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Ethnic Chinese Students Studying in Taiwan Operational Manual for Reviewing Work Permit Application of Foreign, Overseas Chinese and

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L-109-V01

Published in January 2020

Operational Manual for Reviewing Work Permit Application of Foreign, Overseas Chinese and

Ethnic Chinese Students Studying in Taiwan

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1

Contents

1. Items of Student Work Permit ... 2

2. Qualifications of Application ... 2

3. Documents for Application ... 5

4. Other Regulations ... 6

Manual Instructions:

This operational manual was published to make information public and improve the

transparency of reviewing operation. It is compiled in accordance with relevant Laws

and Regulations, but the reviewing criteria are still subject to the recent Laws and

Regulations. In order to flexibly response various categories of application, it will be

continuously added and revised then announced for any incomplete issue.

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2

Category L (Part-time job for overseas Chinese, ethnic Chinese and foreign students studying in Taiwan) – submitted by overseas Chinese, ethnic

Chinese and foreign students

1. Items of student work permit (please check by actual circumstance):

(1) Status of overseas Chinese student (code 01): overseas Chinese student enrolled in accordance with Regulations on Study and Counseling Assistance in Taiwan for Overseas Chinese Students.

(2) Status of ethnic Chinese student (from Hong Kong or Macau or overseas youth vocational training school (code 02): 1. Ethnic Chinese student from Hong Kong or Macau enrolled in accordance with Regulations on Study in Taiwan for Residents from Hong Kong or Macau. 2. Students enrolled in vocational training courses organized by the competent authority in charge of foreign affairs or overseas affairs.

(3) Status of foreign student (code 03): foreign student enrolled in the public or registered private colleges or universities (universities and two-year colleges) in accordance with Regulations on Study in Taiwan for International Students.

2. Qualifications Serial

No. Item Relevant Regulations Examination Principles

1 Overseas Chinese student

1. Overseas Chinese students enrolled in the public or registered private senior high schools or above

according to Subparagraph 2, Article 50 of Employment Service Act.

2. According to Paragraph 1, Article 32 of Regulations on the Permission and Administration of the

Employment of Foreign Workers, overseas Chinese students shall meet the student status regulated in the Regulations on Study and Counseling Assistance in Taiwan for Overseas Chinese Students.

The overseas Chinese students include degree seeking students and those who are enrolled at Division of Preparatory Programs for Overseas Chinese Students in National Taiwan Normal University.

2 Ethnic Chinese student (from Hong Kong or Macau or overseas youth vocational training school)

1. Ethnic Chinese students enrolled in the public or filed private senior high schools or above according to Subparagraph 2, Article 50 of Employment Service Act.

2. According to Paragraph 2, Article 32 of Regulations on the Permission and Administration of the Employment of Foreign

Workers, overseas Chinese students

The overseas Chinese students include degree seeking students and those who are enrolled at Division of Preparatory Programs for Overseas Chinese Students in National Taiwan Normal University and vocational training courses organized by the competent authority in charge of foreign affairs or overseas affairs.

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3 Serial

No. Item Relevant Regulations Examination Principles

shall meet one of the following requirements: (1) students regulated by the Regulations on Study in Taiwan for Residents from Hong Kong or Macau. (2) Students enrolled in vocational training courses organized by the competent authority in charge of foreign affairs or overseas affairs.

3 Foreign student 1. Foreign students enrolled in the public or registered private colleges or universities according to

Subparagraph 1, Article 50 of Employment Service Act.

2. According to Article 30 of

Regulations on the Permission and Administration of the Employment of Foreign Workers, foreign students shall meet the foreign student status regulated in the Regulations on Study in Taiwan for International Students.

3. According to Article 31 of

Regulations on the Permission and Administration of the Employment of Foreign Workers, should a foreign student been officially enrolled in a school to take courses in a division, department or graduate institute thereof or to take language course(s) for one year or more, and should the school where he/she is enrolled acknowledge the existence of any of the following factual situations, the said foreign student may engage in jobs relevant to the course(s) he/she has take and the language he/she has learned:

(1) It is proven by concrete evidence that the financial situation of the said foreign student is unable to

continuously sustain his/her

1. Foreign students include degree seeking students, those who study Chinese at language center of college or university in Taiwan and exchange students (Limited to the learners who have studied in Taiwan for one year).

