Foreign worker — live-in caregiving

When an employer applies to hire a live-in foreign care worker

Employers shall apply to the Central Competent Authority for a permit to recruit foreign worker(s) to work in the Republic of China

In order to apply to employ type B foreign workers, an employer is required to offer reasonable employment terms and register such job openings with a local public employment services agency

Foreign workers employed to engage in work detailed in Article 4 and Subparagraph 7, Article 5, must be 20 years old or older and possess one of the following qualifications: 1. Have passed a health examination at an overseas hospital approved by the central competent health and welfare authority of the Republic of China, or attended and passed a training program at a training facility designated by the competent labor authority in the country of origin, before entering the Republic of China, or have engaged in the same work in the Republic of China for six months or longer. 2. On arriving in Taiwan, foreign workers employed as live-in caregivers or home help are required to attend orientation classes lasting eight hour or longer at a location designated by the Central Competent Authority and obtain a certificate indicating they completed the class. However, this does not apply to individuals who attended the class within the past five years.

(Ⅰ)Employers intending to hire foreign workers for work categories listed in Subparagraphs 8 to 11 of Paragraph 1 of Article 46 must first attempt domestic recruitment with reasonable labor terms. The application for a permit to recruit foreign personnel is permissible only if sufficient domestic employees cannot be acquired to meet business needs. In the process of recruiting foreign workers under these conditions, employers are required to: notify the labor union or the workers of the business entity about the full details of such recruitment; announce publicly the recruitment information in the workplace where the foreign workers will be employed.

3. Live-in care work: take care of the daily lives of care recipients and related work in their homes.

(Ⅳ)Unless authorized by the Central Competent Authority under specific circumstances outlined in Paragraph 1 of Article 59, foreign workers employed in job categories listed in Subparagraphs 8 to 11 of Paragraph 1 of Article 46 may not change employers or work types.

(Ⅰ)Foreign workers employed in job categories listed in Subparagraphs 8 to 11 of Paragraph 1 of Article 46 may change to a new employer or engage in new work under the following circumstances, subject to authorization by the Central Competent Authority: 1.The death or emigration of the original employer or the care recipient. 2.Work discontinuation due to attached, sinking, or long-term repair of the vessel they work on. 3.Work discontinuation due to factory closure, suspension of business operations or failure to pay wages pursuant to the employment contract, resulting in termination. 4.Other than the above, similar circumstances not attributable to the employed foreign worker.

3. Assigning the employed foreign worker to work outside the scope of the work permitted.

4. Commanding a foreign worker, without authorization, who is employed for work as defined in Subparagraphs 8 to 10 of Paragraph 1 of Article 46, to change their workplace.

Type 2 foreign workers are not allowed to bring their family to live with them in the Re-public of China. However, this does not apply to children born to foreign workers during their term of employment who they are able to financially support.

第 2 條 本辦法用詞，定義如下： 一、第一類外國人：指受聘僱從事本法第四十六條第一項第一款至第六款 規定工作之外國人。 二、第二類外國人：指受聘僱從事本法第四十六條第一項第八款至第十款 規定工作之外國人。 三、第三類外國人：指受聘僱從事本法第四十六條第一項第十一款規定工 作之外國人。 四、第四類外國人：指依本法第五十條第一款或第二款規定從事工作之外 國人。 五、第五類外國人：指依本法第五十一條第一項第一款至第四款規定從事 工作之外國人。 前項第三款所定第三類外國人工作資格、申請許可、廢止許可及其他有關 聘僱管理等事項，依外國技術人力工作資格及許可管理辦法相關規定辦理

第 67 條 第二類外國人，不得攜眷居留。但受聘僱期間在我國生產子女並有能力扶 養者，不在此限。

第 40 條 第二類外國人之聘僱許可有效期間屆滿日前二個月至四個月內，雇主無繼 續聘僱該外國人之必要者，於該期限內應備申請書及其他經中央主管機關 規定之文件，為該外國人向中央主管機關申請期滿轉換。 原雇主申請期滿轉換時，該外國人已與新雇主合意期滿接續聘僱者，新雇 主得依轉換雇主準則規定，直接向中央主管機關申請接續聘僱外國人。

(Ⅱ)For work types in Subparagraphs 8 to 10 of Paragraph 1 of Article 46, permits shall also not exceed three years. In case of major and special circumstances, as defined by the Executive Yuan, further extensions may be granted, not exceeding six months for major construction projects.

(Ⅳ)A foreign worker who has complied with laws and regulations and has left the Republic of China upon employment termination or permit expiration or having failed health examinations but has since passed those examinations upon receiving medical attention in their home countries, may re-enter to work. Foreign workers in job categories under Subparagraphs 8 to 10 of Article 46 are limited to a total of 12 years of work in the Republic of China and are subject to the provisions of Subparagraph 2 of Paragraph 1 of Article 51.

(Ⅵ)Foreign workers providing homecare services (Subparagraph 9 of Article 46) who complete professional training or demonstrate exceptional skill and performance, and meet the eligibility criteria set by the Central Competent Authority, may serve up to 14 years in total within the Republic of China.

To optimize workforce deployment and retain outstanding technical talent, the Ministry has promulgated the "Regulations Governing the Qualifications and Working Permits of Foreign Technical Workers," which will take effect on January 1, 2026. Applicable to industries currently employing migrant workers—including manufacturing, slaughtering, construction, agriculture, and long-term care—employers may apply to transition senior migrant workers who have worked in Taiwan for 6 years or more, or overseas Chinese and foreign students who have obtained an associate degree or higher in Taiwan, into foreign technical workers, provided they meet the required salary and technical skill qualifications. Foreign technical workers face no limit on their duration of stay in Taiwan, enjoy higher wages, refine their technical skills, and are exempt from paying employment stability fees. Furthermore, after working for an additional 5 years, they become eligible to transition into the permanent residence system.