During the summer vacation, many Taiwanese-American families will bring their children back to Taiwan to visit relatives, travel, or experience Taiwanese culture. However, for families with sons who are of military service age (between 19 years old as of January 1st and the year they turn 36 by December 31st), the trip back to Taiwan often comes with the consideration of whether their sons can smoothly exit the country.
The question of whether their children will be conscripted upon returning to Taiwan is a concern for many overseas parents. Tony Yeh, known as “Dad Yeh,” the administrator of the Facebook group “Taiwanese in LA,” whose son is 14 years old and about to turn 15, is at a stage where parents begin to pay attention to the conscription system.
Yeh mentioned that he had checked announcements from overseas embassies and the government but found it difficult to understand. Whether to apply for a Taiwanese passport with the “Overseas Resident Endorsement,” apply for the “Overseas Chinese Identity Certificate for Military Conscription,” or follow the procedures for “studying abroad” is not easy for parents to distinguish.
With recent adjustments to conscription and exit regulations, what overseas Chinese nationals with Republic of China citizenship most need to clarify is that the “Overseas Chinese Identity” and the “Foreign Study Identity” are two different conscription deferment systems, with different authorities and application procedures.
The “Overseas Chinese Identity Certificate for Military Conscription” has the same application requirements as the “Overseas Resident Endorsement” on the Taiwanese passport, but the former is valid for one year from the date of issue. The latter no longer has the “deferment” effect related to the passport. After the Ministry of the Interior amended the “Regulations on Service for Individuals who Naturalize as Citizens of the Republic of China and Return Overseas Chinese” where having the “Overseas Resident Endorsement” on the passport alone does not constitute completion of all conscription procedures.
The Overseas Community Affairs Council currently provides a section for the “Overseas Chinese Identity Certificate for Military Conscription,” which eligible overseas Chinese nationals can apply for; and since July 1st of this year, digital application services have been added, allowing applicants to choose between a printed or digital certificate. After completing email verification, if the application is approved, the digital certificate can be obtained through encrypted email.
Therefore, for families residing long-term in the United States, holding permanent residency or citizenship, and meeting the relevant criteria for overseas Chinese identification, they should confirm in advance whether their child qualifies as an overseas Chinese conscript and the procedures regarding “Exiting within 183 days of not residing” after returning to Taiwan, rather than waiting until after their return to deal with it.
Under the regulations of the National Immigration Agency of the Ministry of the Interior, students who have been registered with supervising authorities of high schools or higher education institutions abroad before reaching conscription age (including language schools) must provide authenticated proof of enrollment and other documents when applying to leave Taiwan after returning.
As per current regulations, the maximum age for conscript deferment through study is as follows: under 24 for below university level, under 27 for master’s programs, under 30 for doctorate programs; for some qualifying university programs and master’s or doctoral studies, it is possible to extend according to regulations, with the maximum age limit for doctoral programs typically being 33. Those exceeding the age for study must fulfill their military service obligation.
Furthermore, after returning to Taiwan, overseas students studying abroad are generally not permitted to stay in Taiwan for more than three months at a time. This means a student ID from a foreign school does not grant freer entry and exit for conscripted individuals partaking in the “studying abroad” program; they must still comply with clear regulations regarding documents, academic programs, age, and limits on staying in Taiwan after their return.
Another common misconception is that “if a child has a U.S. passport, they don’t have to serve in the military.” In reality, this claim is overly simplistic. Whether one qualifies as an overseas Chinese conscript and whether they can leave Taiwan again after returning must be based on personal nationality, household registration, residence status, immigration records, and relevant regulations; merely possessing a foreign passport is not a conclusive factor.
Similarly, the notion that “living in the United States long-term, only staying in Taiwan for a few months upon return” does not automatically exempt one from all military service obligations. Whether one genuinely meets the criteria for overseas Chinese identification and relevant exit regulations still needs to be assessed by supervising authorities on a case-by-case basis.
With adjustments to conscription policies, various methods of “evading conscription” and social irregularities have prompted discussions:
1. Pretending to be a foreigner or overseas Chinese: residing long-term in Taiwan or mainland China but exploiting their foreign status to evade conscription.
In society, there are many individuals who, although they have been living, working, or settling in Taiwan or mainland China for an extended period, utilize the advantage of dual nationality or foreign passports to create exit records by “regularly leaving the country for one or two months,” and even refrain from registering with the household registration system in Taiwan (maintaining a stateless national status) by pretending to be “overseas Chinese.”
Such individuals normally enjoy various resources in Taiwan or develop in mainland China; however, when faced with conscription issues, they present their American passport, green card, or immigration documents to the government, claiming to be “overseas Chinese living abroad” to evade their national duty, raising strong questions regarding fairness in society.
2. “Language schools” as a refuge for delaying conscription
Under current “studying abroad” regulations, overseas “language schools” are also considered legitimate educational channels. This has led to some conscripted individuals, after graduating from university, opting to delay their military service until the age limit of 24 by enrolling in foreign language schools at random. Some families even intentionally arrange for their children to study abroad at the age of 18, using educational delays of 5 to 10 years to postpone until the age limit or seek national status changes.
3. Reality calculations of “not registering” and inheritance succession
There are also some Taiwanese-American families who choose the strategy of “the father relinquishing Taiwanese citizenship, while the children and mother retain U.S. citizenship,” and deliberately ensure that the children in Taiwan “never register as residents” (only holding stateless national passports), completely severing clues for conscription. However, these individuals often return to Taiwan specifically to apply for Republic of China passports and certificates when needing to handle “inheritance inheritance” or “abandoning inheritance,” presenting an utilitarian phenomenon of “taking benefits while disregarding obligations.”
Immigration experts advise overseas parents nearing their child’s conscription age to first determine the child’s true identity:
1. If the child has grown up in the United States and meets the criteria for overseas Chinese identification: please ensure that all necessary verification documents such as a U.S. passport/green card are ready before departure and apply for the “Overseas Chinese Identity Certificate for Military Conscription” from an overseas embassy or the Overseas Chinese Affairs Commission, avoiding the misconception that holding a Taiwanese passport with the “Overseas Resident Endorsement” is sufficient.
2. If the child is studying in the U.S.: ensure to carry the latest authenticated “proof of enrollment” and upon return to Taiwan, apply to the National Immigration Agency for the “Study Abroad” endorsement, strictly abiding by the rule of not staying for more than 3 months each time.
The responsibilities of “overseas affairs” and “conscription” are distinctly separate, overseas Chinese nationals facing conscription regulations should prepare compliant documents in advance; this is the only proper way to smoothly bring their children back to Taiwan to visit relatives and prevent their children from being detained in Taiwan for military service. For Taiwanese-American families residing overseas long-term, returning to Taiwan for a family visit is a journey of seeking roots; by understanding conscription and exit regulations in advance, confirming if documents comply with the latest requirements, the risks of after-returning exit arrangements can be minimized.
Relevant regulations and application methods may still undergo adjustments; therefore, overseas Chinese parents should refer to the latest announcements from the Overseas Community Affairs Commission and the National Immigration Agency of the Ministry of the Interior before returning to Taiwan. ◇