2. The college or university refers to universities and two-year colleges.

Those foreign students at grade 4 or above in the five-year colleges shall submit employment

application as students in the two-year colleges.

3. According to Article 10 of the Regulations on Study in Taiwan for International Students., international students may not apply for Extension Programs at universities/colleges designed for returning education students, continuing education of Master programs, or other programs which are restricted to night classes and classes during holidays. International students who have obtained legal resident status of Taiwan or are enrolled in a program ratified by this Ministry are exempted from this Article.

4. Those students who come to Taiwan for Chinese study at language center in universities or colleges shall take language

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4 Serial

No. Item Relevant Regulations Examination Principles

studies and cost of living.

(2) The teaching or researching unit of the school where the said foreign student is enrolled is in need of his/her assistance and participation in teaching or researching work.

(3) The said foreign student has to engage in off-campus practical training related to the

course(s) he/she is taking.

4. Foreign students who meet one of the following qualifications are not restricted by the provisions as referred to in the preceding paragraph:

(1) Foreign students with exceptional specialty in a foreign language, with the ad hoc approval by the Ministry of Education, after his/her enrollment in the school, to work on a part-time basis as a teacher in that language in a subsidiary language center affiliated with a

University/College or with a foreign culture and education organization stationed in the Republic of China.

(2) Foreign students enrolled in a graduate institute and have been approved by the school where the said foreign students are enrolled in to conduct relevant research work.

courses more than one year to submit application.

5. Foreign students should apply for a work permit after getting the permission and recognition of the current school that he/she meets one fact of the 31st Article of Regulations on the Permission and Administration of the

Employment of Foreign Workers.

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5 3. Documents for application

Serial

No. Documents Review Principles Notices

1 Original receipt of reviewing fee

1. The receipt may be

exempted. However, it shall be subject to the case and overseas Chinese and foreign students may be asked to attach it. (Announcement No. 10405118501 on 23 September 2015 by Ministry of Labor)

2. Reviewing fee is NTD$100.

1. NT$100 while applying or reissuing a work permit.

2. Those who apply for information change do not need to pay reviewing fee. Those who withdraw application will not be refunded.

3. Those who overpay or underpay reviewing fee or do not pay it at post office will be asked to repay it in accordance with

regulations.

4. Refund method for overpaying (or mis-paying) exam fee: over- sea Chinese or foreign student should fill in the refund application and attach original receipts of overpayment (mis-payment), descriptions of the reason for refund, and so on to apply for a refund.

2 Application form 1. The field in the application form such as application category, application type, name of applicant, gender, nationality, passport number, residence certificate number, birth date, contact phone number, enrolled school, department and grade, address, period of

employment application are required to fill out.

2. Applicant shall sign and seal in person.

3. The seal of school

counselling unit and officer shall be affixed (the

counselling unit incudes

1. The school will be asked for verification of identity of overseas Chinese and foreign student if there is any doubt.

2. The field of signature and seal of head of school counselling unit in the application form shall not be affixed on behalf of school clerk without authorization of unit head. “PP” shall be noted beside seal if this field was affixed by school clerk or staff.

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6 Serial

No. Documents Review Principles Notices

department, student counselling unit and administrative unit.

3 Photocopy of passport

1. The passport shall still be valid at the commencement date of employment application.

2. The information page and signature page shall be complete, clear and identifiable.

3. It is not admitted for the resident of mainland China to work in Taiwan except those from Hong Kong and Macau.

In case of a passport renewal, the applicant should also provide both old and new passports so as to facilitate the check and changes.

