A national without household registration (NWOHR) is a person with Republic of China nationality who does not have household registration in Taiwan. Nationals with this status may be subject to immigration controls when entering the Taiwan Area, do not have automatic residence rights there, cannot vote in Taiwanese elections, and are exempt from conscription. Most individuals with this status are children born overseas to Taiwanese citizens. About 60,000 NWOHRs currently hold Taiwanese passports with this status.[1]
Terminology
Although NWOHR status only has one Chinese-language name, the Ministry of Justice has used several English translations. These include: "nationals without registered permanent residence in the Taiwan Area",[2] "non-citizen ROC nationals",[3] "unregistered nationals",[4] "Overseas Chinese having not established household registration in the Republic of China",[5] and "people without nationalities in Taiwan".[6] The Taipei Times occasionally uses "nationals without citizenship".[7][8]
At the Cold War era, the government of the Republic of China on Taiwan continues to constitutionally claim territories control by the People's Republic of China (PRC) and Mongolian People's Republic (MPR) as part of its territory.[12][13] Because of this, the Nationality Act treated residents of those territories as nationals. Additionally, because Taiwanese nationality law operates under the principle of jus sanguinis, most overseas Chinese, Mongolian, and Taiwanese were also regarded as nationals during this era.[14] During the Cold War, both the ROC and PRC governments actively sought the support of overseas Chinese communities in their attempts to secure the position as the legitimate sole government of China. The ROC also encouraged overseas Chinese businessmen to settle in Taiwan to facilitate economic development. Regulations concerning evidence of ROC nationality by descent were particularly lax during this period, allowing many overseas Chinese the right to settle in Taiwan.[15]
From the late 1980s, Taiwan developed a stronger sense of local national identity and more readily asserted its separate identity from that of China. Legal reforms between 1999 and 2002 greatly reduced the ease by which further grants of ROC nationality were made to overseas Chinese and restricted citizenship rights only to those with household registration in Taiwan.[16] Full citizenship rights, including permanent residence and voting, can only be exercised by nationals who have been registered.[17] NWOHRs are now treated as an external population to Taiwan.[18]
Residents of Mongolia, which was part of Imperial China until 1911, were also regarded as if they were mainland Chinese residents until 2002, when the Mainland Affairs Council removed the country from the administrative definition of the Mainland Area. Since then, Mongolians have been treated as foreigners and are required to apply for visas before entering Taiwan.[19] In May 2013, the Mainland Affairs Council reaffirmed that Outer Mongolia is not a part of ROC's territorial claims and Mongolia is a sovereign state.[20]
Residents of mainland China, which is now under the jurisdiction of the People's Republic of China (PRC), were identified as nationals given the pre-1949 history of the Republic of China. In May 2023, Executive Yuan released a policy memorandum to clarify that: "The people of mainland China do not have ROC nationality, and hence are not ROC nationals." (中國大陸人民不具中華民國國籍、非屬中華民國國民)[better source needed][21]
The law of Taiwan states significantly different rights and responsibilities between nationals with or without household registration. Nationals with household registration are the conceptual citizens in Taiwanese laws. Nationals without household registration, on the other hand, are subject to immigration controls and do not have automatic residence or employment rights in Taiwan.
NWOHRs given approval to reside in Taiwan are restricted from rights and benefits reserved for full Taiwanese citizens. They are not entitled to hold national identification cards and are given Taiwan Area Resident Certificates instead.[7] The lack of household registration makes them ineligible for national health insurance[23] and automatic workers' compensation coverage.[8] They cannot vote in elections or stand for public office.[24] NWOHRs who concurrently hold foreign nationality are additionally required to apply for work permits to be employed in Taiwan.[25]
Children born to at least one parent with nationality are automatically nationals at birth regardless of their place of birth. However, the household registration in Taiwan can only be completed in Taiwan, and only Taiwanese people with household registrations may register their children into the household of themselves.
If a child is born to at least one parent with NWOHR status, the child is also with NWOHR status even if the birth is given in Taiwan, since there is no process available to establish household registration in Taiwan. If a child is born overseas to at least one parent with household registration in Taiwan (NWHR status), the child is eligible to establish household registration in Taiwan through his/her parent. However, the child will remain in NWOHR status until he/she completes the registration process in Taiwan.[26]
To claim the nationality of a child born overseas, the parents will need to submit proof of a parent's nationality together with the birth certificate of the child to the Taiwanese diplomatic mission with the place of birth fall under its jurisdiction.[27] In 2010, the government estimated more than 30 million people are estimated to be eligible to claim passports through nationality by descent.[28] This anomalously high number came from many ethnic Chinese and Mongolian living overseas acquired nationality through the old nationality law prior to 2000 amendment.[29]
Acquisition by naturalization
Foreigners who acquire ROC nationality through naturalization will briefly become NWOHRs once they complete the naturalization process.[30] Permission to establish household registration in Taiwan can be applied for at NIA 1 year after obtaining ROC nationality. The recently naturalized national will become NWHR once the permission to reside document from NIA is submitted to the household registration office.
