How to Apply for Loss of Nationality of the Republic of China (Taiwan)? What Circumstances Do Not Permit Approval for Loss of Nationality? Content:
I. Requirements for Applying for Loss of Nationality of the Republic of China:
According to Article 11 of the Nationality Act, a national of the Republic of China who falls under any of the following circumstances may, upon approval by the Ministry of the Interior, lose the nationality of the Republic of China:
- A person without legal capacity or with limited legal capacity, whose foreign-national father, mother, adoptive father, or adoptive mother exercises parental rights and obligations or guardianship, and who acquires the same foreign nationality and relocates to live outside the territory of the Republic of China.
- A spouse of a foreign national.
- A person who has legal capacity under the laws of the Republic of China and voluntarily acquires a foreign nationality. However, a person under assistance declaration shall obtain the consent of his or her assistant.
- Where a person loses the nationality of the Republic of China pursuant to the preceding provisions, his or her minor children may, upon approval by the Ministry of the Interior, lose the nationality of the Republic of China together with such person.
II. Applicants for Loss of Nationality of the Republic of China shall complete an application form and submit the following documents:
- Proof of possession of nationality of the Republic of China (such as National Identification Card, Household Registration Transcript, or Passport).
- Proof of no outstanding tax payments or tax penalty fines, or the applicant may check the option on the application form authorizing the household registration office to verify on their behalf.
- Application for revocation of household registration: Nationals residing abroad who currently have or previously had household registration in Taiwan shall submit an application for revocation of household registration together with the application for loss of nationality. The applicant shall personally sign and seal the application and surrender the National Identification Card. After approval of loss of nationality by the Ministry of the Interior, the application for revocation of household registration will be forwarded to the household registration office of the applicant’s registered domicile for processing in accordance with Articles 24 and 62 of the Household Registration Act.
- For minors, consent from their legal representative.
- Male nationals residing abroad who fall under the proviso of Subparagraph 1, Paragraph 1 of Article 12 of the Nationality Act shall submit one of the following documents:
(1) A valid passport of the Republic of China endorsed with overseas resident status.
(2) Overseas Chinese status certificate for military service administration. - Other relevant identity documents:
(1) One photograph (with name written on the back, meeting the same specifications as photographs for the National Identification Card).
(2) Certificate fee of NT$1,200 (to be paid by postal money order payable to the Ministry of the Interior); for applications filed abroad, the certificate fee is USD 50 per certificate (which may be converted and paid in local currency).
※ Documents produced abroad shall be authenticated by ROC overseas missions and re-verified by the Ministry of Foreign Affairs; documents produced domestically by foreign embassies, consulates, or authorized institutions shall be authenticated by the Ministry of Foreign Affairs. Documents in foreign languages shall be accompanied by a Chinese translation authenticated by overseas missions and re-verified by the Ministry of Foreign Affairs or notarized by a domestic notary public.
※ Required documents vary depending on the grounds for loss of nationality. Please refer to the Department of Household Registration, Ministry of the Interior global information website – Laws and Application Guidelines – Nationality Application Guidelines – List of Documents for Nationality Change Applications.
III. Procedures for Applying for Loss of Nationality of the Republic of China:
Applicants residing in Taiwan shall personally apply (for minors, by their legal representative) at the household registration office of their domicile, which will forward the application to the municipality or county (city) government and then to the Ministry of the Interior for approval. Applicants residing abroad shall personally apply at an ROC overseas mission, which will forward the application to the Ministry of Foreign Affairs and then to the Ministry of the Interior for approval. After approval, the Ministry of the Interior will notify the municipality or county (city) government of the applicant’s domicile to process the revocation of household registration and surrender of the National Identification Card in accordance with Articles 24 and 62 of the Household Registration Act.
IV. Circumstances in Which the Ministry of the Interior Shall Not Approve Loss of Nationality:
According to Article 12 of the Nationality Act, approval for loss of nationality shall not be granted under any of the following circumstances:
- A male who, from January 1 of the year following the year he reaches the age of 15, has not been exempted from military service obligations and has not yet completed military service. However, this does not apply to nationals residing abroad who were born overseas and have no household registration in Taiwan, or who emigrated abroad before December 31 of the year they reached the age of 15.
- Active-duty military personnel.
- Incumbent public officials of the Republic of China.
According to Article 13 of the Nationality Act, even if the requirements of Article 11 are met, loss of nationality shall not be approved under any of the following circumstances:
- Being a criminal defendant under investigation or trial.
- Having been sentenced to imprisonment for a term of imprisonment or more, and the sentence has not yet been fully executed.
- Being a civil defendant.
- Being subject to compulsory enforcement proceedings that have not yet been concluded.
- Having been declared bankrupt and not yet reinstated.
- Having outstanding tax arrears or unpaid tax penalty fines.