Once your marriage is registered in Taiwan, the next question is practical: on what basis can you live here, and for how long? Registering the marriage does not by itself give you residence. The resident visa and the Alien Resident Certificate (ARC) come through a separate immigration process.
This column follows that process for the foreign spouse of a Taiwanese national who has household registration in Taiwan: getting the ARC, extending it, and what happens if your spouse dies or you divorce. How to register the marriage itself is covered in Marrying a Taiwanese National: A U.S. Citizen's Registration Checklist.
What residence status does a foreign spouse get?
Article 23 of the Immigration Act, paragraph 1, item 1, allows a foreigner whose spouse lives in Taiwan with household registration to apply for residence. The National Immigration Agency's residence application guidance says the proof of relationship must show that the marriage has been registered at a Taiwan household registration office, for example the spouse's national ID card or household register. So the marriage registration comes first.
How you apply depends on where you are:
- Outside Taiwan: apply to the Bureau of Consular Affairs or a Taiwan mission for a resident visa as a spouse. The documents are listed on the Bureau of Consular Affairs page.
- Already in Taiwan on a visa: if you entered on a visa allowing a stay of 60 days or more, with no "no extension" or similar restriction, Article 23 lets you apply to the Immigration Agency directly. If you entered visa-free, note that the agency's guidance lists people who obtain a new resident visa from the Bureau of Consular Affairs after entry among those who may apply for an ARC, so check with the Bureau first.
- Already holding an ARC for work or study: Article 23-1 allows you to change the basis of your residence to marriage.
If you enter on a resident visa, Article 22(2) requires you to apply for the ARC within 30 days, counted from the day after entry. The agency's guidance adds that for a foreign spouse's first ARC, or when changing the basis of residence to marriage, the Taiwanese spouse must attend, and the first ARC is issued for one year.
Can I work on a spouse ARC?
Yes, once residence is granted. Article 48(1)(2) of the Employment Service Act says an employer does not need a work permit to employ a foreigner who is married to a national with household registration in Taiwan and has been granted residence. The exemption depends on the residence grant, so it does not apply while you are still waiting for it.
How do I extend my residence?
Under Article 31, paragraphs 1 and 2, you apply for an extension before your residence expires; an approved extension runs from the day after the old expiry date for up to three years. The agency's guidance says to apply within the three months before expiry.
Two other rules in the same article are worth knowing. If you overstay by less than 30 days and the original basis still exists, paragraph 3 lets you apply for residence again after paying the fine, but one year is deducted from your residence period if you later apply for permanent residence. And under the last paragraph, a change of address or workplace must be reported within 30 days, counted from the day after the change.
What happens if my spouse dies or we divorce?
Article 31(4) says that if the basis of residence ceases during the residence period, the agency revokes the residence permit and cancels the ARC. For a spouse-based ARC, death or divorce can end that basis. The same paragraph then lists situations in which the agency may allow you to stay:
- The family member you joined, here your spouse, has died.
- You were the spouse of a national with Taiwan household registration, divorced because of domestic violence, and have not remarried.
- After divorce, you actually raise, exercise parental rights and duties over, or have contact with a minor child who has Taiwan household registration.
- Being forced to leave after revocation would risk serious and irreparable harm to a minor child with Taiwan household registration.
- Labour-dispute proceedings involving you and a Taiwan employer are ongoing.
- You are still being treated for an occupational injury.
- You are a victim or witness in a criminal case and a prosecutor or judge finds that your attendance or testimony helps the investigation or trial.
- You are barred from leaving Taiwan under Article 21(1).
- After divorcing your Taiwanese spouse, you remarry the same person within 30 days.
The article says the agency "may" allow continued residence, so it is not automatic; you need to explain your situation and provide evidence. If you are allowed to stay under item 3 or 4, paragraph 5 says the agency may still allow you to stay after the child becomes an adult. Periods of residence granted under items 5 to 8 do not count toward permanent residence under the proviso to Article 25(1).
For the divorce itself and arrangements for children, see divorcing a Taiwanese spouse by agreement, divorcing while you live abroad and planning your child's life across two countries.
Do the same rules apply to spouses from mainland China?
No. Spouses from mainland China fall under Article 17 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, not the Immigration Act. The stages and time periods differ, so check that statute and the agency's guidance for mainland spouses rather than applying this column.
When can I think about permanent residence?
Article 25(1) has an ordinary route of five continuous years of lawful residence with at least 183 days in each year. Joined to it by "or" is an alternative route: the foreign spouse of a national with Taiwan household registration may also apply after at least 10 years of lawful residence, including 5 years with at least 183 days of residence each year. So a spouse does not necessarily have to wait 10 years; confirm which route fits your case with the National Immigration Agency or an attorney. A spouse is exempt from the requirement to have sufficient assets or skills to be self-supporting. The other conditions and documents are covered in when you can apply for an APRC in Taiwan.
Contact
When you email Attorney Wei Tseng (曾雋崴) at Hovering International Law Firm, briefly give both spouses' nationalities, the date your marriage was registered in Taiwan, your current visa or ARC and its expiry date, and, if your circumstances have changed, the date of the death or divorce and whether any child has Taiwan household registration. She will explain how to send sensitive family records. This column is general information; individual outcomes depend on the documents and on the agency's decision.
Email: wei@hoveringlaw.com.tw · Address: 7F-2, No. 35, Sec. 1, Chengde Rd., Datong Dist., Taipei City 103, Taiwan (103 臺北市大同區承德路一段35號7樓之2)
Official sources
- Immigration Act, Art. 22, Art. 23, Art. 23-1, Art. 25, Art. 31
- Employment Service Act, Art. 48
- Act Governing Relations between the People of the Taiwan Area and the Mainland Area, Art. 17
- National Immigration Agency: foreigners' residence, extension and change of basis
- Bureau of Consular Affairs: documents for a foreign spouse's resident visa
Checked: September 29, 2026
Frequently Asked Questions
- How soon after arriving must I apply for my ARC?
- If you entered on a resident visa, apply to the National Immigration Agency for an Alien Resident Certificate within 30 days, counted from the day after entry (Immigration Act, Article 22(2)). The agency's guidance says that for a foreign spouse's first ARC the Taiwanese spouse must attend with you, and the first card is issued for one year.
- Can I work in Taiwan on a spouse ARC?
- Yes. Article 48(1)(2) of the Employment Service Act says no work permit is needed to employ a foreigner who is married to a national with household registration in Taiwan and has been granted residence.
- Do I have to leave Taiwan if we divorce?
- Not necessarily, but the default is that residence ends when its basis ends. Article 31(4) of the Immigration Act lists situations where the agency may let you stay, including the death of your spouse, a divorce caused by domestic violence where you have not remarried, and caring for or having contact with a minor child who has Taiwan household registration. The agency decides each case.
This article provides general information and is not legal advice on any individual matter.
