An skilled immigration lawyer has hit out at Taiwanese officers over ongoing restrictions on Hong Kong migrants, which seem to run counter to its democratic authorities’s vocal opposition to China’s therapy of dissent within the metropolis.
Whereas it’s theoretically attainable for a Hong Konger to realize residency in Taiwan inside one yr of arriving on a unique visa, many with connections to mainland China – which has repeatedly threatened to invade Taiwan – or who’ve served within the metropolis’s authorities discover their instances dragging out far longer than that, lawyer Lee Rih-chun advised Radio Free Asia.
“They just don’t want them to get residency within one year – the so-called reasons they give for this are just empty words,” stated Lin, who has specialised in immigration instances for the previous six years.
“They shouldn’t let everyone apply, only to find out that it doesn’t take one year, but three or four, and they may not get it anyway,” he stated.
Taiwan formally amended its immigration guidelines in 2020 to permit these born in China to use for residency alongside different residents of Hong Kong and Macau, as a part of a package of policies providing an immigration path to these focused for the peaceable expression of their political beliefs below a draconian nationwide safety regulation.
However Lin stated the immigration division would not appear to have gotten the memo.
“They have made the rules public to the whole world,” he stated. “Why then is the government … not obeying the law?”
‘Sneaking around’
Earlier this month, the immigration bureau revealed, then eliminated, new guidelines banning Hong Kongers in Taiwan from participating in demonstrations or election campaigns, giving media interviews or “entering, sneaking around or taking photos or video at military and national defense properties.”
The Mainland Affairs Council later distanced itself from the foundations, saying solely that Hong Kongers solely have to abide by present Taiwanese regulation.
A Hong Konger who gave the nickname Sally stated she was apprehensive about upsetting the authorities and getting deported.
“After reading this document, I thought maybe it would be safer for me to go back to Hong Kong than to stay in Taiwan,” she advised Radio Free Asia on the time.
In the meantime, candidates for everlasting residency with China ties or an official background are being required to bear “supervision” intervals after arriving, violating their authorized proper to a well timed determination, Lin stated.
Additionally they face repeated and intrusive interviews on the justification for his or her migration plans, together with how they may help aged family they utilized to deliver with them as dependents, he stated.
No mainlanders allowed
Taiwan’s immigration guidelines state that no one discovered to hazard the island’s nationwide pursuits, public safety, public order, nor residents of mainland China, will likely be given everlasting residency within the island, which has by no means been dominated by the Chinese language Communist Social gathering nor shaped a part of the Individuals’s Republic of China.
However Lin stated officers appear to make use of repeated delaying techniques with candidates they don’t seem to be certain about, quite than giving them a definitive reply.
“There shouldn’t be delays of more than four months, whatever the arrangements,” he stated, citing the island’s administration process legal guidelines. “There’s no provision in law for probation periods, only for refusing an application.”
An official who replied to a question from Radio Free Asia stated all purposes from Hong Kongers with hyperlinks to China or its authorities, social gathering or army should be collectively reviewed by a number of companies, and rejected if there are fears for nationwide safety.
“Many Hong Kong residents have been approved to settle here already,” the official stated. “If there are doubts, a decision will be reserved, but the person concerned may remain in Taiwan while the review process continues.”
An official with Taiwan’s Mainland Affairs Council denied that the “observation periods” being imposed on candidates had been inhumane.
“This has nothing to do with disciplinary action,” the official stated, citing some purposes that had “violated the original intention” of the secure haven coverage.
Nonetheless, even profitable candidates have encountered obstacles when making use of to have aged dependent family be a part of them from Hong Kong.
Submit a ‘life plan’
A Hong Konger who gave solely the nickname April stated she already has residency and needs to deliver her 85-year-old mom to dwell together with her in Taiwan.
Her mom is now below a three-month obligatory “observation” interval, and has been required to submit a written “life plan” to the immigration bureau.
“What has she got to plan for, at 80-something years old, I thought to myself,” April stated. “She has already gotten health insurance … so she won’t be using up resources.”
One other applicant who gave solely the nickname Anna stated immigration authorities had began an investigation into her enterprise and the funding visa that relies on it after she utilized to deliver her mom to Taiwan.
“My investment visa and ID card have already been approved, so they should proceed logically,” she stated. “I don’t think I should have to go back over the details of my investment immigration process.”
In accordance with publicly accessible paperwork, the authorities have rejected a complete of 12 purposes for dependents of residency-holders, and their subsequent appeals, since 2020.
“The reason for reserving decisions and undergoing observation is to verify that the reason for the application is genuine,” the Mainland Affairs Council stated in a reply to Radio Free Asia. “The competent authority naturally needs to examine the needs, purpose and necessity of the applicant’s coming to Taiwan to rely on relatives. Attachments are irrelevant.”
“A lot of Hong Kong families are now separated [due to similar issues],” Anna’s husband stated. “How long will we be separated for and when will we get a decision?”
Translated by Luisetta Mudie. Edited by Malcolm Foster.
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