Before You Hire an Overseas Student: Work Permit Process and Employer Obligations
Part-time work while enrolled, the first 2 years after graduation, and formal employment each follow different work permit rules. Here is what employers need to know about the process and their obligations.
When a Taiwanese company hires an overseas student, the work permit process depends on the nature of the employment. Many HR teams are unfamiliar with this, so this article breaks the rules down scenario by scenario.
Three work permit scenarios
Scenario 1: part-time work while enrolled
The work permit is applied for by the student themselves to the Ministry of Labor. The employer only needs to confirm that the student presents a valid work permit. No paperwork is required from you.
Scenario 2: within 2 years of graduation (new rules from the 2025 amendment)
Overseas students holding an associate degree or above may apply for an extension of residency for up to 2 years after graduating. During this period the employer does not need to apply for a work permit at all and can hire directly, with no restriction on job category or on full-time versus part-time. See the National Development Council explanatory page.
Scenario 3: formal employment after the 2-year extension expires
The work permit is now applied for by the employer on the employee’s behalf to the Ministry of Labor. The employer is responsible for:
- Filing the work permit application: this must be done by the employer, not by the employee
- Ensuring the salary complies: it must meet the minimum threshold set by the Ministry of Labor
- Providing a lawful employment contract: the written contract must comply with Taiwanese labour law
- Renewing the work permit: renewal must be applied for before the permit expires
- Notifying the Ministry of Labor when employment ends: if the employee leaves, you must notify the Ministry to revoke the permit
Eligibility conditions:
- Education: a bachelor’s degree or above is required (either a Taiwanese degree or an overseas degree that has completed Ministry of Education accreditation)
- Job category: the role must fall within the “professional work” categories defined by the Ministry of Labor
- Salary: it must meet a specified salary threshold (check the Ministry of Labor’s latest announcement)
Application process (applies to Scenario 3)
Step 1: gather the documents
The employer needs to prepare:
- Company registration documents
- Proof of the most recent labour insurance payment (or other proof of lawful operation)
- The employment contract
- The employee’s degree certificate, transcript, and degree accreditation documents where applicable
- The employee’s passport and Taiwan residency documents
- A job description
Step 2: apply online
Applications can currently be filed online through the Ministry of Labor’s Work Permit Application System for Foreign Professionals and Overseas Students. Nothing needs to be posted.
Step 3: the review period
Standard cases take roughly 7 to 14 working days. If the documents are complete and the eligibility criteria are met, approval is usually straightforward. The employee may not start early during the review period. They can only begin work once the permit has been issued.
Step 4: keep the documents after issuance
Once the work permit is issued, the employer should keep a copy on file and the employee should keep one too. The permit states its validity period, so set a renewal reminder in advance.
How does renewal work?
If the employment relationship continues past the permit’s expiry date, the employer needs to apply for renewal in advance. Starting two months before expiry is advisable. The documents required are similar to the initial application, though you may need to add proof of ongoing employment such as past insurance payment records.
Frequently asked questions
Q: Can the employee start during the probation period and sort out the work permit later?
A: It depends on the scenario. If the employee is still within the 2-year post-graduation extension period, no permit is required and they can start immediately. If the employer must file on their behalf, the employee can only formally start once the permit is issued, so begin the process as soon as the offer is accepted.
Q: If the employee’s job content changes during employment, does the permit need to be reapplied for?
A: If the job category changes substantially (for example from marketing to engineering), a new work permit application is required. If it is only an adjustment to the scope of responsibilities, usually not. Consult the Ministry of Labor or an employment services agency if you are unsure.
Q: If an employee keeps working after their work permit expires, is the employer liable?
A: Yes. The employer bears joint liability and may face penalties. Always track the expiry date for every foreign employee.
Summary
The whole work permit process is more intuitive than many HR teams expect. It comes down to three things: the employer files, the documents are complete, and the timeline is tracked. Turn it into an SOP and every subsequent application gets smoother.
For more on the practicalities of recruiting overseas students, see the complete guide for Taiwanese companies hiring overseas students.
