Taiwan | Who Does Not Need to Apply for a Work Permit?
Under Taiwan’s current regulations, foreign nationals are generally required to obtain a work permit before engaging in any employment in Taiwan. In other words, a work permit must be applied for and approved by the competent authority before a foreign national may lawfully work in Taiwan. As a general rule, employment is not permitted prior to the approval of the work permit.
For readers who would like a quick overview of how a work permit differs from other entry or residence documents, we recommend referring to our previous article, “Work Permit ≠ Work Visa: A 3-Minute Guide to Key Documents for Working in Taiwan.”
However, according to the Ministry of Labor and relevant regulations, a work permit is not required in all cases. Certain foreign nationals may be exempt from the work permit requirement under the following circumstances:
-
Exemptions Based on Personal Status
In some cases, the exemption is determined by the individual’s legal status rather than the nature of the work performed:
-
Foreign nationals married to a Taiwanese individual with permanent residence in Taiwan, who have been granted lawful residence
-
Individuals holding only a Taiwan passport and without permanent residence in Taiwan
-
Individuals from the Mainland Area who have been approved for spouse-based residency or long-term residency on a case-by-case basis
|
-
Academic, Research, or Advisory Roles
Foreign nationals engaged in specific academic, research or advisory activities may also be exempt:
-
Foreign nationals employed by government authorities at any level, or by their affiliated academic research institutions, to serve as consultants or researchers
-
Foreign nationals employed by a public or duly registered private college/university to conduct lectures or academic research approved by the Ministry of Education
|
-
Entry Visas That Are Deemed as Work Permits
In some situations, the entry visa itself is treated as a work permit:
Working Holiday participants: Where an entry visa is granted on the basis of an international written agreement that specifies permission to work, the number of participants, and the permitted period of stay, the entry visa shall be deemed a valid work permit, even if employment is not the primary purpose of entry into Taiwan
-
Short-Term, Purpose-Specific Work (Up to 30 Days)
For foreign nationals holding a Taiwan visa or entry permit with a permitted stay of 30 days or less, the entry visa/permit may be deemed as a work permit if the individual engages in one of the following activities:
-
Work performed for the purpose of fulfilling a contract, with a duration not exceeding 30 days
-
Specialized or technical work required to assist in resolving emergency situations for public welfare purposes
-
Speeches or commercial technical advisory work conducted by well-known experts recognized by central competent authorities, or invited by colleges or universities, government agencies, or affiliated academic research institutions
-
Engaging in non-profit artistic or cultural performances, or sporting events, at the invitation of central competent authorities
|
-
Short-Term Professional Activities with Specific Credentials (Up to 90 Days)
Foreign nationals holding an Academic and Business Travel Card issued by the National Immigration Agency may engage in professional activities such as lectures or technical guidance. Where the stay does not exceed 90 days, the entry visa or permit is deemed to function as a work permit.
If none of the situations above apply, a work permit is generally required before a foreign national can legally work in Taiwan. For this reason, both foreign nationals and employers are encouraged to confirm in advance whether an exemption applies and which rules are relevant to their case, in order to avoid compliance issues arising from incorrect assumptions.
Reference: Under what circumstances will an application for work permit not be needed?
KNOWLEDGE
