Hiring Foreign Employees in Taiwan: Visa and Work Permit Requirements

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Key Takeaways:

Work visa options for foreign employees
Employer’s responsibilities for hiring foreign workers
Application process, fees, and timeline
Key compliance considerations

Introduction

Introduction to Taiwan’s thriving economy and the need for foreign talent, along with a breakdown of the visa and work permit requirements.

Types of Work Visas in Taiwan

Taiwan offers several visa options for foreign professionals, depending on the individual’s qualifications, job role, and purpose of stay. The two most prominent options for foreign employees are the Employment Gold Card and the Work Permit for Foreign Professionals. Each visa type has specific eligibility criteria and application processes.

1. Employment Gold Card

The Employment Gold Card is a relatively new visa type introduced by the Taiwanese government to attract top-tier international talent. This visa combines a work permit, residence visa, and re-entry permit into one card, providing flexibility and ease for highly skilled foreign professionals.

Who is eligible?

The Employment Gold Card is designed for highly skilled professionals in fields such as technology, finance, education, culture, and sports. Applicants must demonstrate significant achievements or qualifications in their field, making it an excellent option for foreign experts and entrepreneurs seeking employment or business opportunities in Taiwan.
Benefits of the Employment Gold Card:

The Gold Card allows holders to work in Taiwan without the need for employer sponsorship, providing more freedom to change jobs or engage in multiple forms of employment. It is valid for one to three years, and the holder can apply for permanent residency after three years of continuous residence.

2. Work Permit for Foreign Professionals

For foreign professionals who do not qualify for the Employment Gold Card, the Work Permit for Foreign Professionals is a standard option. This work permit is tied to a specific employer and job position, requiring employer sponsorship for the application process.

Who is eligible?

Foreign professionals working in specialized fields such as engineering, IT, finance, research, or education are eligible for the work permit. To qualify, the foreign employee must have a valid job offer from a Taiwanese employer, and the position must require skills that are not readily available in the local labor market.
Duration and Renewal:

The work permit is generally issued for up to three years, depending on the employment contract. It can be renewed if the foreign employee continues to meet the eligibility requirements and maintains employment with the sponsoring company.

Employer’s Role in Hiring Foreign Workers

When hiring foreign workers, employers in Taiwan are responsible for sponsoring the work permit application and ensuring compliance with local labor and immigration laws. Employers must provide key documents and follow specific procedures to secure work permits for foreign employees.

Sponsorship Requirements and Necessary Documents

Employers play a critical role in the visa and work permit process by acting as the sponsor for their foreign employees. This requires submitting specific documentation to the relevant authorities and ensuring that all criteria are met for the work permit to be approved.

Job Offer and Employment Contract:

Employers must issue a formal job offer and employment contract that outlines the foreign employee’s role, salary, and length of employment. These documents are essential for the work permit application process.
Proof of Company Registration:

The sponsoring company must provide proof of legal registration in Taiwan, including the company’s business license and tax records. This ensures that the employer is authorized to hire foreign workers.
Support for the Application Process:

Employers must assist foreign employees in gathering the required documentation, including academic qualifications, proof of work experience, and medical certificates, to complete the work permit application.

Application Procedures for the Employment Gold Card and Work Permits

The application process for the Employment Gold Card and standard work permits differs slightly. While the Gold Card offers more flexibility and is applied for directly by the foreign worker, the work permit process is employer-driven and requires sponsorship.

Employment Gold Card Application Process:

Foreign professionals can apply for the Employment Gold Card online without employer sponsorship. The application requires proof of qualifications, achievements in the relevant field, a valid passport, and supporting documentation. The application is submitted through Taiwan’s National Immigration Agency, and processing typically takes 30 to 60 days.
Work Permit Application Process:

For standard work permits, the employer submits an application to the Ministry of Labor in Taiwan. The required documents include the job offer, employment contract, proof of the employee’s qualifications, and company registration documents. Once the work permit is approved, the employee can apply for a residence visa and enter Taiwan for employment.

