Taiwan's immigration and labor laws updates in 2023 that could be useful to international students and workers

Taiwan's immigration and labor laws
  • The Gold Card program was initially launched to attract foreign professionals in fields such as science, technology, engineering, and mathematics (STEM), but its success has led to its expansion to other fields. The program has been a popular and effective way for Taiwan to attract and retain talent from around the world.

To apply for a Gold Card, applicants need to meet certain qualifications, including holding a bachelor’s degree or higher, having work experience in a certain field, or holding an internationally recognized professional certification. The Gold Card provides successful applicants with a range of benefits, including a residence visa, work permit, and multiple-entry permit for Taiwan.

In addition to the expansion of the program to include arts, culture, and sports, the government has also announced plans to streamline the application process, making it easier for eligible foreign professionals to apply for and receive a Gold Card. These changes are expected to further enhance the attractiveness of the program and encourage more foreign talent to come to Taiwan.

  • In 2023, Taiwan will introduce new regulations for its working holiday visa program to make it more accessible and attractive to eligible applicants. The program allows young people from certain countries to work and travel in Taiwan for up to one year.

Under the new regulations, the age limit for applicants will be increased from 30 to 35, and the number of eligible countries will be expanded. In addition, working holiday visa holders will be allowed to take on part-time work in addition to full-time work, providing them with greater flexibility during their stay in Taiwan.

The working holiday visa program is a fantastic opportunity for young people to experience Taiwan’s culture, language, and way of life while gaining valuable work experience. It also benefits Taiwan’s economy by providing temporary workers for industries that require labor.

The introduction of the new regulations is expected to make the program even more popular and attract more young people to come to Taiwan. The government is also planning to launch an online application system for the program, making it easier and more convenient for eligible applicants to apply and receive their visas. Overall, these changes are designed to enhance the experience of working holiday visa holders in Taiwan and promote cultural exchange between Taiwan and other countries.

  • Increased penalties for employers who violate labor laws: Taiwan’s labor laws are designed to protect the rights of workers and ensure fair treatment in the workplace. In 2023, the government plans to increase penalties for employers who violate labor laws. This is intended to deter employers from engaging in illegal practices, such as underpaying workers, denying them benefits, or forcing them to work long hours without overtime pay.

Under the new regulations, employers who violate labor laws will face heavier fines and may also be subject to criminal prosecution. The government will also increase the number of labor inspectors and strengthen their enforcement powers to ensure that employers are complying with the law.

These changes are expected to improve working conditions for employees in Taiwan, particularly for those in low-paying or precarious jobs. They will also help to level the playing field for employers who comply with labor laws by ensuring that those who break the law face consequences.

The government has also announced plans to improve labor protections for foreign workers in Taiwan, who may be particularly vulnerable to exploitation due to language and cultural barriers. This includes providing better education and training for foreign workers on their rights and responsibilities under Taiwanese law.

Overall, these changes are designed to promote fair and equitable treatment of workers in Taiwan and to ensure that employers who violate labor laws are held accountable for their actions.

  • Introduction of new measures to combat human trafficking: Human trafficking is a serious issue in Taiwan, particularly in the fishing and domestic work industries. In response to international criticism, the government has announced new measures to combat human trafficking in 2023.

One of the key measures is the introduction of tougher penalties for traffickers. This includes increasing the maximum sentence for human trafficking from seven years to 10 years, as well as introducing heavier fines and asset seizures for those involved in trafficking. These penalties are designed to act as a deterrent to potential traffickers and to ensure that those who are caught face serious consequences.

The government will also increase support for victims of trafficking. This includes providing greater access to legal and social services, as well as strengthening protection measures for victims who testify in court. The government will also increase funding for NGOs and other organizations that work to combat human trafficking and support its victims.

In addition, the government will increase inspections of businesses that are at high risk of employing trafficked workers, such as seafood processing plants and domestic employment agencies. This is intended to identify and prevent trafficking before it occurs, and to ensure that businesses are complying with labor and human rights laws.

These new measures are designed to combat human trafficking in Taiwan and to protect the rights and dignity of its victims. They are an important step forward in addressing a serious human rights issue and promoting a more just and equitable society.

  • Changes to the rules for visa extensions: Taiwan’s current visa renewal process can be time-consuming and costly for international students and workers. In 2023, the government plans to implement changes to the visa extension rules to make it easier for these individuals to stay in Taiwan for longer periods.

One of the key changes is the introduction of longer visa durations. International students and workers will be able to apply for visas that are valid for up to three years, instead of the current one-year limit. This will reduce the administrative burden and costs associated with visa renewals and provide greater certainty for those who wish to study or work in Taiwan for an extended period.

