New immigrants 5. In the 2022 Independent Opinion on the Second National Report on the CRC, §6 indicated that some children of Chinese nationality under the age of 18 who had been living and studying in Taiwan for years and had not yet been naturalized were not able to return to Taiwan for over six months due to COVID-19 after traveling to China to visit relatives, thus affecting their right to family reunification.4 The NHRC was also concerned that, under Article 4 of the Nationality Act ,5 New immigrant children who had not yet been naturalized faced potential difficulties in the naturalization process and in obtaining nationality because they were unable to meet the residency requirement, since they could not return to Taiwan as scheduled during COVID-19 due to differential border controls. Migrant workers 6. Impacts of the pandemic policy on migrant workers included differential treatment in quarantine and immigration control and issues experienced by non-national children attempting to return to their home countries or to 4 5 See §6 of NHRC’s 2022 Independent Opinion on the Second National Report on the CRC. Article 4 of the Nationality Act : Foreign nationals or stateless persons who currently have domicile in the territory of the ROC, meet the conditions prescribed in Subparagraphs 2 to 5 of Paragraph 1 of Article 3, and have legally resided in the territory of the ROC for more than 183 days each year for at least three consecutive years, may apply for naturalization if any of the following circumstances apply: 1. If they are married to an ROC national, they are not required to meet the conditions prescribed in Subparagraph 4 of Paragraph 1 of Article 3. 2. They have divorced an ROC national due to domestic violence and have not since remarried, or their ROC spouse has died and they have not remarried and can demonstrate they remain in contact with family members of their deceased spouse. However, those who had been married to an ROC national for at least two years before his or her death are exempted from the requirement concerning contact with family members. 3. They support their children who possess ROC nationality and who are legally incompetent or have limited legal competence, exercise rights and obligations on behalf of such children, and meet and interact in person with them. 4. They have at least one parent who is or was an ROC national. 5. They have been adopted by an ROC national. 6. They were born in the territory of the ROC. 7. They are the guardian or assistant of an ROC national. Foreign nationals or stateless persons who are unmarried minors, whose (adoptive) father or (adoptive) mother is an ROC national, who have legally resided in the territory of the ROC for less than three years, and who do not meet the conditions prescribed in Subparagraph 2, 4, and 5 of Paragraph 1 of Article 3, may apply for naturalization. 8