Chinese spouse denied 'settlement' residency over past China roles

Taipei, May 11 (CNA) An appeal by a Chinese woman married to a Taiwanese national to obtain "settlement residency" in Taiwan, a prerequisite for applying for Taiwanese citizenship, has been denied due to her past employment in Chinese state-linked entities.

In its April 29 decision, the Executive Yuan's appeal committee also upheld a previous Ministry of the Interior (MOI) review committee ruling that barred Cao from reapplying for settlement residency for three years.

The woman, surnamed Cao (曹), can file an administrative appeal within two months of receiving the decision.

Cao first applied for "settlement residency" in August 2025, but the MOI review committee rejected her application in early November, according to the Executive Yuan committee decision.

"Settlement residency" is an intermediate status granted to Chinese spouses in Taiwan, allowing them to apply for household registration in Taiwan within a 30-day window and thereby obtain Taiwanese citizenship.

Under Taiwan's rules governing residency applications by Chinese nationals, people who currently or previously held posts in Chinese Communist Party (CCP), government, military or political entities in China may be denied "settlement residency."

The Executive Yuan appeal committee upheld the MOI review committee's view that her previous employment "clearly" fell within the restricted category.

It also said Cao had "failed to truthfully declare" her work history when applying for "settlement residency" and was suspected of "abnormal China-related activities," though the decision did not provide further details.

The MOI had found that Cao had previously worked for two entities in China's Henan Province classified by Taiwan as a CCP, government or military-related unit.

Past China state-linked roles cited

She worked as a specialist at a railway office in Xinxiang between 1991 and 1996, and as director of the Nanqiao office under a district office in Xinxiang between 2001 and 2006, the Executive Yuan committee's decision said.

The MOI's review committee learned of Cao's two previous posts from her 2009 application for "family-based residency" made a few months before marrying her husband that same year.

She was granted "family-based residency" in 2015 and later obtained "long-term residency," which is valid until July 19, 2026.

Cao appeals; MOI states its case

When Cao filed her appeal, she argued that she had truthfully disclosed during her immigration screening in 2015 that the posts were assigned to her after graduation in 2000 and only involved errands and other clerical tasks, such as buying office supplies.

Through that screening, she said, she was granted residency in Taiwan at the time, according to the decision.

Cao also argued that the two positions were not covered by a 2004 notice issued by the Mainland Affairs Council (MAC).

In a written statement to the appeal committee to present its side of the argument prior to the decision, the MOI rejected Cao's arguments, saying the 2004 MAC notice applied to Taiwanese citizens, not Chinese nationals, the decision said.

The ministry also cited a MAC response in September 2025 stating that the railway office was a wholly state-owned company established by the Xinxiang municipal government, and that the Nanqiao office was under the same municipal government, meaning both were Chinese government units.

Cao also argued that denying her "settlement residency" could violate human rights because she has a child in Taiwan.

The Executive Yuan committee disagreed, saying the rejection did not affect her ability to live with her child in Taiwan because she still holds "long-term residency" and may apply to extend it under existing rules.