10,000 Chinese Spouses in Taiwan Face Loss of Residency Over Missing Documents

Taipei: Among the 140,000 Chinese spouses granted "settlement residency" in Taiwan, about 10,000 risk losing that status for failing to submit proof they renounced their Chinese household registration, according to the National Immigration Agency (NIA).

According to Focus Taiwan, NIA Deputy Director-General Chen Chieh-cheng stated at a legislative session that most Chinese spouses have already provided the required documentation. However, approximately 10,000 have yet to do so and have been notified by the NIA. The delay is attributed to reasons including health issues and challenges related to the COVID-19 pandemic.

"Settlement residency" is an intermediate status granted to Chinese spouses in Taiwan, allowing them to apply for household registration in Taiwan within a 30-day window and thereby obtain Taiwanese citizenship. To obtain such status, they must go through stages including "family-based residency" and "long-term residency," and submit proof of having renounced their household registration in China to the NIA.

Article 9-1 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area stipulates that "the people of the Taiwan Area may not have household registrations in the Mainland Area," and those who violate this provision "shall be deprived of its status as the people of the Taiwan Area and its rights." Chinese spouses who obtained "status as the people of the Taiwan Area" before the article took effect on March 1, 2004, were required to renounce their household registration in China and submit the relevant proof to Taiwan's Ministry of the Interior within six months of the article's enforcement.

Liang Wen-chieh, deputy head of the Mainland Affairs Council, noted that the authorities are reviewing those who did not submit the required proof, with the legal basis for such a review derived from the Cross-Strait Act. Previously, the NIA would act when reports of failing to submit the required documents were made.

As of Wednesday, 676 individuals have had their "status as people of the Taiwan Area" revoked. Chen mentioned that for those who have not submitted the required proof, the NIA will coordinate with the Mainland Affairs Council and the Straits Exchange Foundation to find a viable solution if they face difficulties obtaining the document.

Liang stated that both the NIA and the Mainland Affairs Council have received calls from affected Chinese spouses, with some providing reasonable explanations and others offering less persuasive reasons. A source familiar with the matter mentioned that those notified must submit the document within three months, or they risk revocation of their "settlement residency" and potential loss of citizenship if they already hold Taiwanese citizenship.

The NIA informed Focus Taiwan that if a Chinese spouse's "settlement residency" and household registration are revoked, but their original reason for residing in Taiwan remains valid, they may reapply for "long-term residency" with the agency.

The NIA's actions have attracted criticism from opposition parties. The Taiwan People's Party argued that laws should not be applied retroactively and criticized the government for shifting blame for years of inaction onto the people. They also highlighted issues with unanswered service contacts listed in the notices, leading to panic.

The Kuomintang, the opposition party with the most seats in the Legislature, reported receiving concerns from constituents and will explore ways to offer necessary assistance. They aim to examine the practical challenges faced by those Chinese spouses and investigate any cases of unreasonable treatment.