To help employers avoid legal complications and fines due to oversight, the article has compiled a list of key verification points when hiring foreign students or foreign spouses.

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Employers can hire foreign nationals without needing to apply for a work permit from the Ministry of Labor themselves if the individuals are foreign spouses with a residence permit or foreign students. However, according to Article 50, Paragraph 1 of the Employment Service Act and the Regulations on the Permission and Administration of the Employment of Foreign Workers, foreign students must apply for and secure a work permit before being employed. Therefore, employers must carefully verify the necessary documents before hiring a foreign student or a foreign spouse. Employers who hire foreign nationals without a valid work permit may face fines ranging from NT$150,000 to NT$750,000.

1. Identity Documentation Verification

For Foreign Students:

• Original Residence Permit: Ensure the student holds a valid and legal residence permit.
• Student ID: Verify the student’s current enrollment status.
• Work Permit: Confirm that the student has obtained the necessary work permit.

For Foreign Spouses:

• Original Identity Card: Required for individuals who have acquired national citizenship and registered household status.
• Original Residence Permit: Required for individuals who have not yet acquired national citizenship or have obtained it but have not registered household status.
• Original Household Certificate: Verify the marriage between the foreign spouse and the national citizen.

2. Applicant Document Verification

• Confirm the documents belong to the applicant.
• Ensure the applicant’s photo matches the documents.
• For foreign students, verify that the work permit is issued to the applicant and remains valid.

If further verification of a foreign student’s work permit is required, employers can visit the Workforce Development Agency’s Foreign Labor Searching System under the Ministry of Labor. The system allows employers to check the work permit status using the Document Number, Passport Number, and Verification Code.

3. Residence Permit Verification

• Ensure the residence permit is valid.
• For foreign students, confirm that the purpose of residence states “Study – School Name” and that the work permit remains valid.
• For foreign spouses, verify that the residence purpose states “Dependent – Husband” or “Dependent – Wife” and that the residence permit includes the statement: “The holder does not need to apply for a work permit.”

Important Note for Employers

Employers hiring a foreign spouse who has not yet obtained R.O.C. citizenship must verify their marriage to a national citizen through the household certificate. They must also ensure that the residence permit states the purpose of residence and includes the phrase “The holder does not need to apply for a work permit.” Both aspects must be verified to ensure legal employment.

Employers can verify the legality of residence permits through the National Immigration Agency’s Validation of Electronic Alien Resident Certificate (ARC) website.

Steps for Verifying an Electronic Residence Permit

1. Compare the individual’s appearance and basic information with the details on the Electronic Residence Permit.
2. Use the electronic residence permit identification method to examine anti-counterfeiting security features.
3. Enter the Uniform ID Number, Issue Date, Residence Period, and Backside Serial Number to ensure the information and photo match the applicant.

For further inquiries, visit the Electronic Residence Permit Information Inquiry page.

4. Important Remind

• Employers are also advised to verify the legality of residence permits through the National Immigration Agency’s “Validation of Electronic Alien Resident Certificate (ARC)” website and keep thorough records of all documents and photographs when hiring foreign students or foreign spouses.
• Additionally, the Taipei City Labor Department reminds employers that foreign nationals, even if they are friends or relatives, cannot assist in a store or company without a valid work permit, regardless of whether they receive a salary. Such actions violate the Employment Service Act, and employers must ensure compliance to avoid legal repercussions.

Image Source: Taipei City Department of Labor