Chinese Citizen Visiting Family in Taiwan Continues Using Chinese Passport; Ministry of Interior Revokes Residency
A Chinese student who obtained Taiwanese permanent residency through his mother had his residency and household registration revoked by the Ministry of Interior for continuing to use his Chinese passport, a clear violation of cross-strait regulations.
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- 📰 Published: April 19, 2026 at 13:15
- 🔍 Collected: April 19, 2026 at 14:00 (45 min after Published)
- 🤖 AI Analyzed: April 19, 2026 at 14:28 (28 min after Collected)
According to the appeal decision document published by the Executive Yuan in April, a Chinese student surnamed Lu applied for residency in Taiwan in December of Year 112 (2023) on the grounds of visiting his Taiwanese mother, surnamed Lin. He was approved in December of Year 113 (2024), subsequently submitted proof of losing his original household registration in March of Year 114 (2025), and completed his Taiwanese household registration in early April.
The decision states that when the student arrived at Taoyuan International Airport from Thailand for immigration inspection in October of Year 114, he was found by the National Immigration Agency of the Ministry of Interior to be holding a passport from the Mainland Area (valid until July 3, Year 116). Consequently, in accordance with the regulations regarding Mainland Area people visiting relatives, residing long-term, or settling in Taiwan, his permanent residency was revoked, and his resident certificate was canceled.
The student, Lu, filed an appeal arguing that he originally applied for a 1-year student visa using his Mainland passport to study in Chiang Mai, Thailand. After canceling his Mainland household registration in February of Year 114, his student visa was canceled simultaneously. Because he used the Mainland passport when departing Thailand, he brought it back to Taiwan but did not use it subsequently.
Lu pointed out that returning to Taiwan this time, he intended to apply for a Thai student visa using his Republic of China (Taiwan) passport and entered using the ROC passport. Unexpectedly, immigration officers found the Mainland passport in the document folder held by his mother. He is a 13-year-old minor, did not intentionally possess it, and maintaining his Taiwanese household registration is crucial to his growth and life. He deemed the original punishment clearly too severe and hoped for a revocation.
The Ministry of Interior countered that after Lu completed his household registration on April 2, Year 114, he still used his Mainland passport to travel in and out of Thailand between April 17 and October 3. The evidence of using a Mainland passport is clear and fits the circumstances stipulated in Article 9-1 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area. Revoking his residency according to the law was not an error.
The Ministry stated that Lu has lived in the Mainland Area and studied in Thailand until now. From his first arrival in Taiwan on July 11, Year 113, to the day his household registration was canceled on October 27, Year 114, he only spent 47 days in Taiwan. His connection to Taiwan is very weak. Furthermore, Lu provided an affidavit to the Immigration Agency on October 31, Year 114, stating he would return to the Mainland Area to restore his household registration.
The Ministry added that since Lu is the biological child of Lin, a Taiwanese citizen, and is under 18, he can legally apply to the Immigration Agency for special project residency based on social considerations. After legally residing continuously in Taiwan for 2 years, staying over 183 days each year, he may reapply for residency according to cross-strait regulations. Lu can still apply if he needs to in the future.
The Executive Yuan's Appeal Review Committee considered that Article 9-1 of the Cross-Strait Act stipulates that people of the Taiwan Area may not establish household registration in the Mainland Area or hold a Mainland passport. Violators lose their status as people of the Taiwan Area, unless deemed necessary for special consideration by relevant authorities. The regulations for Mainland residents also state that those who establish a household or hold a Mainland passport, losing their Taiwanese status, may have their residency and household registration revoked.
The Review Committee pointed out that Lu's mother, Lin, was originally from the Mainland Area, married a Taiwanese citizen in Year 92 (2003), and was granted residency in Taiwan, but they divorced in Year 100 (2011). Lin later married a Mainland man surnamed Lu in Year 101 (2012) and gave birth to the student.
The committee stated that although Lu submitted documents proving the cancellation of his Mainland household registration in March of Year 114, he continued to use the passport obtained in Shanghai in July of Year 111, which violated legal provisions. As for Lu still being able to apply for special project residency or settlement, the rights of the minor have already been accommodated, therefore the original punishment should be upheld. (Editor: Pan Yi-ching) 1150419
The decision states that when the student arrived at Taoyuan International Airport from Thailand for immigration inspection in October of Year 114, he was found by the National Immigration Agency of the Ministry of Interior to be holding a passport from the Mainland Area (valid until July 3, Year 116). Consequently, in accordance with the regulations regarding Mainland Area people visiting relatives, residing long-term, or settling in Taiwan, his permanent residency was revoked, and his resident certificate was canceled.
The student, Lu, filed an appeal arguing that he originally applied for a 1-year student visa using his Mainland passport to study in Chiang Mai, Thailand. After canceling his Mainland household registration in February of Year 114, his student visa was canceled simultaneously. Because he used the Mainland passport when departing Thailand, he brought it back to Taiwan but did not use it subsequently.
Lu pointed out that returning to Taiwan this time, he intended to apply for a Thai student visa using his Republic of China (Taiwan) passport and entered using the ROC passport. Unexpectedly, immigration officers found the Mainland passport in the document folder held by his mother. He is a 13-year-old minor, did not intentionally possess it, and maintaining his Taiwanese household registration is crucial to his growth and life. He deemed the original punishment clearly too severe and hoped for a revocation.
The Ministry of Interior countered that after Lu completed his household registration on April 2, Year 114, he still used his Mainland passport to travel in and out of Thailand between April 17 and October 3. The evidence of using a Mainland passport is clear and fits the circumstances stipulated in Article 9-1 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area. Revoking his residency according to the law was not an error.
The Ministry stated that Lu has lived in the Mainland Area and studied in Thailand until now. From his first arrival in Taiwan on July 11, Year 113, to the day his household registration was canceled on October 27, Year 114, he only spent 47 days in Taiwan. His connection to Taiwan is very weak. Furthermore, Lu provided an affidavit to the Immigration Agency on October 31, Year 114, stating he would return to the Mainland Area to restore his household registration.
The Ministry added that since Lu is the biological child of Lin, a Taiwanese citizen, and is under 18, he can legally apply to the Immigration Agency for special project residency based on social considerations. After legally residing continuously in Taiwan for 2 years, staying over 183 days each year, he may reapply for residency according to cross-strait regulations. Lu can still apply if he needs to in the future.
The Executive Yuan's Appeal Review Committee considered that Article 9-1 of the Cross-Strait Act stipulates that people of the Taiwan Area may not establish household registration in the Mainland Area or hold a Mainland passport. Violators lose their status as people of the Taiwan Area, unless deemed necessary for special consideration by relevant authorities. The regulations for Mainland residents also state that those who establish a household or hold a Mainland passport, losing their Taiwanese status, may have their residency and household registration revoked.
The Review Committee pointed out that Lu's mother, Lin, was originally from the Mainland Area, married a Taiwanese citizen in Year 92 (2003), and was granted residency in Taiwan, but they divorced in Year 100 (2011). Lin later married a Mainland man surnamed Lu in Year 101 (2012) and gave birth to the student.
The committee stated that although Lu submitted documents proving the cancellation of his Mainland household registration in March of Year 114, he continued to use the passport obtained in Shanghai in July of Year 111, which violated legal provisions. As for Lu still being able to apply for special project residency or settlement, the rights of the minor have already been accommodated, therefore the original punishment should be upheld. (Editor: Pan Yi-ching) 1150419