Chinese Man's Taiwan Residency Denied After Marriage Deemed Inauthentic

Taiwan's immigration authorities have denied a Chinese national's application for long-term residency, citing a marriage that was not deemed genuine. The man, identified by the surname Yang, had applied for long-term residency after living in Taiwan on a dependent visa since 2018. However, an investigation by the National Immigration Agency found significant discrepancies in the couple's statements and evidence regarding the authenticity of their marriage.

Authorities noted that Yang and his wife, also surnamed Yang, had been separated for over four years. The wife, who is a Taiwanese national, reportedly expressed a firm desire for divorce. The couple's differing accounts of their marital reality, coupled with the prolonged separation, led the authorities to conclude that the marriage was not primarily for the purpose of cohabitation and mutual life, but rather a means for Yang to gain residency in Taiwan.

Yang appealed the decision, arguing that his legal marriage entitled him to residency rights and that he had stable employment and housing in Taiwan. He claimed that COVID-19 pandemic restrictions prevented him from living with his wife. However, the Administrative Court, in its appeal decision, highlighted that during divorce proceedings, Yang's lawyer had suggested delaying the divorce until after Yang obtained long-term residency. The court also noted the wife's testimony that Yang frequently returned to China for extended periods, spending over four years of their eight-year marriage in divorce litigation, which left her emotionally distressed.

The Administrative Court ultimately upheld the original decision, stating that while court rulings are considered, the government has the right and necessity to investigate the genuine nature of marriages for immigration purposes. The court found substantial flaws in the couple's statements during interviews and concluded that their relationship lacked a strong foundation, making it difficult to maintain the marriage. Consequently, Yang's application for long-term residency was denied, and his dependent residency permit was revoked.