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Northwood
Joined: 08 Nov 2005 Posts: 66
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Posted: Wed May 10, 2006 3:05 pm Post subject: Deported |
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So, what happens when you get deported?
My question is based on the example of someone caught teaching illegally.
1. Are you fined in the process?
2. Is there any form of hearing/appeal?
3. How long do you have to leave the country?
4. Are you ever allowed to return to Taiwan? If so, when and in what capacity?
5. Does deportation from Taiwan have a negative effect on future visa applications to other countries?
6. Any other questions I should be asking?
Please, no moral guidance. Just the facts. |
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markholmes

Joined: 21 Jun 2004 Posts: 661 Location: Wengehua
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Posted: Wed May 10, 2006 7:21 pm Post subject: |
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I have to assume they also cut out your tongue and cut off your fingers to stop deportees talking or writing about their experience. I say that jokingly, because first hand accounts of deportation are extremely rare, in fact in five years of surfing teaching websites and knowing English teachers in Taiwan I have never met anyone who has been deported.
That's not to say that it doesn't happen, but I think it's a lot rarer than some people make out.
In answer to number 5, it certainly won't help you get visas for other countries that's for sure. |
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Ki
Joined: 23 Jul 2004 Posts: 475
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Posted: Thu May 11, 2006 12:33 am Post subject: |
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A twist on number 5 is that if for whatever reason you are deported from Taiwan you can always state that you have never been deported from another country. Most places don't officially recognise Taiwan as being an independent sovereign state. So even if you have been deported from Taiwan you haven't actually been deported from a country, at least in the eyes of the new country. |
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SanChong
Joined: 22 Nov 2005 Posts: 335
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Posted: Thu May 11, 2006 3:05 am Post subject: |
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1. Are you fined in the process? |
No, to the best of my knowledge, you aren't. The school, however, receives a very large fine.
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2. Is there any form of hearing/appeal? |
Yes, you do have the opportunity to submit a written appeal.
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3. How long do you have to leave the country? |
15 days. Some people have been given extensions, but they aren't always granted.
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4. Are you ever allowed to return to Taiwan? If so, when and in what capacity? |
You can return to Taiwan in 5 years.
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5. Does deportation from Taiwan have a negative effect on future visa applications to other countries? |
To my knowledge, this would be an emphatic "No". I can't see how this would happen. The only way a country would even know that you had been deported, would be the stamp in your passport. I'm fairly certain you aren't put on an international watchlist or anything like that! If the person were really worried about it, they could always just "lose" their passport and get a new, deportation stampless passport.
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6. Any other questions I should be asking? |
Hmmm, let's think about that. I guess this would be a good place to talk about WHY someone would be deported in the first place.
There are likely two main categories:
1) Doing something non-work related which is illegal, i.e. selling drugs, DWI, etc.
2) Working illegally.
As probably some of you know, there were a few people deported towards the end of 2005. They were all deported for the same reason: working at a school without a work permit. Some of these people didn't have ARC's at all, but some of them also DID. They worked full time at one school and then had a part time job at school B. When the Foreign Affairs Police did a rare routine check of these schools, the teachers were caught. They were mailed a notice at their school about a month later telling them they had 15 days to leave the country.
We have had a lot of discussion on this board recently about the legalities of working in Taiwan. It's very, very, very rare that foreigners encounter any kind of trouble in Taiwan. However, these teachers were doing something illegal and were caught. For new teachers: That's why it is VERY important to be sure you are coming to Taiwan using a reputable recruiter/school. Do your research and be sure that you are working with people that care about your interests and are honorable people with a good track record. Make sure you will get a working permit and are placed by a good recruiter and at a good school. If you do work with a good recruiter/school, you shouldn't have to worry about any legal problems in Taiwan.
Buxiban.com is a good place to start looking.
After that, don't work at a 2nd school unless you are prepared for the consequences! Just like in the US, if you are in a foreign country, you can only work within the parameters of your work permit... |
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TaoyuanSteve

Joined: 05 Feb 2003 Posts: 1028 Location: Taoyuan
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Posted: Thu May 11, 2006 5:10 am Post subject: |
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As probably some of you know, there were a few people deported towards the end of 2005. |
I assume you are referring to those reported online. It's best not to take what you see online as a true representation of how many people are deported. The vast majority of international residents and visitors in Taiwan never use internet chat boards.
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It's very, very, very rare that foreigners encounter any kind of trouble in Taiwan. However, these teachers were doing something illegal and were caught. |
ANY kind of trouble?
I don't believe that the work permit system and rules in place for English teachers are fair, transparent, clearly communicated or consistently/fairly enforced. I am much less likely to dismiss or condemn those teachers who are subject to legality issues they may not have even been aware of. Remember: the vast majority of teachers in Taiwan are technically illegal at some point in their stays here. I do not think a foreign teacher should bear the brunt of responsibilty for an illegal action that likely had more to do with the business practices of a given school than any intent to break laws on the part of the teacher. Further, laws that are on the book are not a reflection of the will of the majority or the realities on the ground. Demand for English language kindergartens is high and those with money send their kids to these places. These places also advertise English instruction openly and frequently. Yet these places are supposedly illegal, even if the legislators and police send their kids to these places. If they are to be illegal, these places should be shut down. Enforcement should target businesses engaging in these practices, not employees. This obviously isn't the case. I can't support sporadic enforcement in such a murky regulatory environment. |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Thu May 11, 2006 5:23 am Post subject: |
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I understand your point TaoyuanSteve and it is one that needs to be made, but I don�t entirely agree with it.
