Friday, March 20, 2020

Thoughts on the "Expanded Overstayers Voluntary Departure" Scheme

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I cannot imagine a poster with more Taiwanese-style design choices



I'm still forming a full opinion on this, so my position is subject to change.

At the moment, Taiwan has a program running where visa overstayers can voluntarily turn themselves in until 30 June 2020. They'll pay a minimal fine (NT$2000) and face no detention or entry ban.

Please be aware: anyone caught by authorities will be subject to full penalties which may include a ban on re-entering Taiwan. That includes being caught at any time, including the "voluntary departure" period.

There is no promise that the immigration authorities will not conduct checks during this period, and if you are caught you will be deported with full penalty. 
In other words, this program isn't aimed at helping you stay - it's aimed at convincing you to leave by making that option relatively painless. The government is not saying "you can overstay your visa", they're saying "you can't overstay your visa, but if you do, we'll make it easy for you to get out".

Therefore, "taking advantage" of the amnesty program is a huge risk. Do this at your peril: I can't in good conscience advise it. If you are an overstayer, you may get caught, and you may be deported.

It's quite clear that if you turn yourself in, at that time you will be expected to leave, so this is not a "you can stay" program. It's a "if you leave on your own before we catch you, we won't punish you" program. Bear that in mind.

On one hand, this is more than most countries do for people whose visas are running out, or who may be in the country illegally. It feels like a very 'Taiwanese bureaucracy' way of saying "in practice, you can theoretically stay until 30 June, which is our intention, but we have to pretend to be tough on immigration for appearances' sake".

It's not perfect and it doesn't reduce anxiety, but we really must recognize that the vast majority of governments would not do this. Taiwan did. That counts for something. 



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It also gives them leeway to decide to extend the program for as long as the CCP Virus rages. So, there is humanity in it. It offers options to some of the people who otherwise might have none.

Of course, there is no guarantee that the CCP Virus will have abated by then (do not believe the data coming out of China) and no guarantee that the program will be extended. There's no guarantee that a cheap, regional visa run will be possible at that time.

On the other hand, there are a lot of people it doesn't help. People trying to get paperwork through that would allow them to stay legally, but won't be processed by the time their visas run out and might have to wait out the CCP Virus in a far more dangerous country where they might not have a clear place to stay aren't offered much here. People who do regional visa runs (like the Honduran man in my last piece who wants to marry his Taiwanese partner, but can't) can use this program as an unofficial extension, but face uncertainty after that date. Illegal workers, especially those who are scraping by in Taiwan, might not have the resources to leave if they do turn themselves in.

What bothers me about it, I suppose, is that philosophically it's still in the "go home!" camp, and a lot of people facing visa issues in fact consider Taiwan home. As a supporter of open borders, I'd prefer a "you are here, we'll shelter in place together" approach. Instead, it's a kinder form of trying to kick people out.

Allowing all landing visa holders to convert to a visitor visa would be the real game-changer, as those visas would start running out at about the same time, but would grant temporary legal status rather than giving people anxiety for choosing to overstay. It looks a lot less "strict" but it would be a more progressive approach.

And yet, at a time like this, can I really expect a perfect response? 


It's hard to say I like this approach, but I have to recognize that it's a slight improvement in the situation with some practical benefits.

However, it really doesn't solve the issues faced by those who are affected by the travel ban as their legal stays in Taiwan start to expire.

Thoughts?

2 comments:

Jerome Besson said...

Fighting the expulsion decision would entail detention. Voluntary departure is an euphemism for the offender’s decision of not fighting the expulsion decision. Saves everybody involved a lot of hassle and time. The absence of temporary banishment is praiseworthy. It is also an incentive for turning oneself in. Those leaving a loved one behind can look forward to an early return.

Jenna Cody said...

If they survive the CCP Virus, that is. There is the issue of danger to health.

The government has sort of said without saying that it's not going to look for overstayers, which to me means they won't expel you. I'd say turn yourself in...at the last possible moment. I would prefer that they just be allowed to shelter in place, though. Saying "just go home and come back" is basically saying "you don't deserve medical sanctuary" but...it would be humane to offer it. I don't think the default should be "leave", necessarily, and exceptions and extensions for people who have means to secure residency should be lenient. They should expand who can turn a landing visa into a visitor visa.