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H. Working Permit

Foreign students of Asia University applying for Work Permit Q&A

 

·         Q What is Work Permit?

A According to Employment Service Act Article 68, foreign students working in Taiwan (whether it is on campus or off campus) must obtain a work permit. Anyone works for others without a work permit will be fined at least NT$ 30,000 and at most NT$ 150,000, and may be departed from the Republic of China. Also, according to Employment Service Act Article 63, any employer hires a foreign worker without work permit will be fined at least NT$ 150,000 and at most NT$ 750,000.

 

·         QWhich foreign students need to apply for a work permit?

A

(1) The foreign student completes the enrollment with excellent performances, and being recognized by the school with one of the following facts may practice in the work related to the selected courses and language:
     a. The finance status is unsustainable to support his/her study and life with concrete evident.
     b. The academic institute of the enrolling school needs foreign students participate in the research.
     c. Off campus internship related to the studied courses.

 

·         Q Does work permit has expiration date? What to do if one is expired?

A The working period of a work permit is 6 months.
     (1) Apply in the first semester- the expiration date of the work permit is March 31 of the next semester.
     (2) Apply in the second semester- the expiration date of the work permit is September 30 of the same year.
     (3) If still working after expiration date, please re-apply according to regulations.
 

·         Q What is the regulation on working hours?

A The working hours of the foreign students, overseas students, and students from Hong Kong and Macau are 16 hours a week except for summer and winter vacations.

 

·         Q Do the foreign students who teach in the university need a work permit?

A According to the regulations of Ministry of Labor, if a foreigner wish to practice in professional work, such as teacher and cram school teacher, he/she could not apply for student work permit. The Personnel Department will assist such student in applying a working visa. The student visa he/she has will be invalid.
 

·         QHow to apply a work permit?

A

(1) Fill out the application form of Bureau of Occupation Training, Ministry of Labor, Executive Yuan
(2) Copy of student ID front and back as studying evidence
(3) Copy of valid passport, residence card front and back
(4) One 2” photo (paste it on the application form)
(5) Receipt of the reviewing fee (NT$ 100/per person) [Applicant could pay at the post office through postal transfer. Name: Account of Bureau of Occupation Training, Ministry of Labor, Executive Yuan, employment approval fee; account: 19058848, or pay at the counter of Bureau of Occupation Training.]
(6) Related evidence. Please attach one of the following:

·         The finance status is unsustainable to support his/her study and life with concrete evident.

·         The academic institute of the enrolling school needs foreign students participate in the research. Proof from the hiring academic institute.

·         Off campus internship related to the studied courses. Proof from the department.

·         Graduate students being agreed by the institute to practice related on campus or off campus research.

·         With special language and being approved by Ministry of Education as the foreign teacher in the language centers of the universities or the language institute established by foreign country in Taiwan.

(9) All copies must note with “same as the original copy” and sign or stamp by the applicant.
(10) How to apply: please mail in the above mentioned documents in registered mail to 10F, No. 39, Sec. 1, Zhonghua Rd., ZHongzhen District, Taipei City (Tai Sugar Commercial Building), attn.: Bureau of Occupation Training (hiring foreign workers).
(11) It takes about 10 working days for Bureau of Occupation Training to process the case. The work permit will be mailed to the applicant in registered mail.
 

·         QWhat are the income tax regulations for foreign student workers?

A

(1) If the “duration of stay” is within 183 days of that year, no matter how much is the salary, income tax is being withheld (6% for income less than NT$28,170, and 18% if exceeded).
(2) If the “duration of stay” is over 183 of that year, it is addressed same as the local students. Income tax will be withheld for those who earned over NT$68,500.
(3) For example: From January 1 of that year calculate the duration of stay, until July 3 is 183 days (without leaving the country). From July 4, it can be addressed as local students.
 

·         QHow to declare individual income tax for foreign students?

A

(1) Declaration period: May 1 to May 31 of the next year. If leaving the country in the middle of the year, one shall declare the individual income tax one week before leaving. (Those who leaves the country in the middle of the year shall notify the accounting department of the University two weeks before leaving for report the income and issue the income statement for leaving declaration.)
(2) Method: In-person (No online declaration and barcode declaration).
(3) Form: “Simple” Foreigners and overseas residents’ income tax declaration form.
(4)Documents: withholding tax statement, passport, resident card, student ID.
(5) Declaration location: file the declaration to the local National Taxation Bureau or levy office. (If the residence address on the resident card is in Taipei City, please file it to National Taxation Bureau- Foreigners Department; if the residence address on the resident card is in other cities, please file it to the local levy office.)
(6) If there is tax refund, normally it will refund until the next year. The student could ask the teachers to provide warranty for completing the tax refund before departure (must apply two weeks before leaving).
 

·         QIf being taxed, how to apply for tax refund?

AIf tax is being withheld for those who do not stay for 183 days but later stay for more than 183 days, one shall file the tax declaration in May of the next year. The tax will be refunded or paid depends on the actual condition (stay less than 183 days has no tax refund).
     (1) Time: next year after filing the individual income tax.
     (2) Method: wire transfer to the personal account or by check.
For any questions, please contact National Taxation Bureau- Foreigners Department: 02-2311-3711 # 1116, 1118 (Chinese and English).
 

·         QHow to calculate the days of staying for foreigner students:

AThe days of stay of foreigner students are subject to the stamp on the passport (the first date doesn’t count, last date count). If leaving and arriving multiple times, the days are accumulated.

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