office; in the case of a court ordered divorce, original and Chinese translation of notarized court order. (2) If applying abroad through the ROC embassy/consulate/trade office a. Divorce papers. b. Documentation of foreign spouse's single status. (III) At the time of filing registration for divorce, the spouse who has assumed the surname of the other should apply to revert to his/her own surname.
Q & A List
【Q:】【About Registration of Birth】
How do parents of a child born legitimately to a foreign national father and ROC national mother file the child's household registration?
【A:】
The ROC uses "blood line" as determination of heritage; therefore such a child is considered a foreign national first (following the father) and secondarily as an ROC national (following the mother). If the father is an ROC national at the time of the child's birth, or the father has no nationality and the mother is an ROC national, or both parents have no nationality and the child is born in the ROC, the child will be considered an ROC national. Parents of children born to a foreign national father and wishing to register the child as an ROC national must apply for that citizenship in accordance with Articles 5, 6, 10 and 11 of the "Regulation for Household Registration and Registration for ROC Nationals Remaining for Short and Long Term".
Q & A List
【Q:】【About Registration of Birth】
How do parents of a child born out of wedlock to a foreign national father and ROC national mother file the child's household registration? How does the biological father file for paternity?
【A:】
(I) Filing for household registration: 1. Application Process: (1) Child born in the ROC a. The biological mother shall file application with the household registry office of her resident area. b. When the biological mother cannot apply in person, a representative may file on her behalf. (2) Child born abroad a. If the child is younger than 12, entering the ROC using an ROC passport, entry permit or foreign passport and the mother has legal residency status in Taiwan, the other may apply for permanent residency for the child and, with that, apply for household registration. b. If the child is older than 12, application must be filed in accordance with Articles 5, 6, 9 and 11 of he "Regulation for Household Registration and Registration for ROC Nationals Remaining for Short and Long Term". 2. Required Documents: (1) Child born in the ROC a. Applicant's identification and seal (or signature). b. Mother's household registration. c. Original of birth certificate. (2) Child born abroad a. Application for residency (plus two photographs). b. Copy of transient residency registration. c. Original identification from country of residency prior to arrival in Taiwan. d. Original of birth certificate notarized by ROC embassy/consulate/trade office. e. Original of ROC or foreign passport with entrance permit stamp documenting arrival in the ROC via plane or ship. f. Mother's household registry. (II) Registration for Adoption by Biological Parent 1. Application Process (1) Adopting parent to apply through the Household Registration Office of the child's registered address. (2) When adopting parent is not able to apply in person, s/he may appoint a representative by power of attorney (power of attorney established abroad must be notarized by an ROC embassy/consulate/trade office); that person with power of attorney must be approved by jurisdictional Civil Administration Office. (3) A child whose biological father has a Chinese surname may apply for a name change to reflect father's surname. (4) Residency and citizen status will be lost upon adoption by a foreign parent. 2. Required Documents (1) Written adoption documents. (2) Applicant's proof of identification and seal (or signature). (3) Child's household registry and ROC identification (except in cases where ROC ID has not been issued).
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