This guide follows Taiwan law. Consultations are in Mandarin; bring an interpreter or ask us about interpretation.
The criminal ground for revoking residence or permanent residence is a final sentence of one year or more of fixed-term imprisonment, except for negligent offenses or suspended sentences (Immigration Act (入出國及移民法), Arts. 32 and 33). Deportation under Article 95 of the Criminal Code (中華民國刑法) is ordered by a court; forced deportation by the National Immigration Agency (移民署, NIA) is an administrative decision (Art. 36). Unless you are detained, restricted from leaving or similar, the NIA may still deport you while your case is pending (Art. 36(3)). If a judicial authority has had you barred from leaving, the NIA may let you keep residing after your reason for residence ends (Art. 31).
Will my ARC be cancelled just because I'm under investigation?
Being under investigation or on trial is not yet the criminal ground in Article 32, which requires a final sentence. The criminal ground on which the NIA revokes or cancels a residence permit, and cancels the Alien Resident Certificate (外僑居留證, ARC), is "a final sentence of one year or more of fixed-term imprisonment" (Immigration Act, Art. 32, item 3); the same applies to permanent residence (Art. 33, item 3).
Other rules still affect residence. If the reason for which your residence was granted no longer exists, the NIA cancels the permit unless a listed exception lets you stay (Art. 31(4)). And when you apply for residence or to change its purpose, "having a criminal record" is one ground on which the NIA may refuse, revoke or cancel the permit (Art. 24(1)(3)).
After a final sentence, when is residence or permanent residence revoked?
A final sentence of one year or more of fixed-term imprisonment leads to revocation or cancellation of the residence permit, unless the offense was negligent or the sentence was suspended. (Immigration Act, Art. 32, item 3) The same rule applies to permanent residence and the Alien Permanent Resident Certificate (APRC) (Art. 33, item 3). A person who is deported also loses residence or permanent residence (Art. 32, item 8; Art. 33, item 8).
So the length of the sentence, whether the offense was negligent, and whether the sentence is suspended (緩刑) all matter for your residence. For suspended sentences, see our guide to criminal records and suspended sentences; for ending an investigation by deferred prosecution (緩起訴) and similar outcomes, see our guide to deferred prosecution and non-prosecution.
移民署對有下列情形之一者，撤銷或廢止其居留許可，並註銷其外僑居留證：……三、經判處一年有期徒刑以上之刑確定。但因過失犯罪或經宣告緩刑者，不在此限。（入出國及移民法第32條第3款）
Unofficial English summary (not an official translation): the NIA revokes or cancels the residence permit and the ARC of a person finally sentenced to one year or more of fixed-term imprisonment, except where the offense was negligent or the sentence was suspended.
Court-ordered deportation vs. NIA deportation: what's the difference?
The first is ordered by a court in the criminal judgment; the second is an administrative decision of the NIA. A foreigner sentenced to fixed-term imprisonment or more may be deported (驅逐出境) after the sentence has been served or pardoned (Criminal Code (中華民國刑法), Art. 95). Where a court has ordered deportation together with its judgment and this has become final, the NIA may carry out forced deportation (強制驅逐出國) directly, without a review board (Immigration Act, Art. 36(4)(2)).
The NIA "must" deport in cases such as entry without immigration inspection (Art. 36(1)). In cases such as failing to apply for an extension before your stay or residence expires, or having your residence permit revoked or cancelled, it "may" deport you or order you to leave within 10 days (Art. 36(2)).
外國人受有期徒刑以上刑之宣告者，得於刑之執行完畢或赦免後，驅逐出境。（刑法第95條）
Unofficial English summary (not an official translation): a foreigner sentenced to fixed-term imprisonment or a heavier penalty may be deported after serving the sentence or being pardoned.
My case isn't over. Can the NIA deport me first?
You may be deported or ordered to leave, except where you are held in pretrial detention, brought in for compelled appearance, held in civil custody or restricted from leaving. Where a foreigner with a deportation ground under Article 36(1) or (2) is involved in a criminal case that has entered judicial proceedings, the NIA must notify the judicial authority 10 days before deporting them. Unless the person is held in pretrial detention (羈押), brought in for compelled appearance (拘提), held in civil custody (管收) or restricted from leaving, the NIA may deport them or order them to leave (Immigration Act, Art. 36(3)).
