Fired in Taiwan? Part 2: The "Visa Clock": Do You Have 60 Days or 6 Months?
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Fired in Taiwan? The "Visa Clock": Do You Have 60 Days or 6 Months?
In Part 1, we warned against signing a "Voluntary Resignation" letter. Now, you need to know exactly how much time you have left.
One of the biggest sources of anxiety is the rumor: "You only have 60 days to leave!"
This is often a misunderstanding. The timeline depends entirely on your specific visa status. Junling International Law Firm breaks down the timeline for different types of foreign workers.
Know Your Status: Which Clock Applies to You?
Group A: Migrant Workers (Blue Collar) – 60 Days
Who this is for: Caregivers, factory workers, fishermen, etc. (governed by the Employment Service Act).
- The Rule: If you lose your job (e.g., employer passes away, factory closes), you generally have 60 days to transfer to a new employer via the official labor system.
- Extension: Can be extended once for another 60 days under valid reasons.
- The Risk: The timeline is extremely tight and strictly regulated.
️ Group B: White-Collar Professionals – 6 Months
Who this is for: Engineers, teachers, managers, marketing specialists, etc. (governed by the Foreign Professionals Act, and Qualifications and Criteria Standards for Foreigners Undertaking the Jobs Specified Under Subparagraph 1 to 6 of Paragraph 1 of Article 46 of the Employment Service Act).
- The Rule: If your employment ends, you are entitled to apply for an "Extension of Residency for Job Seeking".
- The Duration: This grants you 6 months to find a new job, renewable once for a total of 1 year.
- Crucial Step: You MUST apply for this extension at the National Immigration Agency (NIA) before your current ARC expires. You generally need the Involuntary Separation Certificate to secure this.
Group C: Employment Gold Card Holders – 1 to 3 Years
Who this is for: Holders of the 4-in-1 Employment Gold Card.
- The Advantage: Your visa is NOT tied to a specific employer.
- The Rule: Losing your job does NOT cancel your Gold Card. You can stay in Taiwan until the card's original expiration date (1-3 years).
The Administrative Defense
Regardless of which group you belong to, if you are fighting an Illegal Termination, you must prevent the authorities from processing your exit while the lawsuit is ongoing.
Immediate Action Steps:
Step 1: Notify the Authorities
Contact the Workforce Development Agency immediately to inform them of the dispute.
Step 2: Submit Proof of Dispute
Submit proof of your legal battle (e.g., the Court-Stamped Complaint). This signals to the government that your termination is "under dispute" and should not be processed as a standard exit.
Next Step: How to Get Paid While Waiting?
Knowing your timeline is defense. But how do you go on offense to get your job (and salary) back?
Related Articles: Read Part 3: Strategies for Winning the "Provisional Injunction" in Court.