In my opinion it is the individual person�s responsibility to ensure that he or she is acting within the law � no matter how silly those laws may seem. If the law of Taiwan states that it is illegal for us to work in kindies, then no matter how much every person on this island may disagree with that law, it is the law, and anyone who chooses to ignore it or act contrary to it is placing him or herself at risk of getting into trouble for their choice.
The only exception in my mind would be teachers who did everything that they could to be legal, but were misled into believing that they were working legally when they weren�t. The most common example of this would be people who are given an ARC unaware that it has been issued through the name of another company and therefore has them working illegally. In those cases I fully support the idea that the government should protect the teacher and punish the employer. |
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TaoyuanSteve

Joined: 05 Feb 2003 Posts: 1028 Location: Taoyuan
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Posted: Thu May 11, 2006 5:54 am Post subject: |
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but I don�t entirely agree with it. |
I know that you don't agree. This is where we have disgreed in the past.
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In my opinion it is the individual person�s responsibility |
I think employers and recruiters who bring foriegn nationals into a country should be held responsible for rule breaking. I think foreigners can be excused if they don't know that kindies are illegal. Most people do not think teaching is breaking any laws and, of course, their employers aren't about to let them in on it.
Interesting how the majority of recruiter advertised jobs are for kindergartens, isn't it?
IMNSHO, there needs to an overhaul of the work permit system for English teachers. Rules need to be MUCH more clearly communicated than they are now. Why don't the authorities produce a hand out in English that explains the work rules here clearly? Why can't we get work permits and resident visas in our home countries before arrival. Why not shut down those kindergartens that are so obviously teaching English (instead of making enforcement impact, most heavily, the teachers)? And why can't we take any job that calls for a native English speaker? Why this system of being beholden to your employer? |
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Northwood
Joined: 08 Nov 2005 Posts: 66
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Posted: Thu May 11, 2006 1:16 pm Post subject: |
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Thanks to SanChong and others for your replies.
It would be appreciated if anyone out there is prepared to share their first hand experience of being deported from Taiwan.
On the matter of whether individuals should be responsible for knowing their legal status: well, it probably doesn�t even occur to most westerners that they could be working illegally. Most of us have been raised in an environment where it is unheard of that an employer would offer a contract that to all intent binds you into illegal work. For obvious reason, employers in Taiwan are not going to educate us on this matter. It is therefore up to the individual to become more worldly, aware, suspicious and ultimately informed.
In the eyes of the law, we cannot expect ignorance to get us off the hook. I agree that the government could do more to promote awareness and understanding about the laws. If caught out, you could ask for leniency and try to point the finger at someone else � but at the end of the day it is up to you to empower yourself with enough knowledge to make an informed decision.
It is for these reasons I am asking what happens when you get deported. I want to assess the implications and make a decision for myself. That�s what life is all about.
Choose your own category:
Those who make things happen
Those who watch things happen
Those who wonder what happened |
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SanChong
Joined: 22 Nov 2005 Posts: 335
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Posted: Thu May 11, 2006 4:25 pm Post subject: |
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Steve said:
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I assume you are referring to those reported online. It's best not to take what you see online as a true representation of how many people are deported. The vast majority of international residents and visitors in Taiwan never use internet chat boards.
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I know this person from personal experience. They are a good friend. I agree that deportations are VERY rare however. It is something which will affect almost no one.
Steve said:
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ANY kind of trouble?
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Yes, ANY kind of trouble. Most foreigners have pretty smooth sailing in Taiwan, from a legal perspective (and overall).
Also, I'm not sure why you wanted to turn this into a debate about the fairness of the laws. Northwood asked factual questions about deportation. I do agree with you for the most part though. Teachers should certainly learn all they can, as Clark said. However, everyone works illegally in Taiwan at some point, even if it's just for a little while. It's generally not a problem though. It's just important to be sure you are at a good school, with an honest owner. A recruiter can help, if they are honest and helpful. |
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twinkletoes
Joined: 05 Jan 2005 Posts: 76
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Posted: Fri May 12, 2006 2:33 am Post subject: |
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I have known three people who have been deported in the last month. One was working illegally at a kindergarten. One had an ARC through a buxiban and was hired believing that's all her job would entail but her boss talked her into doing some hours at the kindy he also owns and assured her it would be okay. (It was insinuated that if she said "no", she would lose her job and ARC). Now she's gone. The third has a fully legal job with ARC, but took some substitute hours for a buddy who needed a day off. The school was raided, and the police don't care that he was only there for one afternoon, not actually employed there. Bye-Bye.
NOTE: these are not people I have heard "of" being deported, these are MY FRIENDS. Having people you like suddenly get ripped from your life really sucks. I used to enjoy their company and now they are gone.