4. Other Regulations Serial

No. Item Relevant Regulations and

Description Notice

1 Declaration of picking up in person

For those trying to get the form in person, please go on line to click the button of “Pick it Up in Person” on “Way of receiving the official document”; or, fill in a declaration of getting forms in person, and take it to the counter of the Ministry of Labor (MOL) personally; do not send it by registered mail.

For getting forms personally, the applicant himself/herself or agent should go to the MOL counter (10F, No. 39, Sect. 1, Zhonghua Road, Zhongzheng District, Taipei) to get the application form in person. The applicant should get the application form when providing the original receipt of picking it up in person.

2 Principle of affixing with seal

For the copied document attached in the application, the words of

“in conformity with the original”

shall be noted with the seal or signature of applicant.

3 Discretion standard for validity of work permit

1. The validity of work permit applied at the first semester is 31 March at the second semester. The validity of work permit applied at the second

1. The part-time job of overseas Chinese ethnic Chinese and foreign student shall meet Paragraph 1, Article 34 of Regulations on the Permission and Administration of

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7 Serial

No. Item Relevant Regulations and

Description Notice

semester is 30 September at the same year.

However, the following circumstances are not subject to it:

(1) The shorter period of work permit shall be taken precedence.

(2) If the period of work permit will cover two semesters, and the school presents registration seal

(registration certificate) of the next semester under application period, the longest approved period is still 6 months.

2. The validity of permit for new graduate of high school and university (graduate with postpone graduation included) is 30 June at the year.

However, it can be extended to 30 September for one of the following events:

(1) New graduate or graduate with postpone graduation requires summer courses or postpone graduation with relevant certificate issued by the relative school authority or the department (graduate school) and describe the reasons.

(2) Those oversea Chinese and foreign students who pass the entrance exam of college or graduate

the Employment of Foreign Workers that the validity of work permit(s) of type C foreign worker(s) shall not be longer than six months.

2. Oversea Chinese and Ethnic Chinese students studying in public or private high school should apply for a work permit after the semester begins. Their registration should be recognized based on the audit result examined by the school. According to Article 3 of “Regulations of school year, semester and holidays for students in various schools”, the first semester is from Aug. 1 of the following year, while the second semester is from Feb. 1 to July 31.

3. Graduates who pass the entrance exam of college or graduate school and apply for extension until September 30 still should hand in the application to the original school they graduated from.

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8 Serial

No. Item Relevant Regulations and

Description Notice

school after graduate should also provide a certificate signed by the school to prove he/she has completed the registration

procedure.(without distribution notice) 3. The validity of application

for new graduate of Master program (grade 4) and Ph.D.

program (grade 7) is 31 July at the same year.

4. The license of the last permitted work deadline among oversea Chinese youth principally should be issued by the Overseas Chinese Affairs Commission according to the business introduction of the admission school in Overseas Youth Technical Training Course.

5. The “registration period” on the back of student ID of language center shall be the basis of application period.

4 Weekly working hours

The part-time job of overseas Chinese, ethnic Chinese and foreign student shall meet Article 50 of Employment Service Act that with the exception of the winter and summer vacations, their sum of working hours shall not exceed 20 hours per week.

5 Electronic service Measures for delivering work permit letters by electronic service have been put into practice from Jan. 1, 2020.

Oversea Chinese and foreign students should go on the website

1. For those who “disagree”, the work permit letter will be sent by mail after the application is approved by the MOL.

2. After the MOL informs by email, Chinese youth and foreign students should go to the website

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9 Serial

No. Item Relevant Regulations and

Description Notice

“EZ Work Permit”

(https://ezwp.wda.gov.tw/) to

“agree” to this kind of delivery.

After permission by the MOL, the applicant should directly go to the applied website to receive the work permit letter.

“EZ Work Permit” to receive it in 8 days. Or, the system will close the function of “receiving electronic document”, and directly send the paper version to the school where the applicant studies.

3. After agreeing to receive electronic delivery, the applicant can further choose the function of

“mobile review device”. When the device uploads, the screen will show a QR code to let the employer scan the verification to identify authenticity. When the device is laid horizontally, the screen will display information about work permits for

employers to check.

參考文獻

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