Foreign Employee Qualification
The spouse of the foreign employees shall acquire one of the following qualification:
1.Acquire certificates or operation qualifications through the procedures specified in the Examinations of Specific Profession and Technician Guidelines.
2.Acquire credentials of Master degree or above from universities in the ROC or in foreign countries or acquire Bachelor degree and with more than two years working experiences in the specific field. (Ministry of Labor has set up consultation mechanism that foreigners with at least a bachelor degree to perform special and technical jobs have no two years work experience restrictions by the agreement of specific program. Refer to explanation of consultation mechanism, work flow and Ref. Lao-Dong-Fa-Guan-Zi-11005116391 dated August 18, 2021.)
3.Expatriates to the ROC that have been employed in multi-national companies for more than one year.
4.Specialists who have been trained professionally or self-taught in the specific field and have more than five years experiences in related skills and have demonstrated outstanding performances.(Note: The ministry has established a consultation procedure for expatriates as professional and skilled workers to be exempted from the five-year work experience requirement. But those acknowledged as startup with innovation capabilities are not subject to the limit on years of work experience.)
※Besides, the hourly amount of average salary for employed foreigners referred to in the preceding paragraph, shall be no less than NT $200. (Refer to Ref. Lao-Dong-Fa-Guan-Zi-10605116301 dated July 26, 2017.)
Employer Qualification
Employers who apply for the employment of the spouses mentioned in the preceding paragraph to engage in the work are not subject to the restrictions of the amount of paid-up capital, turnover, actual import and export revenue, agency commission and working capital in Taiwan set forth in the Subparagraphs 1 and 2 of Article 39.
※The application for working period permission made by foreigner spouse of foreigner according to the provisions of Paragraph 1, shall not exceed the allowable period of foreigners concerned.
※Employer-related laws and regulations refer to the Article 39 in 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.