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Step-by-Step Guide to Work Permit Application

Securing a work permit for foreign employees in Taiwan involves a multi-step process that includes both the employer and the foreign worker. Below is a detailed guide to obtaining work permits and visas in Taiwan.

Step-by-Step Instructions for Obtaining Work Permits and Visas

Secure a Job Offer or Business Opportunity:

The first step is for the foreign worker to secure a job offer from a Taiwanese employer (for work permits) or meet the qualifications for the Employment Gold Card.
Submit the Work Permit Application (for standard work permits):

The employer submits the work permit application to the Ministry of Labor, along with supporting documents such as the employment contract, proof of company registration, and the foreign worker’s qualifications.
Apply for the Employment Gold Card (if applicable):

Highly skilled professionals applying for the Employment Gold Card can submit their application online. Required documents include proof of professional qualifications, passport information, and evidence of achievements in the applicant’s field.
Receive Work Permit or Gold Card Approval:

The processing time for standard work permits is typically 10 to 15 business days, while the Employment Gold Card may take up to 60 days for approval. Once approved, the foreign worker can proceed to the next step.
Apply for the Visa and Travel to Taiwan:

After receiving the work permit or Gold Card approval, the foreign employee applies for a visa at the nearest Taiwanese embassy or consulate. Once the visa is issued, the employee can travel to Taiwan to begin employment.
Register with Local Authorities:

Upon arrival, the foreign employee must register with the local immigration office and apply for an Alien Resident Certificate (ARC) within 15 days of arrival. This certificate serves as the foreign worker’s identification and proof of legal residency in Taiwan.

Fees, Processing Times, and Required Documents

Processing Times:

The processing time for work permits is generally 10 to 15 business days, while the Employment Gold Card can take 30 to 60 days. Visa applications typically take 5 to 10 business days to process once the work permit or Gold Card is approved.
Fees:

The application fees for work permits and visas vary depending on the visa type and the number of entries. Work permit application fees typically range from TWD 1,500 to TWD 3,000 (USD 50 to USD 100), while the Employment Gold Card costs approximately TWD 10,000 to TWD 15,000 (USD 350 to USD 500).
Required Documents:

In addition to the job offer or proof of qualifications, applicants must provide:
- A valid passport
- Completed application forms
- Recent passport-sized photos
- Medical certificates (if required)
- Proof of qualifications or professional achievements

Compliance with Taiwanese Labor and Immigration Laws

Employers in Taiwan must adhere to strict labor and immigration laws when hiring foreign workers. This includes ensuring fair treatment, maintaining accurate employment records, and meeting quotas for foreign employees.

Maintaining Compliance with Taiwan’s Labor Laws and Foreign Employee Quotas

Taiwan has regulations in place to protect both local and foreign workers. Employers must comply with labor laws, which include providing fair wages, benefits, and safe working conditions for all employees, regardless of nationality.

Labor Market Testing:

For certain work permits, employers may need to prove that the job position cannot be filled by a local worker. This is done through labor market testing, where the employer advertises the job locally before offering it to a foreign employee.
Foreign Employee Quotas:

Taiwan imposes quotas on the number of foreign workers that companies can hire, particularly in industries where there is high competition for jobs. Employers must ensure that they do not exceed the allowable number of foreign employees and that they meet all legal obligations for the employment of foreign workers.
Equal Treatment of Foreign Workers:

Employers are required to provide foreign employees with the same rights and benefits as local workers. This includes ensuring fair wages, providing access to social security and health benefits, and complying with labor standards for working hours and safety.

How AYP Can Help

Navigating Taiwan’s visa and work permit requirements can be a complex and time-consuming process for businesses. AYP offers comprehensive Professional Employer Organisation (PEO) and Employer of Record (EOR) services in Taiwan, helping businesses streamline the process of hiring foreign employees and ensuring compliance with local laws.

With AYP’s services, we manage the entire visa and work permit process, from submitting applications to handling compliance with Taiwanese labor laws. Our team ensures that businesses can focus on their operations while we take care of the administrative complexities involved in hiring and onboarding foreign talent.