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Frequently Asked Questions > Immigration > Non-Resident Workers and Their Reuniting Kindred
 
Question:
What are the circumstances for a non-resident worker not to be granted a new “Worker’s Authorization to Stay” for a period of six months? Any exceptions?
Answer:
According to Term 2 Article 4 of Law No. 21/2009 amended by Law No. 4/2013, a non-resident whose Worker’s Authorization to Stay is revoked or invalidated will not be granted new Authorization to Stay for 6 months. However, exceptions can be made in the following situations:
1.
when, upon expiry of the stay permit due to the end of the respective term, a new stay permit is solicited by the employer of such worker at the moment on which the expiry occurred; (that means the renewal of “Non-resident Worker’s Authorization to Stay” was held by employer within 60 days before the expiration of the Stay)
2.
when the revocation or expiry of the stay permit results from the expiry of the employment contract;
3.
when the revocation of the stay permit results merely from the revocation of the employment permit for the non-resident workers conceded to the employer;
4.
when the termination occurred with the agreement between the employer and employee; (a declaration shall be submitted by employer, employee or his/her legal representative, on which containing the signature(s) of employer or both employer and employee and stating the reason of termination that is under the agreement of the two parties.)
5.
when the termination occurred with the decision from the employer or there is no just cause; (in this case, employee or his/ her legal representative is required to show documents released by Authority (e.g. Labor Affairs Bureau) as the evidence.)
6.
when the termination occurred with the decision from the employee, so long as there is a just cause. (in this case, employee or his/ her legal representative is required to show documents released by Authority (e.g. Labor Affairs Bureau) as the evidence.)
 


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