If a deportation decision has been made but a judicial authority has lawfully notified an exit restriction, enforcement may be postponed (Regulations on forced deportation of foreigners (外國人強制驅逐出國處理辦法, the Deportation Regulations), Art. 9(1)(5)).
移民署於知悉前二項外國人涉有刑事案件已進入司法程序者，於強制驅逐出國十日前，應通知司法機關。該等外國人除經依法羈押、拘提、管收或限制出國者外，移民署得強制驅逐出國或限令出國。（入出國及移民法第36條第3項）
Unofficial English summary (not an official translation): if a foreigner facing deportation under the previous two paragraphs is in a criminal case that has entered judicial proceedings, the NIA must notify the judicial authority 10 days before deportation, and unless the person is held in pretrial detention, brought in for compelled appearance, held in civil custody or restricted from leaving, the NIA may deport them or order them to leave.
My exit is restricted and my residence is about to expire. What now?
Apply for an extension before it expires; if your reason for residence has ended, the exit ban lets the NIA allow you to stay. If you need to keep residing, you must apply to the NIA for an extension before your residence expires (Immigration Act, Art. 31(1)). If your reason for residence has ended but you are barred from leaving under Article 21(1), the NIA may allow you to continue residing (Art. 31(4)(8)).
When a judicial authority notifies an exit restriction, the NIA must bar the foreigner from leaving (禁止出國, exit ban) and, at immigration inspection, hand them a written notice on the spot and tell them why (Art. 21). The NIA says foreigners can check, in person or through someone they authorize, at any NIA service center whether they are barred from leaving, free of charge. A residence extension must be applied for within the 3 months before your residence expires (Regulations on foreigners' stay, residence and permanent residence (外國人停留居留及永久居留辦法, the stay regulations), Art. 9(1)), and for an extension not based on the original purpose of residence, the NIA's example documents include "relevant documents from a judicial authority". When you apply for a residence extension, the NIA may refuse it if any of the grounds in Article 24(1) of the Immigration Act applies (Art. 17(1) of the stay regulations). For how long a criminal exit restriction (限制出境) lasts and how to challenge it, see our guide to exit restrictions.
What procedural rights do I have before the NIA deports me?
You must be given a chance to state your views, and if you hold residence or permanent residence, a review board generally has to meet first. Before a forced deportation, the NIA must give the person an opportunity to be heard; before deporting someone who holds a residence or permanent residence permit, it must also convene a review board (審查會), except in cases set by law, such as a written waiver of the right to state views or a final court order of deportation (Immigration Act, Art. 36(4)).
You may appoint a lawyer and an interpreter to be present, subject to restriction or prohibition in cases set by law (Art. 36(5)). You may appoint up to 3 lawyers, and the wait for your lawyer and for your interpreter may not exceed 4 hours each (Deportation Regulations, Art. 4). The review must consider the right to family reunion and the best interests of minor children (Deportation Regulations, Art. 7(2)). The deportation decision must be written in a language you understand and state how to challenge it, and within 24 hours at the latest the NIA must contact your country's embassy, consulate or authorized office in Taiwan, or notify the relatives, friends or lawyer you have named in Taiwan (Deportation Regulations, Art. 8).
After I leave Taiwan, can I come back?
You may be refused entry, but the law says "may", so the NIA has discretion. The NIA may bar entry (禁止入國) to a foreigner who has a criminal record in Taiwan or abroad, or who has previously been refused entry, ordered to leave or deported (Immigration Act, Art. 18(1)(7), (11)). A criminal record or past deportation is also a ground on which a later residence application may be refused (Art. 24(1)(3)).
The NIA says that where a barred foreigner meets the requirements of its operational rules on entry bans (禁止外國人入國作業規定), a spouse (Taiwanese or foreign) or a Taiwanese relative may apply to halve or shorten the ban, or to lift it. The listed situations include being married to a Taiwanese national with household registration, with the marriage registered and a biological child born to the couple, having a spouse in Taiwan who is seriously ill, and having been divorced by court judgment after domestic violence while having a minor child registered in Taiwan.
When do I need a lawyer?
Whether your residence is affected depends on the sentence, whether the offense was negligent, and whether the sentence is suspended. It may also run alongside an exit restriction or deportation proceedings, so it is best to assess them together, based on the NIA's formal notices. This article is general information, not legal advice on your case.