Q: When could employers apply for changing the status of migrant workers as mid-level technical workers for employment? What are the required documents?

Answer:

(I) Migrant workers employed in Taiwan may also be employed to perform intermediate skilled work if they meet any of the following conditions: 

1. Employed in their current job for more than 6 consecutive years or more, or have worked for the same employer for six years or more.
2. Employed for more than 6 years and departed, then returned to Taiwan to continue employment, and the years of seniority in service meet the requirement set forth in Article 52 of the Employment Service Act. 
3. Have been employed and the accumulative years of service meeting the requirement set forth in Article 52 of the Employment Service Act, and has departed from Taiwan. 
(II) The time limit for employers in applying for transferring the aforementioned migrant workers as mid-level technical workers is specified below:

1. The deadline for employers to apply for the employment of migrant workers specified in 1 of the preceding paragraphs:
   A. The original employer should apply for transferring the migrant workers for employment as mid-level technical workers within 2 months prior to the expiration date of the original employment permit. In sum, the original employers may apply for transferring the migrant workers for employment as mid-level technical workers within the validity of the employment permit. 
   B. New employers should apply for transferring the migrant workers for employment as mid-level technical workers from 2 to 4 months prior to the expiration date of the employment permit for the protection of the right of the previous employers in employment of people. 
2. In applying for the employment of migrant workers stated in 2 of the preceding paragraphs, the original employer or the new employer may apply from 2 to 4 months prior to the expiration date of the employment permit, and employment will be started on the day after the expiration of the employment permit. 
3. Only the former employer may apply for the employment of migrant workers stated in 3 of the preceding paragraphs, and application should be made before the date of expected employment. 
(III) Documents required for applying migrant workers to transfer to the employment as mid-level technical workers by employers: 

1. Application form 
2. Photocopy of the national identity card of the employer or person in charge of the company; company registration, limited partnership registration or business registration, certificate of factory registration and license for franchise businesses. However, this does not apply when a certificate of factory registration or license for franchise businesses is not required based on other laws or regulations.
3. Document for proof of vacancies for employment. Not required for the employment of foreigners in engagement in mid-level home nursing care work. 
4. Employers shall proceed to recruitment from the local population to fill the vacancies for employment pursuant to Article 42 of the Regulations on the Permission and Administration of the Employment of Foreign Workers, and the roll of employees from local recruitment. Not required for the employment of foreigners in engagement in mid-level home nursing care work. 
5. Certification documents in conformity to applicable legal rules governing labor force by the municipal, county (city) government. 
6. The roll, photocopy of passport or photocopy of resident visa of the foreigners being employed. 
7. Original copy of the receipt for payment of review fee. 
8. Professional license and certificate, training, or documents of qualification of practical work for recognition as exhibited in the Table attached to Article 62 of the “Qualification and Review Standard for Foreigners in engagement in the work under subparagraphs 8-11 of paragraph 1 under Article 46 of the Employment Service Act” 
9. Any other documents required by the central competent authority.