Q: If a migrant worker returns to their country of origin to visit family or is on unpaid leave, on returning to work in Taiwan does the foreign worker classify as having continually worked in the country? When applying for intermediate skilled foreign workers status can this period be included as part of the worker’s time working in Taiwan?

Answer:

1. If a migrant worker returned to his home country to visit family during the period for which the employment permit is valid and was forced to remain overseas for a period due to the outbreak of the COVID-19 pandemic or other reason, but returns to Taiwan later, or in accordance with the provisions of Paragraph 1, Article 59 of the Employment Service Act, and with the agreement of the MOL, transfers employer or work and is waiting for the transfer, the period for which the worker is employed to work in Taiwan will still be viewed as having been continuous and therefore allow an application to engage in intermediate skilled work.
2. Foreign workers who have worked for the same employer for an accumulated 6 years or longer are also eligible to apply, the six years do not have to be consecutive.