When traveling to Taiwan, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.

What types of activities may I engage in as a business visitor?

As a business visitor to Taiwan, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

• » Attend business and sales meetings
• » Buy goods for sale outside Taiwan
• » Attend conferences and workshops
• » Visit clients

If I qualify as a business visitor, do I need a visa for Taiwan?

Nationals of the United States, Canada, the European Union Member States, and many other countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Taiwan for a limited duration.

Foreign nationals who are not eligible for a visa waiver must obtain a Visitor Visa for Business Purposes from a Taipei Economic and Cultural Office, or an eVisa, prior to traveling, as applicable depending on nationality. Please consult with your immigration counsel to determine your eligibility for a visa waiver, Visitor Visa, or eVisa.

Special regulations apply to residents of Macau, Hong Kong, and China for business travel and work activities. Please consult with an immigration professional for more information prior to travel.

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Taiwanese law. This list is not exhaustive, and many other professional activities are considered work in Taiwan, even if conducted for a short duration.

• » Auditing
• » Touring a company facility
• » Consulting
• » Facilitating training

In limited circumstances, foreign nationals may engage in certain short-term work activities without obtaining work authorization, although a performance or after-sales contract is required and strict preconditions must be met. An individual assessment is required before deciding whether an exemption is applicable.

If I am traveling to Taiwan for work, what type of work authorization do I need?

The requirements for work authorization depend on your qualifications, on the nature and duration of your work, and on whether your employer has an entity in Taiwan. The most common forms of work authorization in Taiwan are:

• » Work Permit– TECO Visitor Visa under 6 months or Work Permit – TECO Resident Visa over 6 months (work permit for highly-skilled professionals, executives, and managers)
• » Employment Gold Card (work authorization for special professionals in designated industries such as science and technology, law, finance, and architecture)

Is it possible to be exempted from work authorization requirements?

Taiwan does not offer long-term work authorization exemptions.

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

Copyright © 2020 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.