Taiwan Grants Conditional Flexibility to Chinese Spouses Over Household Deregistration Rule Amid Immigration Controversy

In a move aimed at addressing mounting concerns from immigrant families, Taiwan’s Mainland Affairs Council (MAC) announced on Thursday a set of four clearly defined exemptions allowing certain Chinese spouses and their children to bypass the strict legal requirement of submitting proof that they have renounced household registration in China. Instead, eligible individuals may now submit sworn affidavits, provided they fall into specific hardship categories.

This decision comes amid a contentious debate over Taiwan’s enforcement of Article 9-1 of the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area—a law that prohibits Taiwanese citizens from holding household registration in China and has, until recently, resulted in stringent documentation demands from cross-strait families.

What’s New?

Under the updated guidance from MAC:

1. Alternative Affidavits can now replace the official proof of deregistration—but only in very limited scenarios.
2. The shift does not repeal the law, but introduces procedural compassion where objective hardships exist.
3. The move follows criticism from opposition lawmakers and immigrant advocacy groups, who claimed that the former rigid enforcement ignored the complexities of cross-strait family realities.

The Four Exemptions

According to MAC Deputy Minister Liang Wen-chieh, the affidavit alternative applies only under these circumstances:

1. Personal Safety Threats: Individuals at risk due to political persecution or religious oppression in China.
2. Medical Incapacity: Those with serious health issues or physical disabilities that prevent them from traveling.
3. Long-Term Non-Travel: Those who haven’t visited China since January 1, 2015.
4. Born in China, Settled in Taiwan as Infants: Particularly children of Taiwanese businesspeople who may never have had Chinese household registration.

If any of these individuals later travel to China, authorities may reassess and potentially demand full documentation retroactively.

Political Tensions and Public Backlash

The new announcement was triggered by a political storm involving the National Immigration Agency (NIA), which recently sent notices to over 12,000 Chinese spouses demanding proof of deregistration within three months.

KMT lawmakers denounced this as discriminatory. At a press conference, lawmaker Weng Hsiao-ling argued the notices were “administratively targeting a vulnerable group” and called for a suspension of the enforcement campaign. Others warned the policy could destabilize families and erode public trust in Taiwan’s immigrant integration process.

Policy Gaps and the Historical Oversight

Advocates like Nadia Liu, chairperson of the Taiwan Immigration Youth Alliance, argued that the policy isn’t new—rather, it’s the delayed enforcement of a long-standing rule. “It’s not a sudden change,” Liu said, “but a failure to communicate or act transparently in the past.” She added that this sudden activation of an old rule sows distrust among naturalized citizens, who now fear that citizenship may not be permanent.

Original Insight: What This Means for Taiwan’s Immigration Strategy

The controversy highlights a tension in Taiwan’s immigration narrative. While the country seeks to attract international talent and foreign investment—especially amid geopolitical uncertainty—it is simultaneously grappling with how to regulate and differentiate its policy toward Mainland Chinese migrants, given the unique constitutional status of cross-strait relations.

This duality—welcoming the global elite while scrutinizing Chinese spouses—could complicate Taiwan’s efforts to project itself as a liberal democracy in East Asia that values openness and rule of law.

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