National without household registration

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Terminology

Although NWOHR status only has one Chinese-language name, the Ministry of Justice has used several English translations. These include: "nationals without registered permanent residence in the Taiwan Area", [2] "non-citizen ROC nationals", [3] "unregistered nationals", [4] "Overseas Chinese having not established household registration in the Republic of China", [5] and "people without nationalities in Taiwan". [6] The Taipei Times occasionally uses "nationals without citizenship". [7] [8]

Background

The Republic of China (ROC) governed mainland China from 1912 to 1949. [9] The islands of Taiwan and Penghu were ceded to the Empire of Japan in 1895 by Qing China, the last ruling dynastic Chinese regime, following its defeat in the First Sino-Japanese War. Control of these islands was transferred to the ROC in 1945 after the Second World War. [10] Near the end of the Chinese Civil War, the Nationalist government was forced to retreat to Taiwan by the Communist Party, which subsequently established the People's Republic of China (PRC) in 1949. Since the conclusion of the war, the ROC has controlled only the Taiwan Area. [11]

At the Cold War era, the government of the Republic of China on Taiwan continues to constitutionally claim territories control by the People's Republic of China (PRC) and Mongolian People's Republic (MPR) as part of its territory. [12] [13] Because of this, the Nationality Act treated residents of those territories as nationals. Additionally, because Taiwanese nationality law operates under the principle of jus sanguinis , most overseas Chinese, Mongolian, and Taiwanese were also regarded as nationals during this era. [14] During the Cold War, both the ROC and PRC governments actively sought the support of overseas Chinese communities in their attempts to secure the position as the legitimate sole government of China. The ROC also encouraged overseas Chinese businessmen to settle in Taiwan to facilitate economic development. Regulations concerning evidence of ROC nationality by descent were particularly lax during this period, allowing many overseas Chinese the right to settle in Taiwan. [15]

From the late 1980s, Taiwan developed a stronger sense of local national identity and more readily asserted its separate identity from that of China. Legal reforms between 1999 and 2002 greatly reduced the ease by which further grants of ROC nationality were made to overseas Chinese and restricted citizenship rights only to those with household registration in Taiwan. [16] Full citizenship rights, including permanent residence and voting, can only be exercised by nationals who have been registered. [17] NWOHRs are now treated as an external population to Taiwan. [18]

Residents of Mongolia, which was part of Imperial China until 1911, were also regarded as if they were mainland Chinese residents until 2002, when the Mainland Affairs Council removed the country from the administrative definition of the Mainland Area. Since then, Mongolians have been treated as foreigners and are required to apply for visas before entering Taiwan. [19] In May 2013, the Mainland Affairs Council reaffirmed that Outer Mongolia is not a part of ROC's territorial claims and Mongolia is a sovereign state. [20]

Residents of mainland China, which is now under the jurisdiction of the People's Republic of China (PRC), were identified as nationals given the pre-1949 history of the Republic of China. In May 2023, Executive Yuan released a policy memorandum to clarify that: "The people of mainland China do not have ROC nationality, and hence are not ROC nationals." (中國大陸人民不具中華民國國籍、非屬中華民國國民)[ better source needed ] [21]

Currently, people with NWOHR status are estimated to be around 60,000, mainly overseas Taiwanese, Chinese, and Mongolian living in East Asian countries of Japan and South Korea as well as the Southeast Asian countries of Myanmar, Philippines, Thailand, and Vietnam. Among the NWOHRs living in Taiwan, many of them are ethnic Chinese from the Philippines descended from ROC nationals. [7] A significant portion also come from Myanmar and Thailand, where Republic of China Army detachments fled to after the Chinese Civil War. Descendants of these soldiers entered Taiwan on forged or stolen passports, often to enroll in universities. Because they were not considered nationals of the countries they traveled from, they could not be deported. [22] 875 of these descendants and 107 members of the Tibetan diaspora were granted amnesty in 2009, allowing them to apply for residency. [3]

Rights and responsibilities

The law of Taiwan states significantly different rights and responsibilities between nationals with or without household registration. Nationals with household registration are the conceptual citizens in Taiwanese laws. Nationals without household registration, on the other hand, are subject to immigration controls and do not have automatic residence or employment rights in Taiwan.

NWOHRs given approval to reside in Taiwan are restricted from rights and benefits reserved for full Taiwanese citizens. They are not entitled to hold national identification cards and are given Taiwan Area Resident Certificates instead. [7] The lack of household registration makes them ineligible for national health insurance [23] and automatic workers' compensation coverage. [8] They cannot vote in elections or stand for public office. [24] NWOHRs who concurrently hold foreign nationality are additionally required to apply for work permits to be employed in Taiwan. [25]

Acquisition and loss

A Taiwanese passport with no national identification number listed in its data page means the holder is a national without household registration. ROC National Without Registration Passport Datapage.jpg
A Taiwanese passport with no national identification number listed in its data page means the holder is a national without household registration.