If a spouse of an ROC national is a resident of PRC, they do not need to acquire ROC nationality first before obtaining household registration in Taiwan, a process that usually takes a total of six years. Spouses who are nationals of other countries need to become naturalized ROC nationals first after residing in Taiwan for three years. It then takes an additional one to five years for them to become eligible for household registration in Taiwan.[35][36]
Loss by obtaining household registration
NWOHRs may request approval to reside in Taiwan for employment, study, investment, or family reunion. They may obtain household registration after residence for a number of years, which grants full citizenship rights in Taiwan.[37] NWOHRs born to Taiwan Area persons may be registered after continuous residence for one year, 270 days per year for two years, or 183 days per year for five years.[38] Mainland Area persons are subject to annual immigration quotas limiting the number of people acquiring residence permits and household registration each year.[39] An NWOHR who enters Taiwan with a foreign passport or travel document for stateless people may not apply for residency, unless that person is an NWOHR by naturalization or descent through birth overseas to a Taiwan Area person.[40] All NWOHRs who successfully obtain household registration continue to be exempt from conscription until one year after the day they are registered.[5]
Beginning on January 1, 2024, NWOHRs born in Taiwan to Taiwanese parents with household registration, or NWOHRs born overseas with at least one parent with household registration, can gain household registration immediately without any further requirements.[41]
Loss of nationality
NWOHRs may voluntarily relinquish the status by application to the Ministry of the Interior, provided that they have acquired another nationality or are married to foreign nationals.[42] The status may be deprived if it was fraudulently acquired.[43] All Taiwanese nationals, including NWOHRs, who obtain hukou in mainland China automatically have their passports cancelled and any residence rights in Taiwan revoked.[44]
Although NWOHRs may travel using a Taiwanese passport, because the status by itself does not give its holders residence rights in Taiwan, the travel restrictions are different from those Taiwanese nationals with household registration when entering other countries.
Nationals without household registration may be subject to immigration controls and do not have the right of abode to Taiwan. Starting from January 2024, they may enter ROC-controlled territory with only their biometric NWOHR Taiwanese passports, provided they have a return or onward ticket to a next destination.[45] They can also present separate document with permission to enter Taiwan, such as an Entry Permit issued by a Taiwanese diplomatic mission, or a Resident certificate issued by the National Immigration Agency.[46] With regular Entry Permit, each visit is restricted to three months, which may be extended once per visit for a further three months.[47]
^Chen, Yuren 陳郁仁; Tang, Zhenyu 唐鎮宇 (August 16, 2011). "無戶籍國民 返台將免簽" [Nationals without household registration returning to Taiwan will soon be visa-exempt]. Apple Daily (in Chinese). Archived from the original on February 4, 2020. Retrieved October 10, 2019.
^"有關外蒙古是否為中華民國領土問題說明新聞參考資料" [Press materials on whether Outer Mongolia is Republic of China territory] (PDF) (Press release) (in Chinese). Mainland Affairs Council. May 21, 2013. Archived(PDF) from the original on October 4, 2013. Retrieved May 26, 2023.
^Wang, Jiajun 王家俊; Chen, Yuren 陳郁仁 (December 6, 2010). "澳免簽觸礁 沈呂巡槓內政部" [Australian visa exemptions]. Apple Daily (in Chinese). Archived from the original on February 5, 2020. Retrieved February 3, 2020.
^"台湾居民来往大陆通行证签发服务指南" [Application Guidelines for Mainland Travel Permits for Taiwan Residents] (in Chinese). Government of China. May 5, 2019. Archived from the original on February 3, 2020. Retrieved February 3, 2020.
Cheng, Isabelle (2014). "Home-going or home-making? The citizenship legislation and Chinese identity of Indonesian–Chinese women in Taiwan". In Chiu, Kuei-fen; Fell, Dafydd; Ping, Lin (eds.). Migration to and From Taiwan. Routledge. pp. 135–158. doi:10.4324/9780203076866. ISBN9780203076866.
Wang, Hongzen (2011). "Immigration Trends and Policy Changes in Taiwan". Asian and Pacific Migration Journal. 20 (2): 169–194. doi:10.1177/011719681102000203. S2CID154392942.