Article 5 Measures to Safeguard Various Rights
that Taiwan’s agricultural industry is contending with the issue of an aging
population in which the average age of farmers has now reached 68 years
old. Farm families, to ensure their survival, are now relying on undocumented
migrant workers, who settle in rural and mountainous regions, establish
families, and form mutually dependent relationships with elderly farmers.
However, these workers also face risks due to losing medical insurance and
having to hide during searches, as well as losing out on childcare and social
development.75
59. Recommendations: The NHRC points out that according to General
Re co m m e n d at i o n N o. 3 0 , w h i c h co n ce r n s n o n - c i t i ze n s w h o l a c k
documentation, efforts must be made to reduce statelessness, especially for
children. However, the children of migrant workers may become stateless
due to reasons such as their parents being inability or unwillingness to
apply for legal residence for their children at the immigration office or due to
undocumented migrant workers choosing to give birth privately. This results
in the government being unable to properly assess these children’s status. The
government needs to propose concrete solutions when considering the right
to family reunion.
60. Concerning the residency of migrant workers with dependents, Article 23
of the Immigration Act stipulates that the spouses of approved residents
or permanent residents from abroad as well as their dependents under
the age of 18 can apply for residency if they enter the country with a valid
60-day visa. However, spouses of blue-collar migrant workers engaged in
occupations mentioned in Article 46, Paragraph 1, Subparagraphs 8 to 10 of
the Employment Service Act cannot apply for residency. Current legislation
generally prohibits the family members of blue-collar migrant workers from
75
The Control Yuan investigation report approved on December 7, 2022 (111 財調 0044)
43