A national without household registration (NWOHR) is a person with Republic of China nationality who does not have household registration in Taiwan. Nationals with this status may be subject to immigration controls when entering the Taiwan Area, do not have automatic residence rights there, cannot vote in Taiwanese elections, and are exempt from conscription. As of 2011, about 60,000 NWOHRs held Taiwanese passports with this status. Most NWOHRs are overseas compatriots (individuals born to nationals overseas). According to statistics from the Overseas Community Affairs Council, there are as many as 39 million of these overseas compatriots. Foreigners who naturalize and gain Republic of China nationality are temporarily considered NWOHRs, for at least 1 year, until they can register household registration.
Terminology In the latest revision of the Immigration Act, "臺灣地區無戶籍國民" and "national without household registration in the Taiwan Area" are used to refer to NWOHR in the Chinese and English versions respectively. The government has used several other English translations for NWOHR in the past, many of which are misleading. These include: "nationals without registered permanent residence in the Taiwan Area", Article 3. "non-citizen ROC nationals", Article 16. "unregistered nationals", Articles 12, 13, 21, 22. "Overseas Chinese having not established household registration in the Republic of China", Article 3. and "people without nationalities in Taiwan". Article 21. TheTaipei Times occasionally uses "nationals without citizenship", this is however incorrect as Article 3 of the Constitution states that "Persons possessing the nationality of the Republic of China shall be citizens of the Republic of China", indicating that all nationals are considered citizens.
Background
The Republic of China (ROC) governed mainland China from 1912 to 1949.. The islands of Taiwan and Penghu were ceded to the Empire of Japan in 1895 by Qing China, the last ruling dynastic Chinese regime, following its defeat in the First Sino-Japanese War. Control of these islands was transferred to the ROC in 1945 after the Second World War.. 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..
At the Cold War era, the government of the Republic of China on Taiwan continues to constitutionally claim territories controlled by the People's Republic of China (PRC) and Mongolian People's Republic (MPR) as part of its territory. Because of this, the Nationality Act treated residents of those territories as nationals. Additionally, because Taiwanese nationality law operates under the principle of jus sanguinis, most overseas Chinese, Mongolian, and Taiwanese were also regarded as nationals during this era.. 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..
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.. Full citizenship rights, including permanent residence and voting, can only be exercised by nationals who have been registered.. NWOHRs are now treated as an external population to Taiwan..
Residents of Mongolia, which was part of Imperial 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. In May 2013, the Mainland Affairs Council reaffirmed that Outer Mongolia is not a part of ROC's territorial claims and Mongolia is a sovereign state.
Residents of mainland China, which is now under the jurisdiction of the People's Republic of China (PRC), were identified as nationals given the pre-1949 history of the Republic of China. In May 2023, Executive Yuan released a policy memorandum to clarify that: "The people of mainland China do not have ROC nationality, and hence are not ROC nationals." ()
As of 2011, people with NWOHR status are estimated to be around 60,000, mainly overseas Taiwanese, Chinese, and Mongolian living in East Asian countries of Japan and South Korea as well as the Southeast Asian countries of Myanmar, Philippines, Thailand, and Vietnam. Among the NWOHRs living in Taiwan, many of them are ethnic Chinese from the Philippines descended from ROC nationals. A significant portion also come from Myanmar and Thailand, where Republic of China Army detachments fled to after the Chinese Civil War. Descendants of these soldiers entered Taiwan on forged or stolen passports, often to enroll in universities. Because they were not considered nationals of the countries they traveled from, they could not be deported. 875 of these descendants and 107 members of the Tibetan diaspora were granted amnesty in 2009, allowing them to apply for residency.
Rights and responsibilities The law of Taiwan states significantly different rights and responsibilities between nationals with or without household registration. Nationals with household registration are the conceptual citizens in Taiwanese laws. Nationals without household registration, on the other hand, are subject to immigration controls and do not have automatic residence or employment rights in Taiwan.
