The National Immigration Agency (NIA) in Taiwan announced that new immigrant mothers who aredivorced with children born in Taiwan are allowed to continue staying in Taiwan despite that they lose thecustody of their children. The NIA’s decision to amend the law is invariably linked with the protection of thechildren’s rights and interests. The NIA restated that Article 31 of the Immigration Act in 2007 was modifiedto safeguard the rights and interests of foreign spouses after a divorce. The amendment contains enabling themto have the custody of children after a divorce and get divorced with their Taiwanese spouses if they are victimsof domestic violence.

      In the past, new immigrant mothers who are divorced without the custody of their children are usuallycompelled to leave the country. Yet, their right to have visitation of their children will still be granted dependingon the NIA’s evaluation of each case concerning to what extent the mothers are involved in bearing and rearingtheir Taiwan-born children before they are deported finally. With this adjustment in law, the court will decidewhether a mother can obtain the custody of her child/children according to paragraph 4 of Article 31 of theImmigration Act. Once granted, a new immigrant mother in such a circumstance will be authorized to continuedwelling in this country. In the case of a new immigrant mother who has already gone back to her country oforigin after a divorce, the NIA claimed that she can still come back to Taiwan with a visitor visa provided thatshe used to be a legal resident in Taiwan who was the primary caretaker of her child/children or kept in fullcontact with them.