Can a Son of Conscription Age Depart When Immigrating? A Comprehensive Look at Departure Restrictions for Male Nationals of Conscription Age, Regulations for Studying Abroad and Overseas Compatriots
Direct answer: Departure is possible, but subject to regulations. Male nationals of conscription age who have established household registration in Taiwan, are from January 1 of the year following their 18th birthday to December 31 of the year they turn 36, and have not yet served, must obtain approval for departure. For general reasons such as tourism, each trip may not exceed 4 months, and long-term residence abroad cannot be achieved through general departure. If accompanying family members for immigration or long-term residence abroad, there are specific regulations and stay duration limits for 'overseas compatriot male nationals of conscription age' and 'male nationals of conscription age studying abroad.' The following is organized based on the National Conscription Agency and the Regulations on the Handling of Departures of Male Nationals of Conscription Age; individual cases are subject to the latest regulations of the competent authorities.
Who Is Subject to Restrictions and Until What Age: Definition of Male Nationals of Conscription Age and Decommission
Pursuant to Article 2 of the Regulations on the Handling of Departures of Male Nationals of Conscription Age, the departure restrictions apply to male nationals of conscription age who have previously established household registration in Taiwan and have not yet fulfilled their military service obligations, from January 1 of the year following their 18th birthday until December 31 of the year they turn 36. That is, once a son enters this age range and has not completed military service, his departure requires an application and approval process until the end of the year he turns 36, when he is decommissioned. Departure rules for those approaching conscription age (younger) are more lenient, but it is also advisable to confirm their status.
General Departure (Tourism, Visiting Relatives): Maximum 4 Months per Trip
For male nationals of conscription age applying for departure for 'general reasons' such as tourism or visiting relatives, pursuant to Article 4 of the Regulations, those approved for departure for reasons other than the first six categories may not stay abroad for more than 4 months per trip. This means that male nationals of conscription age cannot rely on general departure to reside abroad long-term—they must return to Taiwan when the period expires. Overstaying may result in penalties and affect future departure approvals. Currently, short-term departure applications for male nationals of conscription age can generally be processed through the 'Online Application System for Short-Term Departure of Male Nationals of Conscription Age.'
Source.:National Conscription Agency, Ministry of the Interior
Accompanying Family for Immigration, Long-Term Residence Abroad: Overseas Compatriot Male Nationals of Conscription Age and Male Nationals of Conscription Age Studying Abroad
If the child departed Taiwan before conscription age or has long resided abroad with parents as an overseas compatriot, the 'overseas compatriot male national of conscription age' regulations may apply: documents must be prepared on the designated review platform, then a departure permit must be applied for from the National Immigration Agency, and the stay duration in Taiwan is limited (if staying in Taiwan for too long, he may be deemed obligated to fulfill military service). Alternatively, there is the 'male national of conscription age studying abroad' route: pursuant to Article 5, those who departed before conscription age or were approved to study abroad may not stay in Taiwan for more than 3 months per visit upon return. Which category applies to the child and what documents are required vary by individual case and should be confirmed with the National Immigration Agency and the National Conscription Agency.
Confirm Before Planning Immigration: Military Service Is a Factor Affecting the Family Timeline
Military service obligations do not automatically disappear because parents emigrate or the child acquires foreign nationality (see also our article 'Does Investment Citizenship Require Renouncing Taiwan Nationality?'). When planning a family relocation, if there is a son of conscription age or approaching conscription age, it is advisable to: ① confirm the child's current military service status and whether he has been registered; ② understand the conditions and stay restrictions applicable to overseas compatriot male nationals of conscription age or those studying abroad; ③ confirm the specific case with the local household registration office or the National Conscription Agency. Coordinating the military service timeline with the immigration and study timeline is essential to avoid unexpected obstacles. The regulations are detailed and subject to change; always refer to the latest announcements from the National Conscription Agency and the local household registration office.
Frequently Asked Questions
Can our son, who has not yet completed military service, emigrate abroad with us?
Departure is possible, but male nationals of conscription age (who have established household registration in Taiwan, are from January 1 of the year following their 18th birthday to December 31 of the year they turn 36, and have not yet served) must obtain approval for departure. For general reasons such as tourism, each trip may not exceed 4 months, and long-term residence abroad cannot be achieved through general departure. For long-term residence abroad, specific regulations for overseas compatriot male nationals of conscription age or those studying abroad should be consulted. The regulations of the National Conscription Agency prevail.
What is the maximum duration a male national of conscription age can stay abroad per trip?
Pursuant to the Regulations on the Handling of Departures of Male Nationals of Conscription Age, those approved for departure for reasons other than the first six categories (e.g., tourism) may not stay abroad for more than 4 months per trip. Male nationals of conscription age studying abroad, upon returning to Taiwan, may not stay in Taiwan for more than 3 months per visit. Overstaying may result in penalties and affect future departure approvals.
At what age is one no longer subject to departure restrictions for male nationals of conscription age?
The departure restrictions apply to male nationals of conscription age from January 1 of the year following their 18th birthday until December 31 of the year they turn 36. After decommission at the end of the year they turn 36, they are no longer subject to departure regulations for male nationals of conscription age. The actual determination is subject to the National Conscription Agency.
If a child has lived abroad since childhood, does he still need to return to Taiwan for military service?
It depends on whether the 'overseas compatriot male national of conscription age' status applies and the residence situation in Taiwan. Those who have long resided abroad as overseas compatriots have specific departure and stay regulations, but if they stay in Taiwan for too long (meeting certain conditions), they may be deemed obligated to fulfill military service. The specific applicability and documents are subject to the regulations of the National Immigration Agency and the National Conscription Agency; individual case confirmation is recommended.
If my son holds a foreign passport, is he exempt from military service?
Exemption from military service cannot be assumed. Male nationals of conscription age who have established household registration in Taiwan are subject to military service obligations under the Military Service Act, and such obligations are not automatically eliminated by acquiring foreign nationality (see also our article 'Does Investment Citizenship Require Renouncing Taiwan Nationality?'). Before planning, confirmation with the competent military service authority is advised.
How to Apply for Short-Term Departure for Male Nationals of Conscription Age?
Currently, applications can generally be processed through the 'Online Application System for Short-Term Departure of Male Nationals of Conscription Age,' which applies to male nationals of conscription age who hold Republic of China nationality, have established household registration in Taiwan, and have reached the age of 19. For long-term or special reasons (overseas compatriots, studying abroad), there are separate application channels. The actual regulations of the National Conscription Agency and the National Immigration Agency prevail.
Official data sources
- Laws & Regulations Database of the Republic of China — Regulations on the Handling of Departures of Male Nationals of Conscription Age
- National Conscription Agency, Ministry of the Interior
- National Immigration Agency, Ministry of the Interior — Departure Application for Overseas Compatriot Male Nationals of Conscription Age / Male Nationals of Conscription Age Studying Abroad
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