Northwood: I'm not up on the technicalities of deportation. Forumosa forum (link in questions thread) has a whole forum specifically for visa & ARC issues and legal matters. Do a search over there and you can read stories of what it was like for a few people to go through deportations. (just type "deported" or "deportation" into the search box and it also might help if you search specifically in the legal / visa/ teaching english/ forums as opposed to every forum on forumosa.) I remember skimming a few threads over there where somebody got deported, asked for advice, got advice from posters, and updated their whole saga over the time period which it occurred. If you go there and dig some of those up (some of them are 10+ pages long) maybe you can post some links on this thread. You will learn far more from reading those FIRSTHAND accounts and the advice they received by people more knowledgeable than I and the outcome of following that advice than you will from anything I could tell you even if I wrote everything I know for ten pages.
I am fully legal and will accept NO substitute hours for anyone at another school regardless of how much I like them. If my boss asks me to do something illegal, I'd find another job.
Kudos to you for doing the research necessary to making sure you prevent unfortunate things happening to you. [/b] |
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Jared
Joined: 07 Sep 2004 Posts: 319 Location: Canada
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Posted: Mon May 22, 2006 12:20 pm Post subject: |
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Ki wrote: |
A twist on number 5 is that if for whatever reason you are deported from Taiwan you can always state that you have never been deported from another country. Most places don't officially recognise Taiwan as being an independent sovereign state. So even if you have been deported from Taiwan you haven't actually been deported from a country, at least in the eyes of the new country. |
For one thing I never knew that being deported from any country at all would have a bad effect on you when applying for a visa for another country. I always thought that what happens between you and one country stays between you and that country. Example would be getting deported from South Korea is none of Egypt's business. Aparently I was wrong. Although you mentioned that most countries don't see Taiwan as an independent country? That's true. However the rules of Taiwan will change in the near future. When mainland China gets control over Taiwan, the exact same rules in the mainland will be the same in Taiwan due to the fact Taiwan will one day be part of the mainland. Common sense. You'll need a Z type visa for the "Taiwan" province like any other province in China to be able to work. Of course it hasn't happened yet. |
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SanChong
Joined: 22 Nov 2005 Posts: 335
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Posted: Tue May 23, 2006 1:16 am Post subject: |
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However the rules of Taiwan will change in the near future. When mainland China gets control over Taiwan, the exact same rules in the mainland will be the same in Taiwan due to the fact Taiwan will one day be part of the mainland. Common sense. You'll need a Z type visa for the "Taiwan" province like any other province in China to be able to work. Of course it hasn't happened yet. |
That is FAR from a foregone conclusion. I don't think China is going to have any more control over Taiwan anytime soon. It's been the "status quo" (as they say) for a long time.
On a day to day basis, China exerts almost no tangible influence on your daily life in Taiwan. It's a separate country in every practical way. |
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Northwood
Joined: 08 Nov 2005 Posts: 66
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Posted: Tue May 23, 2006 1:54 pm Post subject: |
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On a day to day basis, China exerts almost no tangible influence on your daily life in Taiwan. |
For quite some time, a steady stream of businesses, jobs, investment, etc have been moving over to the mainland. I know quite a few business people that would say that the attraction of China/influence of China is very obviously tangible. Taiwan is already struggling to fill the increasing void that is being created as many electronic and manufacturing industries migrate.
I don't wish to sound too negative, but personally I think Taiwan will indeed be swallowed up by China ..........in time.
One reason why industry hasn't moved even quicker into China is because of China's limited power supply. But hey, guess what, they are in the process of building a whole load of nuclear power stations. Yes, they are going to build power stations faster that anyone else before and they are going to build a whole load at the same time - and yet they will still be short of electricity!
Thankfully, we can all trust the Chinese authorities to use the right type of cement and invest in the very latest anti-meltdown controls .
www.businessweek.com/magazine/content/05_40/b3953066.htm It's not the most recent article, but gives you a flavor for what is going on in China.
Anyway, getting back to Taiwan - the status quo is changing, it's clear to me anyway. |
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SanChong
Joined: 22 Nov 2005 Posts: 335
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Posted: Tue May 23, 2006 3:31 pm Post subject: |
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All good points and I agree with all of them. However, all the issues you mentioned are economic. Really, the entire world is having the same issues. The problems with jobs, money and technology going over to China is an issue the US and Europe are dealing with as much as Taiwan.
Politically and on a governmental level, Taiwan is entirely independent. That may change, but aside from a LOT of talk and posturing, nothing much has changed since the 50's. |
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daily chai
Joined: 16 Nov 2003 Posts: 150 Location: Brussels
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Posted: Sun Jun 04, 2006 11:38 am Post subject: Re: Deported |
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Northwood wrote: |
So, what happens when you get deported? ...
5. Does deportation from Taiwan have a negative effect on future visa applications to other countries?
6. Any other questions I should be asking? |
If you've been deported, it can affect future immigration procedures. For example, when I last checked 2 years ago NZ stopped the immigration process if a person was deported from any country, for any reason. Of course, if you got a new passport there might not be a record of such. |
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