1. Specialized or Technical Work
(1) What is the positive benefit of employment( 聘僱正面效益) , and how should I fill it in?
According to the Ministry’s announced application form for work permits for the employment of foreign professionals, an employer applying to employ a foreign professional shall state the specific reasons for the employment and explain the positive benefits of employing the foreign national.
Example: Mr./Ms. OO, a foreign national, holds a master’s degree from the University of Tokyo and previously served for many years in an important managerial position at Japanese company OOOO. With substantial practical experience, the company hopes to draw on the individual’s professional management capabilities and home-country cultural background to expand the company’s Japan-related business.
(2) Common reasons for returned applications or requests for supplementation
Common reasons for returned applications or requests for supplementation in employer applications for permits to employ foreign professionals are as follows:
1) Application qualifications:
When an employer applies to employ a foreign national to engage in work under Subparagraphs 1 to 6, Paragraph 1, Article 46 of the Employment Service Act, the qualifications of the employer and of the foreign national to be employed shall comply with the Qualifications and Criteria Standards for Foreigners Undertaking the Jobs Specified under Article 46.1.1 to 46.1.6 of the Employment Service Act, the Act for the Recruitment and Employment of Foreign Professionals, and other relevant laws and regulations. Relevant rules may be searched by category on the Ministry’s EZ Work Taiwan website (https://ezworktaiwan.wda.gov.tw/).
2) Required documents:
When an employer applies to employ a foreign professional, the employer shall submit the employer qualification documents, foreign national qualification documents, and other documents required by law. If any relevant document is prepared in a language other than English, a Chinese translation shall be attached. If a document is prepared in a specific country announced by the Ministry, it shall also be authenticated as required.
For required documents, please refer to the EZ Work Taiwan website (https://ezworktaiwan.wda.gov.tw; Homepage > Foreign Professionals to Work in Taiwan). For document review rules, please refer to the review manuals for each category (https://ezworktaiwan.wda.gov.tw/cp.aspx?n=D7B5F886C207D205).
3) Payment issues:
The Ministry accepts the following three payment methods for work permit applications for foreign professionals: Taiwan Pay, ATM transfer, and postal giro payment. For postal giro payments, after payment is completed, the receipt information (payment date, receipt number, and post office branch code) shall be entered into the system. The case may be submitted only after the system completes reconciliation.
2. Work Permits for Overseas Chinese and Foreign Students Taking Part-time Jobs
(1) How long does it take to receive the permit after submission?
Applicants may check the current submission and review status of an application case through the case management function on the application website. If the case serial number does not appear in the list, a common reason is that the case was not fully submitted and was therefore automatically deleted after being temporarily saved in the system for seven days. Please be sure to confirm, after payment, that the system has completed reconciliation and that the case has been submitted.
Regarding review time and permit issuance, after an applicant submits an application for a work permit for an overseas Chinese or foreign student taking a part-time job, the school at which the applicant is enrolled will first review the case. After the school review, the case will be submitted to the Ministry. The Ministry will complete review within seven days from the date of receipt and, depending on the review result, issue the work permit or request the applicant to supplement or correct the materials.
(2) Why does the system not show my case data even though I have completed payment?
After a case is created in this system, the maximum retention period is seven days. If the case is not submitted for review within seven days, the system will automatically delete the case data. Please be sure to confirm, after payment, that the system has completed reconciliation and that the case has been submitted.
For application procedures and completion of payment information, please refer to Chapter 6, “Payment Methods and Case Submission,” of the Ministry’s online application manual for Work Permits for Overseas Chinese and Foreign Students Taking Part-time Jobs.
(3) Refunds for duplicate submissions:
To apply for a refund, please complete the Ministry’s “Application for Refund of Review Fee for Work Permits for Foreign Professionals and Overseas Chinese/Foreign Students” and attach the required documents listed on page 2. Submit the application materials by mail or in person to the Agency’s receiving counter at 10F, No. 39, Sec. 1, Zhonghua Rd., Zhongzheng Dist., Taipei City.
3. Act for the Recruitment and Employment of Foreign Professionals
(1) Foreign Specialist Professionals
1) What is a Foreign Specialist Professional? What effect does this have on an application for an employment work permit?
