Phase I: Application for Legal Capacity Certificate (Pursuant to Art. 2 of the Philippine family code, Certificate of Legal Capacity is critical to the validity of marriage. Please refer to REQUIREMENTS FOR APPLYING LEGAL CAPACITY for details)
1. Taiwanese citizens, who intend to marry a Filipino or other foreign national in the Philippines, are advised to apply for Legal Capacity Certificates at our office with following supporting documents:
a. Taiwan Household Registration Certificate issued within three months (one copy).
b. Personal affidavit of singleness status duly notarized by Taiwan District Court and authenticated by the Bureau of Consular Affairs of the Ministry of Foreign Affairs of ROC. Furthermore, please submit the employment certificate.
c. Taiwanese passport & ID Card (original & one photocopy).
d. Marrying fiancée’s/fiancé’s (either foreign national or overseas Chinese) certificate of live birth and singleness secured from National Statistics Office and authenticated by the Department of Foreign Affairs with documentary stamp affixed to each document (original & one photocopy).
Note: Our office only accepts documents obtained from National Statistics Office; however, certificate of live birth registered after 12 years old or documents with correction on entries exceeding three items must seek an affirmative court decision on the assumption of identity and submit enough identity certificates for reconsideration. Late birth registration done after 21 years old would not be accepted.
e. Each of the to-be-married parties must fill up the personal data form (one copy each).
f. Authenticated medical certificate (including HIV test) of the Filipino spouse (original & one photocopy).
g. Each of the to-be-married parties must provide verifiable evidence of direct communication for at least the last 3 months such as letters, photos taken or other credible records (original & one photocopy).
h. If one of the parties is unemployed, he/she must submit financial documents like bankbook or duly notarized affidavit of support executed by the supporters.
2. Once the applicant gets the Legal Capacity Certificate from our office, he/she can apply for marriage license at the fiancée’s/fiancé’s respective City or Municipal Hall. The applicant may also register for the required interview which will be scheduled approximately 45 days later.
Phase II: Application for Marriage Certificate Authentication and Visa, Interview
3. On the day of interview, the married couple must present the following documents for marriage certificate authentication, visa and pay the corresponding fees :
a. A filled up authentication application form.
b. Original and one photocopy of contracting spouses’ passports including the entry/exit and visas stamps. (It is suggested that it is better for the Filipino wife to carry her husband’s surname).
c. Original and one photocopy of Certificate of Marriage secured from the National Statistics Office authenticated by the Department of Foreign Affairs with documentary stamps affixed to them. (In case of additional application for translation authentication, attach Chinese version of the Marriage Certificate to each of the original and one copy).
d. The Filipino spouse should at the same time apply for authentication of his/her declaration of Chinese name.
e. Original and one photocopy of NBI Clearance authenticated by the Department of Foreign Affairs with documentary stamps affixed to them. (In case of additional application for translation authentication, attach Chinese version to each of the original and one copy).
f. In case of Philippine spouse getting pregnant before marriage, original and one photocopy of Philippine spouse’s singleness status certificate secured from National Statistics Office and authenticated by the Department of Foreign Affairs with documentary stamp affixed to each document (In case of additional application for translation authentication, attach Chinese version to each of the original and one copy).
g. A filled up visa application form.
h. Two (2) 1.5”×2” head ＆ shoulder photos with white background (taken within 3 months).
Reminder: Kindly verify all the entries in the marriage certificate such as names, date of birth, date of marriage, etc. If there is any discrepancy, it is subject to prompt correction. Otherwise, our office cannot authenticate the erroneous document.
Phase III: After the Interview :
4. Pass through the interview :
a. During the interview, the married couples must prove that their marriage resulted from a sound agreement based on mutual understanding of each other’s personal background, family and culture；they are cross-culturally compatible and psychologically and economically capable of managing a family life. However, our office will authenticate the marriage documents upon the confirmation of the identity and pertinent documents of the foreign spouse.
b. Taiwanese citizens should make the marriage registration at the census administration office by the authenticated documents and apply one copy of household registration certificate in Chinese. The Philippine spouse’s name, date of marriage and date of marriage registration should be remarked on the household registration certificate. Once the household registration certificate is submitted to the Consular Hall’s No. 10 counter of our office by the Philippine spouse or the agent, our office will issue the proper visa.
5. In interview and documents verification, findings below are cases wherein our office may reject the application for marriage certificate authentication. It is also our prerogative to withhold those documents found to be faked and then forward them to proper government agencies for further verification and investigation.
a. Foreign spouse has used different identity or spurious documents.
b. Foreign spouse has violation records such as overstaying, runaway from employer, breach of contract, etc when he/she was in Taiwan.
c. If one of the contracting parties has serious or infectious disease or disability which prevents him/her from performing the task as a spouse.
d. If the Taiwanese citizen has two or more divorces or any divorce either against PRC spouse or other foreign national; it shows his/her incapacity of managing a marriage.
e. If the Taiwanese husband has been unemployed for a long time or has received low income due to lack of skills, and having difficulty in coping up with the minimum standard of household living defined by the ROC government.
f. If the foreign husband has been unemployed for a long time or has received low income due to lack of skills, and, therefore, making it difficult for him to get jobs and fulfill the responsibility of supporting his family in Taiwan.
g. If the foreign wife receives education lower than secondary school level, or even higher education study but lacks desire to work, and always remains unemployed or dependent on others.
h. Both parties have difficulties in verbal communication. Although they have claimed to know each other through constant contacts, they are still unacquainted with their spouse’s families and other pertinent background. It is deemed an irrational marriage.
i. Other cases wherein foreign spouse’s stay in Taiwan is deemed to become a social burden for Taiwan.
6. The applicant can request refund the authentication fee in case of rejection after interview, but visa fee is non-refundable.
Phase IV: Petition for Reconsideration
7. Except those who have been found to have seriously violated the laws and regulations that make their marriage questionable or invalid, couples encountering cases listed in Item 5 and want to appeal for reconsideration, can file their petition within sixty (60) days, and provide supporting documents as follows:
a. Verifiable certification or proof from judicial, administrative or medical agencies;
b. Financial statement or employment certificate;
c. Both parties’ communication records. e.g. telephone bills, emails or letters;
d. Wife’s pregnancy health check booklet secured from credible clinics;
e. Other certification wherein the status quo has been proven to be improved;
8. Petition for reconsideration will be reviewed and the couple will be interviewed again, if required. After the interview, his/her foreign spouse may be granted a short visitor’s visa while the case is still under study.
*** Overseas Taiwanese Citizens who married local Filipinos or other foreign nationals with permanent resident status in the Philippines and want to apply for immigrant visa shall follow the same procedural requirements on marriage certificate authentication.
*** For Taiwanese citizen with ID CARD married to Filipino or other national, if the marriage was arranged by a matchmaker without applying for legal capacity certificate in our office, our office may reserve the right to deny his/her applications for marriage certificate authentication and visa.
*** If a Filipino-Taiwanese, who obtained his/her citizenship through naturalization, and divorced his/her Taiwanese spouse, or became a widower/widow, then came back to marry another Filipino, is supposed to dwell in the Philippines. Therefore, our office shall refuse to authenticate his/her marriage certificate；Still, the Filipino spouse can apply for visa to Taiwan in accordance with our immigration regulations and visa requirements.
Taipei Economic and Cultural Office