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After divorcing in Taiwan, can foreign spouses still reside there?

G
Gina14d ago
For many foreign spouses, divorce is not just a change in emotions and family, but also immediately raises concerns about their residency status. "Can I no longer stay in Taiwan?" "My children are still in Taiwan, can I stay to take care of them?" "If I'm divorcing due to domestic violence, do I have to return to my home country?" Don't rush to sign documents you don't understand out of fear, or believe someone who says, "You'll definitely be deported if you divorce." Whether you can continue to stay in Taiwan after divorce depends on your residency status, whether you have minor children, if domestic violence is involved, and if you can qualify for other reasons for residency. If you originally obtained your residence permit as a "dependent spouse," your original reason for dependency may indeed disappear after divorce. The National Immigration Agency can, in principle, revoke your residence permit and cancel your Alien Resident Certificate. However, the law also outlines situations where you can continue to reside, and not everyone will be immediately asked to leave. A more common exception is when, after divorcing a Taiwanese spouse, you still have actual care, parental responsibilities, or visitation rights for minor children registered in Taiwan. This means if your children are Taiwanese citizens, are still minors, and you continue to need to care for them or maintain a parent-child relationship, you should contact the National Immigration Agency as soon as possible to confirm if you can continue to reside. Another important situation is domestic violence. If you are the foreign spouse of a Taiwanese citizen and are divorcing due to domestic violence, and have not remarried, you may also meet the conditions for continued residency. In this case, don't just view the issue as a "failed marriage." Instead, preserve evidence such as medical reports, protection orders, police reports, records of assistance from 113 or social workers, and communication logs, as these may affect your subsequent residency and safety arrangements. If you have already obtained an Alien Permanent Resident Certificate (APRC), the situation is different. An APRC is not a dependent residence permit that is periodically renewed based on each marital relationship. Divorce itself usually does not cause permanent residency to disappear immediately. However, permanent residency has its own regulations, such as residency duration, criminal records, or other reasons for revocation or cancellation. Therefore, you should still confirm the status of your documents and not confuse ARC with APRC. At the time of divorce, be cautious about property, children, and residency issues being discussed together. Your spouse or their family might say things like, "You can't see the children if you don't sign the divorce," "You have to go back to your country after divorce," or "The children will definitely stay with the Taiwanese side." These statements are not necessarily true. Parental rights, visitation, child support, and residency are separate issues that should be addressed individually, and you should not rely solely on verbal statements. If the divorce procedures are not yet complete, or if your spouse suddenly presents documents for you to sign, review the contents first. Do not sign blank documents, Chinese documents you don't understand, or anything stating "voluntary departure," "renunciation of parental rights," or "waiver of property" that you do not comprehend. You can take photos for documentation and seek assistance from an immigration service station, 1990, a new immigrant family service center, legal aid, or a trusted social worker to confirm. The most practical first step after divorce is to confirm the expiration date and reason for your residence permit. If your residence permit is nearing expiration, don't wait until the last few days to handle it. Bring your residence permit, passport, divorce-related documents, children's household registration information, proof of parental rights or visitation, domestic violence or protection order documents, and visit your local immigration service station to inquire. Everyone's circumstances are different, especially regarding whether you have Taiwanese minor children, which can significantly impact the outcome. Concurrently, you can contact the 1990 hotline for consultation on living in Taiwan for foreigners to inquire about which agency to approach. If domestic violence, threats, restrictions on movement, being forced out of the home, or children being forcibly taken away are involved, call the 113 protection hotline. In case of immediate danger, call 110 to report to the police. Divorce can easily make one feel suddenly unsupported in Taiwan, especially when residency, children, finances, and housing are all tied to the marriage. You might not know where to start. However, divorce does not automatically mean deportation, nor does it mean you have to give up your children or your rights. Don't be pushed around by intimidating statements. Keep your documents, divorce papers, children's information, and records of abuse safe, and promptly consult with the National Immigration Agency and social welfare/legal resources for the next steps. The most important thing is to protect yourself and your children first, then address residency and legal procedures.

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