NWOHRs given approval to reside in Taiwan are restricted from rights and benefits reserved for full Taiwanese citizens. They are not entitled to hold national identification cards and are given Taiwan Area Resident Certificates instead. The lack of household registration makes them ineligible for national health insurance and automatic workers' compensation coverage. They cannot vote in elections or stand for public office. NWOHRs who concurrently hold foreign nationality are additionally required to apply for work permits to be employed in Taiwan, Article 79. unless they meet one of the requirements listed in Article 31 of the Act for the Recruitment and Employment of Foreign Professionals, such as having acquired nationality by naturalization.
Reasons for NWOHRs to gain residence in Taiwan The following 25 items are reasons for which a NWOHR may apply for residence in Taiwan.https://www.rootlaw.com.tw/Attach/L-Doc/A040040111014300-1121228-10000-001.pdf The code featured in the left hand column is printed on the Taiwan Area Resident Permit (TARC) under the Purpose of Residence label. CodeReasonAF351Married for less than four years to a person with household registration in the Taiwan Area, and with no minor children who have household registration in the Taiwan Area.AF352Married for at least four years to a person with household registration in the Taiwan Area, or has minor children with household registration in the Taiwan Area.AF353Has a lineal blood relative with household registration in the Taiwan Area.AF354Has a sibling, or the parents of their spouse, with household registration in the Taiwan Area.AF358Has invested at least NT$10 million in the Taiwan Area, with approval from or filing with the competent central authority for the relevant industry.AF360Previously approved by the competent central authority for the relevant industry to come to Taiwan for study, applied for residence in the Taiwan Area, and after graduation returned to their place of overseas residence and worked there for at least two years.AF362Possesses special skills and experience and has been recruited to return to the country by the competent central authority for the relevant industry.AF364Otherwise appointed or employed by a government agency or a public or private university or college.AF366Permitted by the central labor authority or competent authority for the relevant industry to engage in work in the Taiwan Area under Article 46, Paragraph 1, Subparagraphs 1 through 7 or Subparagraph 11 of the Employment Service Act.AF368Overseas Chinese student approved by the competent central authority for the relevant industry to return to the country for study.AF369Student approved by the competent central authority for the relevant industry to return to the country to receive vocational or technical training.AF389Master's or doctoral student approved by the competent central authority for the relevant industry to return to the country to conduct research or an internship.AF370Permitted by the central labor authority to engage in work in the Taiwan Area under Article 46, Paragraph 1, Subparagraphs 8 through 10 of the Employment Service Act.AF371A stateless person from Thailand, Myanmar, or Indonesia who entered the country before the Immigration Act came into force and subsequently acquired ROC nationality through naturalization.AF372A person who renounced foreign nationality and acquired ROC nationality through naturalization.AF392A stateless person who entered the country between May 21, 1999 and December 31, 2008, who was approved by the Ministry of Education or Overseas Community Affairs Council to return from Thailand or Myanmar for study or technical training, who could not be forcibly removed from the country, who was permitted by the National Immigration Agency to reside, and who acquired nationality domestically.AF393A stateless person from India or Nepal who entered the country before June 29, 2016, who could not be forcibly removed, whose identity was recognized by the Mongolian and Tibetan Cultural Center of the Ministry of Culture, who was permitted by the National Immigration Agency to reside, and who acquired nationality domestically.AF397A person who has rendered distinguished service to the Republic of China and has been permitted by the Ministry of the Interior to naturalize as an ROC national.AF398A senior professional whose expertise is needed by the ROC and who has been permitted by the Ministry of the Interior to naturalize as an ROC national.AF373A national without household registration in the Taiwan Area who entered the country before the Immigration Act came into force and who could not be forcibly removed in accordance with the applicable provisions.AF382A currently serving legislator elected by overseas citizens.AF384Adult child born abroad to a national who resides in the Taiwan Area and has household registration.AF385Entered the country using an ROC passport, has legally and continuously stayed in the Taiwan Area for at least seven years, and has resided for at least 183 days in each year.AF387Has made a special contribution to the nation or society, or is a senior professional whose expertise is needed by the Taiwan Area.AF395Came to Taiwan for study, after graduation, employment, or investment, and applies to remain in Taiwan to seek employment because the original reason for residence has ceased to exist.
Acquisition and loss
The NWOHR status are those people who qualify under Taiwanese nationality law but do not possess Household registration in Taiwan. Status changes on either nationality or household registration might affect the NWOHR status.