萬國法律事務所

Amendments to the Act for the Recruitment and Employment of Foreign Professionals, drawn up by the National Development Council (“NDC”), were approved by the Legislative Yuan on 18 June 2021.

The amendments aim to attract and retain more international professional talent in Taiwan by easing the qualification criteria and regulations that were originally in place. According to the National Development Council (NDC), the three main points of the amendment are (i) expansion of the scope of foreign professionals, (ii) relaxation of current provisions on residency, and (iii) extension of social protection for and tax concessions available to foreigners.

The amendment adds national defense to the current list of expertise applicable to foreign professionals, which expertise includes and covers technology, economics, education, culture and arts, and sports. Per the amendment, the requirement of at least two years' of work experience is removed for graduates of the world's top universities as announced by the Ministry of Education. Also, foreign professionals who are hired by the Government as researchers or consultants or by universities as researchers, lecturers, or professors do not need to apply for work permits.

In addition, foreign professionals and their dependent relatives are now able to enter Taiwan with a visa exemption or visitor visa, and can directly apply for an Alien Residence Certificate without having to first apply for and obtain a resident visa. The amendment also makes it easier for qualifying foreign nationals to obtain permanent residency in Taiwan by relaxing the requisite duration of residence to three years (as compared to the previously required five years) while meeting at least four requirements, such as but not limited to having no criminal record and having reached the age of majority. Further, the dependents of foreign professionals who have obtained permanent residency do not need to seek permission from the Ministry of Education or the Ministry of Labor when applying to work in Taiwan.

Last but not least, the amendment also provides health insurance to foreign special professionals, foreign senior professionals, as well as their dependent relatives who meet the criteria for being insured as employers or self-employed business owners. After the amendment, these groups are now able to enroll in the National Health Insurance system without having to await the passage of six months, as had previously been required.