A Foreign Specialist Professional refers to a foreign professional who engages in professional work under Subparagraphs 1 to 6, Paragraph 1, Article 46 of the Employment Service Act and who possesses expertise and qualifications in any of the twelve fields announced by the central competent authorities for the relevant industries: science and technology, digital, economy, education, culture and the arts, sports, finance, law, architectural design, national defense, environmental protection, and biotechnology. It also includes foreign talent recognized by the competent authority, in consultation with the relevant central competent authorities, as having special expertise and qualifications.
A Foreign Specialist Professional may obtain authorization to work in Taiwan through either of the following two channels. First, the foreign national may apply to the National Immigration Agency, Ministry of the Interior, for an Employment Gold Card. Work qualifications are reviewed jointly by the Ministry of Labor and the central competent authority for the relevant industry. Once the Employment Gold Card is issued, the foreign national may engage in professional work independently. Second, the employer may apply to the Ministry of Labor for an employment permit and submit the required documents for the relevant field (https://foreigntalentact.ndc.gov.tw/cp.aspx?n=D5BE87506A7C6242&s=9EABA5E27250AC15). After the Ministry of Labor consults with the competent authority for the relevant field and confirms the Foreign Specialist Professional qualification, the maximum permit period, if approved, is five years.
(2) Foreign nationals graduating from the world’s top 200 universities applying directly to the Ministry for a permit to engage in professional work:
1) What work may graduates from the top 200 universities engage in if they hold an individual work permit?
A foreign national who has obtained a bachelor’s degree or higher within the most recent five years from one of the world’s top 200 universities announced by the Ministry of Education may directly apply to the Ministry of Labor for a permit to engage in professional work in Taiwan. “Professional work” refers to the work specified in Article 4 of the Act for the Recruitment and Employment of Foreign Professionals, including “work under Subparagraphs 1 to 3, 5, and 6, Paragraph 1, Article 46 of the Employment Service Act,” “work under Subparagraphs 1 and 3, Paragraph 1, Article 48 of the Employment Service Act,” and full-time foreign-language teaching work at short-term cram schools registered under the Supplementary and Continuing Education Act.
2) How long is the work permit for graduates from the top 200 universities valid? Can it be applied for repeatedly?
The work permit for graduates from the world’s top 200 universities is valid for two years from the date on which the Ministry issues the permit. It may not be extended and may not be applied for again.
(3) Work by spouses of Foreign Specialist Professionals and Foreign Senior Professionals, and by adult children of Foreign Professionals:
1) What documents are required for spouses of Foreign Specialist Professionals and Foreign Senior Professionals to apply for a work permit?
The work permit period for the spouse of a Foreign Specialist Professional or Foreign Senior Professional may not exceed the spouse’s period of residence as a dependent. Required application documents include an application form, photocopy of the passport, documentation of marriage, photocopy of an Alien Resident Certificate indicating dependent status, documentation showing that the spouse is a Foreign Specialist Professional or Foreign Senior Professional (unless the Ministry can obtain the information online through interagency data connection with another government agency), and the original review fee receipt.
2) Hong Kong and Macau residents are not eligible under the work permit categories for adult children of Foreign Professionals, or for spouses of Foreign Specialist Professionals or Foreign Senior Professionals.
According to the Act for the Recruitment and Employment of Foreign Professionals, the work permits for “adult children of Foreign Professionals, Foreign Specialist Professionals, and Foreign Senior Professionals” and for “spouses of Foreign Specialist Professionals and Foreign Senior Professionals” accepted by the Ministry do not apply mutatis mutandis to Hong Kong or Macau residents.
(4) Foreign Freelance Art Workers:
1) What qualifications must a foreign professional have when applying to the Ministry of Labor to engage in artistic work?
Under the Regulations on the Work Permit and Administration of Foreign Professionals Engaging in Arts and Performing Arts, artistic work includes performing and visual arts; publishing; film, radio, television, and popular music; crafts; and other work recognized by the Ministry of Culture. Information on foreign national qualifications and required documents may be found on the Ministry’s EZ Work Taiwan website (https://ezworktaiwan.wda.gov.tw/en/cp.aspx?n=A3A039AE2797E97F).