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Reimagining Taiwan's Immigration Framework: The Need for Equality, Inclusion, and Reciprocity

Reimagining Taiwan's Immigration Framework: The Need for Equality, Inclusion, and Reciprocity

Source:Pei-Yin Hsieh

In this op-ed, author Tim Chen addresses Taiwan's labor shortage and advocates for a modern immigration policy as a solution. With a low birth rate and a need for a larger workforce, Chen emphasizes the urgency of embracing immigration to ensure Taiwan's long-term prosperity.

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Reimagining Taiwan's Immigration Framework: The Need for Equality, Inclusion, and Reciprocity

By Tim Chen
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Currently, Taiwan faces a significant labor shortage across various industries. Relying solely on Taiwanese to be fruitful and multiply has proven insufficient. Additionally, the birth of 138,000 infants in 2022, while significant, is not enough to address this challenge. In light of these circumstances, Taiwan must not only focus on using AI to automate services but also establish a modern immigration policy to ensure sustainable development.

We respectfully urge you, upon your successful election, to assume the responsibility of instructing your government to embrace the principle of equal reciprocity in naturalization. This approach would grant foreign residents with established residency the opportunity to acquire household registration and be treated as quasi-citizens. We firmly believe that adopting these measures is imperative to retain Taiwan's talent and secure the long-term stability of our beloved nation.

Equal Reciprocity in Naturalization:

Presently, when Taiwanese citizens seek naturalization in foreign countries, they generally retain their Taiwanese citizenship unless the host nation imposes specific regulations requiring them to renounce their Taiwanese nationality. This effectively allows them to hold dual citizenship. However, when foreign nationals embark on the journey to naturalize in Taiwan, with limited exceptions, they are obligated to renounce their original nationality. Failure to do so may result in the Taiwanese government revoking their Taiwanese citizenship.

The process of renouncing one's original nationality is a complex and protracted endeavor. To illustrate, consider the example of my wife Dorota, a citizen of Poland, who must personally appeal to the President of Poland and await presidential decrees for the renunciation to take effect. The approval rate for such requests is exceedingly low. Moreover, certain countries impose substantial "exit taxes" on those relinquishing their citizenship to mitigate potential tax evasion, thereby discouraging many eligible foreigners from pursuing Taiwanese citizenship.

To retain foreign talent, we advocate for the adoption of a policy based on equal reciprocity. In instances where an applicant's country of origin permits dual citizenship, Taiwan should likewise permit them to maintain their original nationality upon naturalization. For countries that do not permit dual citizenship, such as China, Taiwan can adhere to existing regulations, mandating that applicants renounce their original nationality within a year, lest their Taiwanese citizenship be rescinded.

Quasi-Household Registration for Foreign Residents:

Household registration holds paramount importance for individuals residing in Taiwan, facilitating various essential activities such as education, employment, marriage, taxation, banking services, mobile phone subscriptions, credit card applications, and driver's license acquisition, among others. Regrettably, my wife's situation serves as a poignant example of an enduring issue: despite her 30-year residence in Taiwan and our 27-year marriage, her name remains conspicuously absent from our household registration. As our children have matured and established their own households, our family's household registration now lists only my name, a situation that is profoundly disheartening.

Conversely, Japan provides a compelling example of a more inclusive approach. All foreign residents living in Japan, even those holding one-year working holiday visas, must, upon entry, register their residential address at the local municipal office within two weeks. They then obtain a resident certificate as proof of their residency in the area. They enjoy equal treatment with Japanese citizens residing in the same region, sharing both tax obligations and social welfare rights. Taiwan should also include residents with valid residency permits in a quasi-household registration system to prevent nearly 4% of the foreign population from becoming "ghost residents."

Equitable Treatment of Permanent Residents:

In recent years, the Taiwanese government has launched initiatives such as the Employment Gold Card to attract foreign talent. These programs allow eligible individuals to apply for permanent residency after three years of residence. However, the distinction between permanent residency and regular residency is negligible, except for the substantial threefold increase in fees and the elimination of the requirement to renew the residency permit every three years. In practice, individuals with permanent residency in Taiwan, regardless of their length of stay or contributions to the country, encounter difficulties when seeking disability certificates, employing foreign caregivers, accessing public transportation discounts for individuals with disabilities, or receiving health insurance coverage for disability-specific medications or treatments.

A pertinent contrast can be drawn from Japan's approach, where local governments distribute pandemic-related assistance and care services impartially to all foreign residents, irrespective of their nationality. Furthermore, the criteria for evaluating eligibility for other policy-related benefits, such as the acquisition of electric vehicles, installation of charging stations, adoption of energy-efficient furniture, or procurement of waste disposers, consider factors such as tax payment history or any outstanding tax obligations, applying these criteria equally to Japanese and foreign nationals.

Citizenship for Those Born in Taiwan:

Each year, approximately a thousand children are born to foreign mothers within Taiwan's borders. Regrettably, the existing provisions of Article 2, Paragraph 1, Subparagraph 3 of the Nationality Act stipulate that only children born to parents "neither of whom has a known nationality" can acquire Taiwanese nationality. This regulatory framework not only complicates the adoption of children born to foreign mothers in Taiwan but also mandates the expulsion of all foreign-born children when they reach the age of 18. Despite the government's substantial investment in their education through 12 years of compulsory schooling, these individuals are subsequently compelled to depart from Taiwan, a paradoxical situation.

In light of these circumstances, we propose the removal of the latter part of Article 2, Paragraph 1, Subparagraph 3 of the Nationality Act. This adjustment would enable all individuals born in Taiwan to obtain Taiwanese nationality, irrespective of their parents' nationality.

Elimination of All Forms of Discrimination:

Historically, government policies have discriminated against long-term foreign residents in Taiwan. Forcing naturalized citizens to renounce their original nationality ran counter to the Convention on the Reduction of Statelessness and international principles of equal reciprocity. Likewise, denying Taiwanese nationality to children born to foreign mothers in Taiwan contravened the Convention on the Rights of the Child. Penalizing those without household registration, resulting in their exclusion from essential public services, violated the International Covenant on Civil and Political Rights. Further, withholding disability certificates and disability-specific treatments from individuals without household registration was inconsistent with the Convention on the Rights of Persons with Disabilities. Additionally, the exclusive issuance of disability certificates to Japanese nationals represented a violation of the International Convention on the Elimination of All Forms of Racial Discrimination.

In conclusion, we respectfully beseech you to read this letter with empathy, recognizing the challenges faced by Taiwan's 800,000 foreign residents. We implore you to pledge to implement a progressive immigration policy that will not only uphold Taiwan's status as a beacon of Asian democracy and pluralistic values but will also set a standard for inclusive policies. Whether newcomers or long-time residents, let us collectively strive for the sustainable development and economic growth of our nation.

(This piece reflects the author's opinion, and does not represent the opinion of CommonWealth Magazine.)

The CommonWealth English website and CommonWealth Magazine's Independent Opinion (獨立評論) continue to accept op-eds for the new president. Please follow this link for more info. 


About the author:

Tim Chen is the Deputy Chair of Crossroads Taiwan. He has also been a board member of GHEC (Global Home Education Conference) Advisory Board since 2016. 


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