The NWOHR status are those people who qualify under Taiwanese nationality law but do not possess Household registration in Taiwan. Status changes on either nationality or household registration might affect the NWOHR status.

National without household registration
Traditional Chinese 無戶籍國民
Simplified Chinese 无户籍国民
Transcriptions
Standard Mandarin
Hanyu Pinyin wú hùjí guómín
Wade–Giles wu² hu⁴-chi² kuo²-min²
Hakka
Pha̍k-fa-sṳ mò fu-sit koet-mìn
Southern Min
Hokkien POJ bô hō͘-che̍k kok-bîn
Tâi-lô bô hōo-tsi̍k kok-bîn
Acquisition of
NWOHR status		Born to at least one parent with NWOHR status
Born overseas to at least one parent with household registration in Taiwan
Newly naturalized nationals
Recognized by a Taiwanese diplomatic mission to be overseas nationals
(obsolete with limited grandfather clause)
Loss of
NWOHR status		Establish household registration in Taiwan
Loss of nationality
Obtain hukou in the People's Republic of China, or
obtain Chinese passport

Acquisition by birth

Children born to at least one parent with nationality are automatically nationals at birth regardless of their place of birth. However, the household registration in Taiwan can only be completed in Taiwan, and only Taiwanese people with household registrations may register their children into the household of themselves.

If a child is born to at least one parent with NWOHR status, the child is also with NWOHR status even if the birth is given in Taiwan, since there is no process available to establish household registration in Taiwan. If a child is born overseas to at least one parent with household registration in Taiwan (NWHR status), the child is eligible to establish household registration in Taiwan through his/her parent. However, the child will remain in NWOHR status until he/she completes the registration process in Taiwan. [26]

To claim the nationality of a child born overseas, the parents will need to submit proof of a parent's nationality together with the birth certificate of the child to the Taiwanese diplomatic mission with the place of birth fall under its jurisdiction. [27] In 2010, the government estimated more than 30 million people are estimated to be eligible to claim passports through nationality by descent. [28] This anomalously high number came from many ethnic Chinese and Mongolian living overseas acquired nationality through the old nationality law prior to 2000 amendment. [29]

Acquisition by naturalization

Foreigners who acquire ROC nationality through naturalization will briefly become NWOHRs once they complete the naturalization process. [30] Permission to establish household registration in Taiwan can be applied for at NIA 1 year after obtaining ROC nationality. The recently naturalized national will become NWHR once the permission to reside document from NIA is submitted to the household registration office.

Acquisition by recognition (obsolete)

The Nationality Act prior to 2000 amendment considered all people of Chinese descent to be nationals of the Republic of China. Ethnic Chinese and Mongolian living overseas, regardless of their place of birth may also acquired nationality from a diplomatic mission with the Certificate of Overseas Chinese Identity issued by the Overseas Chinese Affairs Council of the government of the Republic of China. [29]

After the 2000 amendment, the Certificate of Overseas Chinese identity is no longer a valid document to apply for a Taiwanese passport. Clauses for the Ministry of Foreign Affairs to grant special permissions to issue Taiwanese passports to People's Republic of China (PRC) nationals from mainland China, Hong Kong, and Macau still exist, but no cases have been granted permission after the 2010s. [31] [32] [33] [34]

Acquisition through spouse

If the spouse of an ROC national is a resident of the PRC, they can obtain household registration in Taiwan in approximately six years without acquiring ROC nationality first. Spouses who are nationals of other countries need to become naturalized ROC nationals first after having resided in Taiwan for three years. It then takes an additional one to five years for them to become eligible for household registration in Taiwan. [35]

Loss by obtaining household registration

NWOHRs may request approval to reside in Taiwan for employment, study, investment, or family reunion. They may obtain household registration after residence for a number of years, which grants full citizenship rights in Taiwan. [36] NWOHRs born to Taiwan Area persons may be registered after continuous residence for one year, 270 days per year for two years, or 183 days per year for five years. [37] Mainland Area persons are subject to annual immigration quotas limiting the number of people acquiring residence permits and household registration each year. [38] An NWOHR who enters Taiwan with a foreign passport or travel document for stateless people may not apply for residency, unless that person is an NWOHR by naturalization or descent through birth overseas to a Taiwan Area person. [39] All NWOHRs who successfully obtain household registration continue to be exempt from conscription until one year after the day they are registered. [5]

Beginning on January 1, 2024, NWOHRs born in Taiwan to Taiwanese parents with household registration, or NWOHRs born overseas with at least one parent with household registration, can gain household registration immediately without any further requirements. [40]

Loss of nationality

NWOHRs may voluntarily relinquish the status by application to the Ministry of the Interior, provided that they have acquired another nationality or are married to foreign nationals. [41] The status may be deprived if it was fraudulently acquired. [42] All Taiwanese nationals, including NWOHRs, who obtain hukou in mainland China automatically have their passports cancelled and any residence rights in Taiwan revoked. [43]

Entry requirements

Although NWOHRs may travel using a Taiwanese passport, because the status by itself does not give its holders residence rights in Taiwan, the travel restrictions are different from those Taiwanese nationals with household registration when entering other countries.

