Jus Sanguinis Provisions

Taiwanese nationality is based on the principle of jus sanguinis and is passed on by blood. If one or both of your parents are Taiwanese nationals, it is very likely that you are automatically a Taiwanese national.

However, there is an important conceptual difference in Taiwanese citizenship compared to that of other countries. Taiwan only has the concept of a “National”, and what most people think of as the rights of a citizen are tied to what is known as Household Registration. Nationals with full residence and voting rights are known as Nationals with Household Registration (NWHR).

Many Taiwanese nationals living overseas may be unaware that they are Taiwanese nationals because they do not have the right to live or work in Taiwan without taking some additional steps. These individuals are known as Nationals without Household Registration (NWOHR). NWOHRs can hold Taiwanese passports, but they do not have a national ID number, which significantly reduces the usefulness of the passport.

If  Taiwanese parents wish their children to acquire Taiwanese citizenship, the first step is to determine whether either parent has ever held Household Registration. The relevant Household Registration document should then be brought to the local Taiwanese diplomatic mission, where advice on the appropriate procedure will be provided.

Naturalised Citizenship

The law permits children to acquire nationality at birth and by naturalisation in a limited number of ways.

Under Article 2 of the Nationality Act , a child acquires Taiwanese nationality if they are born to a Taiwanese national who was a national at the time of the child’s birth, or if they are born in Taiwan to unknown or stateless parents.

Under Articles 3 and 4 of the Nationality Act, a child is generally unable to apply for nationality by naturalisation on their own, as one of the key requirements is that the applicant possesses sufficient property or professional skills to support themselves. Reports also suggest that an applicant must be at least 20 years of age. However, under Article 7 of the Nationality Act, an unmarried child may apply for nationality where his or her parent acquires Taiwanese nationality through naturalisation.

Process

Generally, there are four steps involved in acquiring Taiwanese citizenship for persons with Taiwanese parents:

  1. Applying for a Taiwan (NWOHR) passport through the local Taiwanese diplomatic mission.
  2. Entering Taiwan using the Taiwan (NWOHR) passport.
  3. (Where applicable) Applying for a Taiwan Area Residence Certificate (TARC).
  4. Registering a Household Registration (定居) to become a full citizen.

The documents required at each stage, and whether a TARC is required before obtaining a Taiwanese National ID, depend on the applicant’s age and the status of the parents.

Information for Minors

If the applicant is under 18 years old and the parents have active Household Registration, a simplified procedure applies. The applicant is not required to apply for a Taiwan Area Residence Certificate (TARC) and may proceed directly to Household Registration.

As of 1 January 2024, children adopted by Taiwanese citizens may also apply for citizenship.

Where the parents have an active Household Registration, a child may also skip the step of applying for a Taiwan (NWOHR) passport overseas and instead enter Taiwan using a foreign passport. The child will still be permitted to complete Household Registration.

Applying for a Taiwan (NWOHR) Passport

A Taiwan passport may be applied for through the local Taiwanese diplomatic mission. In addition to passport photographs, applicants will generally be required to submit some of the following documents:

  • Home country passport;
  • Birth certificate;
  • Parents’ marriage certificate; and
  • Parents’ Household Registration, National ID card, passport and/or birth certificate.

Any document issued outside Taiwan must be translated into Chinese and certified by the Taiwanese diplomatic mission responsible for the jurisdiction in which the document was issued.

Direct to Household Registration (New in 2024)

As of 1 January 2024, an applicant who satisfies either of the following conditions may simply enter Taiwan using a NWOHR passport and become a full citizen:

  • The applicant was born in Taiwan to Taiwanese parents with Household Registration but was not registered before leaving Taiwan; or
  • The applicant was born overseas and at least one parent has Household Registration.

The applicant is only required to hold a Taiwan Area Residence Certificate (TARC) temporarily while the application is being processed. The applicant must first apply to the National Immigration Agency (NIA) for a TARC and then bring it to the Household Registration Office for immediate registration. It generally takes approximately 10 days to obtain the National ID card and a further 10 days to obtain a full Taiwan passport. The Taiwan passport must be used when departing Taiwan.

References:

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