One nationalism and two systems: the parallel regulations of Taiwan's marital immigration policies

Abstract

By investigating the regulation differentials between Chinese spouses and foreign spouses in Taiwan's marital immigration program, this article shows how a restrictive border policy reflects the characteristics of Taiwan's contemporary nationalism. This article notes that the similarities in language, culture and ethnicity are not key elements in the construction of Taiwan's contemporary nationalism. Instead, the uncertain condition of sovereign identity constitutes the nationalist agenda in Taiwan. Taiwan's nationalism is accordingly contingent upon the discursive externality of a Chinese spouse. The discrimination against Chinese spouses is primarily politically motivated.

Keywords:

• marriage migration
• marital immigration policy
• nationalism

Notes

 1. Mainland spouses include those from Mainland China, Hong Kong and Macau who are married to a Taiwanese.

 2. Foreign spouses include Southeast Asians and other foreigners (excluding spouses from Mainland China, Hong Kong and Macau) who are married to a Taiwanese.

 3. King, “Taiwanese Nationalism and Cross-Strait Marriage.”

 4. Wang and Chang, “The Commodification of International Marriage.”

 5. Mainland spouses are also governed by the Immigration Act, when it relates to matchmaking, human trafficking and inspection.

 6. Article 17 of the Act Governing Relations between People of the Taiwan Area and Mainland Area: ‘The Ministry of Interior may permit specifically on a case-by-case basis any of the people of the Mainland Area to have a long-term residency in the Taiwan Area out of political, economic, social, educational, science-tech or cultural consideration and may restrict the categories and quota for residency applications; the referred categories and quota shall be drafted by the Ministry of Interior and approved by the Executive Yuan for publication.'

 7. Regulations Governing the Implementation of Marriage Interview by the National Immigration Agency, Ministry of the Interior.

 8. Article 17, 18 of The Regulations Governing the Approval of Entry of People of the Mainland Area into the Taiwan Area.

 9. The shortest waiting time for citizenship via a ‘normal’ marital immigration is three years, but the minimum waiting time for a Mainland spouse is six years.

10. Regulation Governing the Approval of Entry of People of the Mainland Area into the Taiwan Area.

11. Articles 5 and 6 of the Regulation Governing the Approval of Entry of People of the Mainland Area into the Taiwan Area.

12. In addition to the general requirements for the approval of entry of an Alien, passing the interview and providing fingerprints are extra criteria for the Mainland spouses (Articles 13, 25 and 32 of the Regulation Governing the Approval of Entry of People of the Mainland Area into the Taiwan Area).

13. Articles 10, 15 and 18 of the Act Governing Relations between People of the Taiwan Area and Mainland Area.

14. Article 21 of the Act Governing Relations between People of the Taiwan Area and Mainland Area.

15. This is according to Marshall's analysis of citizenship (in Marshall, Citizenship and Social Class); namely, the possession of civil, political and social rights.

16. Brubaker, “Migration, Membership, and Modern Nation-State.”

17. Shih and Yao, “Methodological Approaches to Identity.”

18. Cited in Chao, “An Emerging Social Movement.”

19. Taiwan's government has exerted itself for loosing some restrictions such as the simplification of the procedure of residence application and the permission for Mainland spouses' working rights.

20. Brubaker, “Migration, Membership, and Modern Nation-State,” 77.