If a citizen without household registration gives birth to a child in Taiwan, he or she can directly register as a citizen with household registration.

Feb 22

Children born in China to nationals without household registration can directly go to the household registration office to register their birth and set up a separate household registration for the children, without having to follow the entry-exit and immigration laws and settlement regulations.

If an unregistered citizen wants to register in Taiwan and obtain a national identity card, he must first obtain a settlement certificate in accordance with the provisions of the Entry, Exit and Immigration Act, and then go to the household registration office to apply for initial household registration.

Basically, unless an unregistered national is born to a registered citizen, the unregistered national must stay in the country for 1 year and more than 335 days, or stay in the country for 2 consecutive years and stay for more than 270 days each year, or stay in the country continuously for 270 days or more. Only those who have lived in the country for 5 years and more than 183 days each year can apply for permanent residence.

Therefore, before you are eligible to settle, you still have to stay in Taiwan as an unregistered national for a period of time.

During this period, how should unregistered citizens who have family plans arrange their childbirth? What will be the status of the children?

Nationality of children of unregistered nationals

Article 2, Paragraph 1 of the Nationality Law stipulates that a person whose father or mother is a national of the Republic of China at the time of birth shall have the nationality of the Republic of China. In fact, the determination of nationality under the Nationality Law has nothing to do with the parents’ household registration or place of birth. Therefore, regardless of whether they have household registration or not, as long as one of their parents is a national of the Republic of China, their children will naturally have the nationality of the Republic of China.

Those who fall under any of the following circumstances shall have the nationality of the Republic of China:
1. At the time of birth, one of the parents was a citizen of the Republic of China.
....
(Nationality Act, Article 2, Paragraph 1)

Household registration of children of unregistered nationals

Although children of unregistered nationals do have the nationality of the Republic of China, where the children are born will affect their status in Taiwan.

born in taiwan

According to Article 6 of the Household Registration Law, "Nationals born in the country who are under the age of twelve must have their birth registered. The same applies to undocumented children who have not yet registered their birth." The "nationals" here should refer to children whose father or mother is a national of the Republic of China, and do not exclude children of nationals without household registration. Therefore, children born in China to nationals without household registration can directly go to the household registration office to register their birth, without having to follow the entry, exit and immigration laws and settlement regulations.

In other words, children born in China have never been classified as citizens without household registration. As long as the birth is registered, they will be classified as nationals with household registration.

As for whether both parents have registered a household, whether it is possible to set up a separate household registration for the minor children mainly depends on the fact of residence. If a child lives in the same place with three unregistered national parents, and the parents do not have household registration and cannot be the head of the household, the newborn can be the head of the household to handle birth registration based on the fact of residence.

In addition, when applying for household registration, you must provide housing ownership certificates, housing tax bills or lease deeds and other housing certification documents. If the house is rented, it is recommended to obtain the landlord's consent first. Some landlords do not want tenants to register.

Of course, in this case, the father or mother who is an unregistered national is still an unregistered national. The children will not be registered while the parents can register directly. They still have to settle in accordance with the Immigration and Immigration Law to register.

born abroad

Children born abroad to unregistered nationals are unregistered nationals and must be handled in accordance with the relevant provisions of the Entry, Exit and Immigration Law for settlement.

Basically, if the parents are unregistered nationals with permission to reside, their minors or spouses can apply for residence together (or the parents apply for residence after obtaining the residence permit). Therefore, as long as one of the parents has a residence permit in Taiwan, their children born abroad can , you can still apply for residence and settlement.

However, it must be noted that the regulations for residing with minor children or spouses exclude those without household registration who are residing in Taiwan for reasons such as naturalization of nationality, Article 9, Paragraph 1, Paragraph 3 of the Immigration and Immigration Act, and for reasons such as schooling. national .

If an applicant falls under any of the circumstances specified in paragraphs 1, 2, 4 to 11 of the preceding paragraph, his/her spouse and minor children may apply together, or apply after the applicant obtains the residence permit to enter the country and before the settlement permit. .....
(Article 9, paragraph 2, of the Immigration and Immigration Act)

And the dependent objects of nationals without household registration are only those who have "direct blood relatives, spouses, brothers and sisters, or parents of spouses who currently have household registration in Taiwan." Nationals without household registration cannot rely on direct blood relatives without household registration living in Taiwan. Apply for residence with your loved one.

In other words, if an unregistered national who resides in Taiwan for naturalized nationality or for studying has a child abroad, his or her child cannot apply for residence as an unregistered national .

However, what is strange is that minor children with foreign status can be dependent on unregistered nationals residing in Taiwan. Therefore, in this case, if you want to apply for residence for your children, you can only apply for residence as a foreign minor child and the unregistered national as a dependent. However, if the child does not have foreign nationality (for example, both parents are unregistered nationals of a single nationality), there may be no way to apply for residence for the child.

This means that minor children of foreign nationality have better rights than minor children of non-registered nationals.

In addition, the requirement for minor children to apply for settlement without having to reside for a certain period of time requires that their parents were registered nationals at the time of birth . Therefore, if both parents are not registered at the time of birth, they must wait until one of the parents settles down and registers before their children can apply for residence as dependents on their direct relatives with household registration. And they have to wait until they have stayed for 1 year and stayed for more than 335 days, or stayed for 2 consecutive years and stayed for more than 270 days each year, or stayed for 5 years and stayed for more than 183 days each year, before their children can apply for permanent residence. The children will be without household registration or foreign status for a long time, and may even be unable to reside, which is a very difficult situation.

Therefore, for unregistered nationals residing in Taiwan for reasons of naturalization or schooling, and if both parents are not registered, if they plan to have children, it is strongly recommended to give birth in Taiwan .