applying for residency, which severely restricts the rights of these workers
to family reunion.76 However, exceptions can be made for migrant workers
who have children in Taiwan during their employment period, allowing their
dependents to stay with them. This results in differential treatment when
compared to other non-citizens. The law does not clearly specify conditions for
demonstrating the ability to support dependents. Therefore, migrant workers
are left to evaluate their capabilities on their own to determine if they can
adequately support their children. Even if children born to migrant workers in
Taiwan can legally reside with their parents, these workers may choose to send
their children back to their home country due to a lack of affordable childcare
or resources.77
61. Recommendations: General Recommendation No. 30 requires attention to
be paid to multiple discrimination issues affecting non-citizens and especially
the children and spouses of non-citizen workers. Placement and assistance
measures for disadvantaged children of migrants under the Protection of
Children and Youths Welfare and Rights Act should be properly implemented
to ensure the right to family reunion for migrant workers. Furthermore,
the government should work to eliminate obstacles that make it difficult
for migrant workers to place their children back home, and should devise
appropriate measures to ensure their protection.78
62. In the past, migrant workers have been excluded from immigration policies.
Taiwan’s policies when it comes to migrant workers have been characterized
76
According to Article 67 of the Regulations on the Permission and Administration of the Employment of Foreign Workers ,
blue-collar foreign workers cannot apply to have their dependents to stay with them. However, if workers have children
during their employment in Taiwan and are capable of supporting them, this restriction does not apply. Furthermore,
according to the MOL’s written reply dated February 24, 2023, currently, migrant workers with work permits who have
children during their employment and are capable of supporting them are not restricted from bringing their dependents
77
78
44
to stay with them.
How Migrant Workers Raise Children in a Foreign Country , pp. 53-54
How Migrant Workers Raise Children in a Foreign Country , pp. 108–110