Taiwanese nationality law

Taiwan was governed by the Qing dynasty, the last imperial dynasty of China, from 1683 to 1895.[1] Following the First Sino-Japanese War, the islands of Taiwan and Penghu were ceded to the Empire of Japan. Residents who chose to remain in ceded territory became Japanese subjects in 1897.[2] Control of these islands was transferred to the Republic of China (which succeeded the Qing government in 1912) after the Second World War in 1945. The Chinese government imposed ROC nationality on local residents in 1946, when the Executive Yuan declared the "restoration" of their status as Chinese nationals. Unlike the cession to Japan, Taiwanese residents could not choose which nationality to retain when the ROC took control.[3] Near the end of the Chinese Civil War, the Nationalist government was forced to retreat to Taiwan by the Communist Party, which subsequently established the People's Republic of China (PRC) in 1949. Since the conclusion of the war, the ROC has controlled only the Taiwan Area.[4]

The ROC continues to constitutionally claim areas under PRC control (mainland China, Hong Kong, and Macau) as part of its territory. Because of this, Taiwan treats residents of those areas as ROC nationals. Additionally, because Taiwanese nationality law operates under the principle of jus sanguinis, overseas Chinese and Taiwanese are also regarded as nationals.[5] 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.[6]

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.[7]

Nationals of Mongolia, which was part of Qing 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. Nevertheless, the area of Outer Mongolia remains officially part of ROC territorial claims.[8]

Legislation granting Republic of China nationality is extremely broad in scope. All persons of ethnic Taiwanese and Chinese origin, regardless if they have resided overseas for an extended period of time, are technically ROC nationals. Consequently, children born abroad to any of these people automatically acquire ROC nationality at birth. Furthermore, because of Taiwan's continuing constitutional claims over areas controlled by the People's Republic of China, PRC nationals from mainland China, Hong Kong, and Macau are considered ROC nationals by Taiwan.[9] Children born within the Taiwan Area to stateless parents are also ROC nationals at birth.[10]

Foreigners over the age of 20 may naturalize as ROC nationals after residing in Taiwan for more than five years and demonstrating proficiency in Mandarin Chinese.[11] The residency requirement is reduced to three years if an applicant has a Taiwanese spouse or parent.[12] Candidates for naturalization are typically required to renounce their previous nationalities unless they are workers in a reserved occupational field.[13] Unmarried minor children cannot naturalize as ROC nationals independently, but a naturalized parent may apply for them on their behalf.[14]

ROC nationality can be relinquished by application to the Ministry of the Interior, provided that they have acquired another nationality or are married to foreign nationals.[15] The status may be deprived if it was fraudulently acquired.[16] All Taiwanese nationals who obtain hukou in mainland China automatically have their passports cancelled and any residence rights in Taiwan revoked.[17]

Visa requirements for Taiwanese citizens

Visa requirements for Taiwanese citizens are administrative entry restrictions by the authorities of other states placed on citizens of Taiwan. In 2014, Taiwanese citizens have visa-free or visa on arrival access to 167 countries and territories, ranking the Taiwan passport 26th in the world according to the Visa Restrictions Index.

Taiwan passport issues to overseas nationals is different than the type of passport issued to Taiwanese citizens with the former having far more restrictions than the latter. For instance, overseas nationals passport holders are required to apply for a visa to enter the Schengen area, whereas no visa is required for the regular passport holders. See the passport article for more information about this practice.

According to the standards and regulations of most international organizations, "Republic of China" is not a recognized nationality. In the international standard ISO 3166-1, the proper nationality designation for persons domiciled in Taiwan is not ROC, but rather TWN. This three-letter code TWN is also the official designation adopted by the International Civil Aviation Organization [18] for use on a machine-readable travel document when dealing with entry/exit procedures at immigration authorities outside Taiwan.