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Legal question...please help!

 
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canadian-girl



Joined: 07 Aug 2004
Posts: 46
Location: yangmei, taiwan

PostPosted: Wed Dec 08, 2004 5:07 am    Post subject: Legal question...please help! Reply with quote

K, I have a question about a complicated situation. lets see how simple i can make this...what happens if...

-you're currently working illegally in taiwan
-you lost your passport about 1 year ago
-you cant go back to your home country (long story..dont ask)
-you have a little kid to think about who is living with you in taiwan (single parent)


all of these are a combined situation...you want to get your passport but are wondering the legal issues that will happen (ie jail/deport/etc.). If deported can immigrate to canada?

if anyone has any viable answers or knows of someplace to go in taiwan for help...please let me know. this is a serious situation, many sleepless nights...Thanks everyone!
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Big John Stud



Joined: 07 Oct 2004
Posts: 513

PostPosted: Wed Dec 08, 2004 6:22 am    Post subject: Reply with quote

canadian-girl you just got to Taiwan! How in the world did you get in without your passport? Just from reading your post, you would probably be a good character to write a novel about!
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Pop Fly



Joined: 15 Feb 2003
Posts: 429

PostPosted: Wed Dec 08, 2004 6:47 am    Post subject: Reply with quote

Big John Stud wrote:
canadian-girl you just got to Taiwan! How in the world did you get in without your passport? Just from reading your post, you would probably be a good character to write a novel about!


Maybe she is inquiring about a friend? However, stuff of high drama to be sure.

If I was in such a situation, I would head to my de-facto embassy and plead for mercy. Not much else to do really. She is on a rock in the middle of an ocean No escape.
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Big John Stud



Joined: 07 Oct 2004
Posts: 513

PostPosted: Wed Dec 08, 2004 7:18 am    Post subject: Reply with quote

The above is very good advice! Canadian girl go to the embassy as soon as possible.
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Wed Dec 08, 2004 12:24 pm    Post subject: Re: Legal question...please help! Reply with quote

canadian-girl wrote:
K, I have a question about a complicated situation. lets see how simple i can make this...what happens if...

-you're currently working illegally in taiwan
-you lost your passport about 1 year ago
-you cant go back to your home country (long story..dont ask)
-you have a little kid to think about who is living with you in taiwan (single parent)


all of these are a combined situation...you want to get your passport but are wondering the legal issues that will happen (ie jail/deport/etc.). If deported can immigrate to canada?

if anyone has any viable answers or knows of someplace to go in taiwan for help...please let me know. this is a serious situation, many sleepless nights...Thanks everyone!


Assuming that the child was born in Taiwan, and that one of the parents is Taiwanese, then the child would be entitled to Taiwan citizenship and passport etc.

If you definately do not wish to go back to your own country then going to your defacto embassy here may not be a good idea. It is highly likely that they would want to send you home - whether they would suggest or make you do this would depend upon a number of factors I would guess.

According to the information about getting a new passport here there doesn't seem much hope that you could obtain a new passport without the authorities finding out about your illegal status here. If you were happy to go home then that would be just fine as you would be deported there. As you don't seem to want to go home then that doesn't seem like very practical advice.

Under the circumstances you might be better off just staying here. It seems that you have a job and a life, so what's the urge to get a passport considering all of the trouble it is likely to bring and the fact that you don't want to go home.

I do agree that you more than likely need professional help though. Assuming that your friend is from a south east Asian country and possibly a migrant worker here in Taiwan, why not consult the Migrant Workers Help Center in your area.
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canadian-girl



Joined: 07 Aug 2004
Posts: 46
Location: yangmei, taiwan

PostPosted: Thu Dec 09, 2004 12:44 am    Post subject: Reply with quote

thanks for the info.....and no its not me! i just got here, i have all my paperwork, no worries for me....but i will pass on the information. the child is not taiwanese nor is the adult asian.

the thing my friend is worried about is being sent to jail or having her child taken from her. any chance of this happening? or would she be fined and deported?

thanks again!
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Big John Stud



Joined: 07 Oct 2004
Posts: 513

PostPosted: Thu Dec 09, 2004 1:03 am    Post subject: Reply with quote

I don't know about staying in a country illegally is such a good idea! Eventually the person will get caught and then would be in more trouble than seeking help now!
Advice the person to seek professional help as soon as possible!
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Thu Dec 09, 2004 3:56 am    Post subject: Reply with quote

If she is here illegally, and overstayed her visa, she will almost certainly be fined and compelled to leave. She needs to deal with this immediately. The longer she stays, the worse it is going to get. She needs to see her countries representative office and then the foreign affairs police, best if it is in that order. Tell her not to put this off. This is very serious.
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Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Thu Dec 09, 2004 5:28 am    Post subject: Reply with quote

It may be possible for your friend to claim political asylum in a third country. You need to consult a human rights lawyer and see if your friend can match the criteria set down by Canada or other countries.
If the reason your friend can not get another passport or go back to her own county is a direct result of a criminal offense that is not political in nature, then there is nothing that can be done besides facing the music or finding good place to hide. There are organizations that may be of some help for the child but the mother needs to wake up to the reality that she can not hide behind her child for protection if she is a criminal.
Local churches and womens rights organizations may be able to help.
Please email me for more details.
[email protected]
Good luck, you are going to need it.
A.
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Taylor



Joined: 24 Oct 2003
Posts: 384
Location: Texas/Taiwan

PostPosted: Thu Dec 09, 2004 4:14 pm    Post subject: Reply with quote

Anyone have Richard Hartzell's contact info?

He is an American who has lived in Taiwan (Taipei?) for decades. As it seems he has a legal background, you would be amiss not to seek his insight.

He was writing articles periodically for the China Post. Maybe he still is, so check with them first to see if anyone can point you to him.

Best wishes.

Taylor
Texas/Taiwan
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Fri Dec 10, 2004 3:10 am    Post subject: Reply with quote

He's a moderator and regular poster over at forumosa.com. One could pm him through that site. I suppose Canadian girl could take her question over to the legal forum there and see what people come up with.

His book, BTW, should be required reading for all of us.

I just went over to forumosa and checked one of his posts. He has email through forumosa. It's simply [email protected]
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