The government will also reduce the paperwork required for visa extensions. Currently, applicants are required to submit a range of documents, including proof of enrollment or employment, financial statements, and health certificates. The new rules will streamline the application process by reducing the number of documents required, and by allowing applicants to submit documents electronically.

In addition, the government plans to introduce a “fast track” system for certain applicants, such as those who are applying for their second or subsequent visa extension. This system will allow these applicants to have their visa applications processed more quickly, reducing the waiting time and administrative burden.

These changes to the visa extension rules are designed to make it easier for international students and workers to stay in Taiwan for longer periods, reduce the administrative burden and costs associated with visa renewals, and streamline the application process. This will benefit both individuals and Taiwan as a whole, by attracting and retaining highly skilled talent and promoting a more diverse and inclusive society.

  • Introduction of a new visa category for start-up entrepreneurs: As part of its efforts to promote innovation and entrepreneurship, Taiwan will introduce a new visa category in 2023 for foreign entrepreneurs who want to start a business in Taiwan.

The new visa category will have lower requirements for investment and job creation compared to existing visa categories for business owners, such as the Employment Gold Card and the Entrepreneur Visa. Specifically, the new visa category will require a minimum investment of NT$1 million (about US$34,000) and the creation of at least one job in Taiwan. This is significantly lower than the requirements for the Entrepreneur Visa, which requires a minimum investment of NT$6 million (about US$204,000) and the creation of at least five jobs in Taiwan.

The new visa category will also be open to entrepreneurs from a wider range of countries. Currently, the Entrepreneur Visa is only available to citizens of a limited number of countries, including the US, Canada, Australia, and New Zealand. The new visa category will be open to entrepreneurs from all countries, subject to the usual background checks and security screenings.

To apply for the new visa category, applicants will need to submit a detailed business plan outlining their proposed venture in Taiwan, as well as proof of their financial resources and relevant experience. The government will also provide support for start-up entrepreneurs, including mentoring, training, and networking opportunities, through its network of start-up accelerators and incubators.

The introduction of the new visa category for start-up entrepreneurs is intended to attract more innovative and entrepreneurial talent to Taiwan, and to support the growth of the country’s start-up ecosystem. By providing easier access to visas and support for new businesses, the government hopes to foster a more dynamic and diverse economy and to strengthen Taiwan’s position as a hub for innovation and entrepreneurship in Asia.

  • Increased penalties for employers who violate labor laws: Despite strong labor protections in Taiwan, some employers have been known to exploit foreign workers by paying less than minimum wage, withholding wages, or subjecting workers to unsafe working conditions. In response, the Taiwanese government will increase penalties for employers who violate labor laws in 2023.

Under the new regulations, employers who violate labor laws will face higher fines, longer business suspensions, and potential criminal charges. The fines for labor law violations will be significantly increased, with employers facing fines of up to NT$2 million (about US$68,000) for each violation. In addition, employers who violate labor laws may face longer business suspensions, with some businesses being forced to close for up to three months.

The government will also increase inspections of businesses that are at high risk of violating labor laws, particularly in industries that are known to be high-risk, such as construction, manufacturing, and caregiving. Inspections will be conducted more frequently, and employers who are found to be in violation of labor laws will be subject to immediate fines and other penalties.

To further protect the rights of foreign workers in Taiwan, the government will also provide increased support for workers who have experienced labor law violations, including legal assistance, counseling, and financial support. The government will work closely with labor unions and other worker advocacy organizations to ensure that foreign workers are aware of their rights and can access the support they need.

Overall, the increased penalties for employers who violate labor laws are intended to protect the rights of foreign workers in Taiwan and to send a strong message to employers who may be tempted to exploit their workers. By increasing inspections, fines, and other penalties, the government hopes to ensure that all workers in Taiwan are treated fairly and with respect, regardless of their nationality or employment status.

  • Introduction of a new program for foreign students: Taiwan is home to a growing number of international students, and in 2023, a new program will be introduced to support their integration into Taiwanese society

 The program will provide language and cultural training, as well as assistance with finding housing and part-time jobs. The program aims to improve the experience of international students in Taiwan and promote cultural exchange between Taiwan and other countries.

  • Introduction of new measures to combat illegal work: Taiwan has a problem with illegal work, where foreign workers work without proper permits or under the table.

In 2023, new measures will be introduced to combat illegal work, including tougher penalties for employers who hire illegal workers and increased inspections of businesses that are at high risk of employing illegal workers. The government will also provide more information and support for foreign workers to help them avoid illegal work and protect their rights. These measures aim to promote a fair and transparent labor market in Taiwan.