Taiwan

An entry permit attached to a NWOHR's Taiwanese passport with validity of 3 years allowing its holder to visit Taiwan multiple times with each up to three months. Taiwan Area Entry Permit Sticker.jpg
An entry permit attached to a NWOHR's Taiwanese passport with validity of 3 years allowing its holder to visit Taiwan multiple times with each up to three months.

Nationals without household registration may be subject to immigration controls and do not have the right of abode to Taiwan. Starting from January 2024, they may enter ROC-controlled territory with only their biometric NWOHR Taiwanese passports, provided they have a return or onward ticket to a next destination. [44] They can also present separate document with permission to enter Taiwan, such as an Entry Permit issued by a Taiwanese diplomatic mission, or a Resident certificate issued by the National Immigration Agency. [45] With regular Entry Permit, each visit is restricted to three months, which may be extended once per visit for a further three months. [46]

Some specific NWOHRs may be able to apply for temporary entry permit upon arriving Taiwan if they hold an endorsement letter from an Overseas Community Affairs Council certifying their residency overseas, a South Korean Certificate of Alien Registration indicating long-term or permanent residency. [45]

In some special cases, the Taiwanese National Immigration Agency may issue an Exit & Entry Permit for Taiwan to NWOHRs overseas, these permits are valid without having to present a passport. [45]

China, Hong Kong, and Macau

The Taiwanese passport is not recognized as a valid travel document by the government of China. A lack of household registration in Taiwan and national identification number also disqualifies NWOHRs from obtaining a Mainland Travel Permit for Taiwan Resident. Thus, NWOHRs cannot follow similar procedures like Taiwanese people to enter territories of the People's Republic of China (including mainland China, [47] Hong Kong, [48] [49] and Macau [50] ). Instead, NWOHRs must apply for a Chinese Travel Document with a Chinese diplomatic mission in advance before starting their trip to China. [51]

Other countries

Most visa-free regimes for Taiwanese passport holders are limited to those with right of abode in Taiwan. These include Canada, Japan, Schengen Area, United Kingdom, and United States (Visa Waiver Program). [52] NWOHRs are not eligible for those visa-free regimes. However, there are also visa-free regimes granted to both types of Taiwanese passport holders, such as Ireland and South Korea.

