Article 5 Measures to Safeguard Various Rights
recommended that the government should engage in dialogue with the
general public to reach a consensus on selection criteria and regulations for
foreign marriage interviews. This will ensure that new immigrants enjoy the
right to freedom of entry and exit under Article 5 of ICERD.
G. Right to nationality and residence
(a) New immigrants
54. The regulations applicable to Chinese spouses applying for residency and
naturalization differ from those for foreign spouses.69 The Cross-Strait Act
governs the former,70 while the latter are governed by the Nationality Act . The
Cross-Strait Act stipulates that Chinese citizens who have applied for residency
or settlement can also apply for their lineal blood relatives over the age of 70
to settle in Taiwan.71 However, no relevant provisions in the Nationality Act
allow for aged lineal blood relatives of foreign spouses who have applied for
naturalization to settle in Taiwan.
55. Recommendations: The NHRC is concerned about the inconsistency in
conditions for Chinese and other foreign spouses to reside in Taiwan, obtain
Taiwanese nationality, and apply for aged lineal blood relatives to settle in
Taiwan after obtaining residency or Taiwanese nationality. The government
should initiate social dialogue, establish regulations in accordance
with General Recommendation No. 30, ensure that new immigrants are
not discriminated against in obtaining opportunities for citizenship or
naturalization, and review the regulations for aged lineal blood relatives to
settle in Taiwan.
69
70
71
Article 17 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area
Article 4 of the Nationality Act
Article 16 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area
41