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Early extension with employer’s reminder prevents overstay of migrant workers
Publish Unit

Cross-Border Workforce Management Division

Publish Date

2020-05-20

Count the date

2020-05-22

HitCount

29


After a migrant worker arrives in Taiwan, besides part applying for the employment permit to the Ministry of Labor (MOL), employers will need to apply for the working permit to the local service stations of the National Immigration Agency (NIA) for their migrant workers. As NIA issues the alien resident certificate (ARC) to immigrant workers based on a different law, the ARC validity may be different from that of the employment permit, the Workforce Development Agency (WDA) reminds employers and agents to pay attention to the validity of both documents to prevent migrant workers from overstay. According to the WDA, the NIA issues the ARC according to the Immigration Act, the ARC’s expiry date may differ from that of employment permit issued by the MOL based on the Employment Service Act because of the migrant worker’s passport validity, the employment by new employer after the end of the previous contract, or other reasons.

Therefore, if the ARC expires while the employment permit is still valid, a migrant worker may apply for extension to the NIA. Otherwise, he/she must leave Taiwan by the ARC’s expiry. The WDA reminds, employers or agents can help migrant workers to verify the ARC validity and remind migrant workers to apply for extension before the expiry. Applications made within 30 days after the expiry with the reason for stay reminds unchanged, a migrant worker will be punished by a find between NT$2,000 and NT$10,000 according to the Immigration Act before he/she can re-apply for a new ARC. Therefore, apart from a fine, overstaying migrant workers will need to leave the country immediately by the time-limit after the reason for stay extinguishes. Immigrant workers failing to leave the country by the time-limit will be restricted from working in Taiwan, and the rights and interests to enter and work in Taiwan of this migrant worker will be restricted, and his/her employer will also be affected.