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References

Citations

  1. ↑ Chen, Yuren 陳郁仁; Tang, Zhenyu 唐鎮宇 (August 16, 2011). "無戶籍國民 返台將免簽" [Nationals without household registration returning to Taiwan will soon be visa-exempt]. Apple Daily (in Chinese). Archived from the original on February 4, 2020. Retrieved October 10, 2019.
  2. ↑ Immigration Act Article 3.
  3. 1 2 Immigration Act Article 16.
  4. ↑ Enforcement Rules of the Immigration Act Articles 12, 13, 21, 22.
  5. 1 2 Conscription Regulations for Naturalized Aliens & Returning Overseas Chinese Article 3.
  6. ↑ Enforcement Rules of the Household Registration Act Article 21.
  7. 1 2 3 "Group calls for full citizen's rights". Taipei Times . September 20, 2011. Archived from the original on December 1, 2011. Retrieved December 21, 2011.
  8. 1 2 Huang, Shelley (December 2, 2009). "Passport holders call for citizenship, labor rights". Taipei Times . Archived from the original on September 3, 2019. Retrieved February 1, 2020.
  9. ↑ Lien & Chen 2013 , p. 42.
  10. ↑ Lien & Chen 2013 , p. 51.
  11. ↑ Lien & Chen 2013 , pp. 43–44.
  12. ↑ Chai, Sze-chia; Liu, Kay (May 21, 2012). "Mongolia not within national boundary under ROC Constitution: MAC". Taiwan News . Central News Agency. Archived from the original on July 8, 2021. Retrieved July 7, 2021.
  13. ↑ Norton, JM (July 27, 2016). "'One China,' 5 Interpretations". The Diplomat . Archived from the original on March 30, 2021. Retrieved July 7, 2021.
  14. ↑ Selya 2004 , pp. 329–330.
  15. ↑ Cheng 2014 , p. 138.
  16. ↑ Cheng 2014 , pp. 138–139.
  17. ↑ Lien & Chen 2013 , p. 54.
  18. ↑ Cheng 2014 , p. 139.
  19. ↑ "Taiwan-Mongolia ties move on". Taipei Times . September 10, 2002. Archived from the original on July 8, 2015. Retrieved October 10, 2019.
  20. ↑ "有關外蒙古是否為中華民國領土問題說明新聞參考資料" [Press materials on whether Outer Mongolia is Republic of China territory](PDF) (Press release) (in Chinese). Mainland Affairs Council. May 21, 2013. Archived (PDF) from the original on October 4, 2013. Retrieved May 26, 2023.
  21. ↑ "'Chinese are Taiwanese' rule outdated: premier - Taipei Times". www.taipeitimes.com. May 27, 2023.
  22. ↑ Loa, Iok-Sin (August 15, 2008). "Amendment proposes amnesty for stateless students". Taipei Times . Archived from the original on June 24, 2009. Retrieved December 21, 2011.
  23. ↑ Huang, Shelley (June 2, 2010). "Protesters riled by exclusion from health insurance plan". Taipei Times . Archived from the original on July 8, 2019. Retrieved February 1, 2020.
  24. ↑ Loa, Iok-sin (September 26, 2011). "Immigrants, right activist seek to run in elections". Taipei Times . Archived from the original on July 8, 2019. Retrieved February 1, 2020.
  25. ↑ Employment Service Act Article 79.
  26. ↑ Household Registration Act Article 6.
  27. ↑ Ho 2017 , p. 14.
  28. ↑ Wang, Jiajun 王家俊; Chen, Yuren 陳郁仁 (December 6, 2010). "澳免簽觸礁 沈呂巡槓內政部" [Australian visa exemptions]. Apple Daily (in Chinese). Archived from the original on February 5, 2020. Retrieved February 3, 2020.
  29. 1 2 Wang 2011 , pp. 170–171.
  30. ↑ Immigration Act Article 9.
  31. ↑ Passport Act Article 6.
  32. ↑ Laws and Regulations Regarding Hong Kong & Macao Affairs Article 4.
  33. ↑ Regulations for Application and Issuance of Passports Articles 16, 17.
  34. ↑ Regulations for Application and Issuance of Passports Articles 15, 16.
  35. ↑ "【議題觀察室】陸配、外配為何「兩制」？破解「陸配雙親來台無限使用健保」說法". 台灣事實查核中心 (in Traditional Chinese). March 25, 2024. Retrieved January 1, 2025.
  36. ↑ Immigration Act Articles 9, 10.
  37. ↑ Immigration Act Article 10.
  38. ↑ Act Governing Relations between the People of the Taiwan Area and the Mainland Area Articles 16, 17.
  39. ↑ Immigration Act Article 12.
  40. ↑ "Taiwanese Parents". Taiwanese Citizenship. Retrieved January 12, 2024.
  41. ↑ Nationality Act Article 11.
  42. ↑ Nationality Act Article 19.
  43. ↑ Act Governing Relations between the People of the Taiwan Area and the Mainland Area Article 9-1.
  44. ↑ "Amendments to Immigration Act ease entry and residence requirements for Taiwanese nationals without household registration". Taipei Economic and Cultural Office, Toronto 駐多倫多台北經濟文化辦事處.
  45. 1 2 3 "Immigration Reference Guide for Civil Carriers" (PDF). National Immigration Agency. December 6, 2018. Archived (PDF) from the original on April 2, 2019. Retrieved February 3, 2020.
  46. ↑ Immigration Act Article 8.
  47. ↑ "台湾居民来往大陆通行证签发服务指南" [Application Guidelines for Mainland Travel Permits for Taiwan Residents] (in Chinese). Government of China. May 5, 2019. Archived from the original on February 3, 2020. Retrieved February 3, 2020.
  48. ↑ "Application for an Entry Permit to Visit the Hong Kong Special Administrative Region from Taiwan — One Entry" (PDF). Hong Kong: Immigration Department. April 2014. Archived (PDF) from the original on October 26, 2019. Retrieved February 3, 2020.
  49. ↑ "Application for an Entry Permit to Visit the Hong Kong Special Administrative Region from Taiwan — Multiple Entries" (PDF). Hong Kong: Immigration Department. April 2014. Archived (PDF) from the original on October 26, 2019. Retrieved February 3, 2020.
  50. ↑ "Countries/territories whose passport holders can have Visa-free access to the Macao SAR" (PDF). Macau: Identification Department. June 23, 2013. Archived (PDF) from the original on February 3, 2020. Retrieved February 3, 2020.
  51. ↑ "申办护照、旅行证件所需材料" [Required documents for passport or travel document applications] (in Chinese). Embassy of China in Washington, D.C. December 28, 2018. Archived from the original on February 1, 2020. Retrieved February 1, 2020.
  52. ↑ Regulation (EU) No 2018/1806 Annex II.

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