台灣專業移民政策探討

Abstract

中文摘要 本論文從移民與專業移民的定義與理論開始探究，闡明本文所論述的專業移民與國外文獻的高技術移民（high skilled immigrant）或專業移民 (professional immigrant) 是一致的─就是大學畢業或有相當技術經驗者。以此區分沒有特殊專業的勞力與依親移民。而這裡的移民包括移居他國的短期工作者與永久居留的專業移民。 本文採用移民系統理論分析移民原因，以移民的四個功能要項分析移民政策的考量點。再從經濟層面與社會文化層面分析，專業移民對移入國的正面影響。接著從短期居留、留學生、永久居留三個階段，分析數個歐美與亞洲國家的專業移民政策與現況，也分析國際架構對各國移民政策的影響。接著分析台灣的專業移民政策與現況，並且分別訪問不同國籍的外籍專業人士。也訪問企業與政府官員、學者。 從本研究結果看來，台灣的專業移民政策中對專業的定義比較嚴格，與國外的定義有些差異。對於人數最多的專門性技術性人員的薪資低限是以所有受雇者平均薪資為最低標準。這在所有國家是沒有的例子。這也是想要在台工作的資淺外國人（主要是來台留學的僑生與外籍生）與想聘用外籍人士企業的抱怨。站在絕不影響國內資淺者就業機會的立場，這樣的政策也不能說不對。但是本論文從政府一再申明要積極引進外籍優秀人才，從政府給予留台外籍生與僑生優厚獎助學金，從教師（包含補習班老師）的相對較低容許條件，從永久居留權申請條件的放寬等各點，來審視對於專門性技術性人員的薪資低限有其矛盾性。在此矛盾性存在下，政策所能造成引進效果有限，這幾年甚至有呈現淨流出的狀況。 本研究建議在未形成放寬薪資低限的共識之前，先考慮容許一些配額以低於該薪資低限而高於或等於同等工作內容平均薪資的情形下准予雇用。也開放取得國內大學碩士學位者，留在台灣工作的機會。這兩項名額都可以在政府控制下予以調節，一方面可以達到引進外籍優秀人才的目的，一方面去除影響國內就業機會與薪資水準的疑慮。 本研究另外對外籍人士在行政程序、子女教育等等各項對他們不便之處，提出造成此抱怨的因素與可能的解決辦法。 期望透過此研究，可以得到一些讓移民政策有其一貫性、有效性，又不至於造成影響國內就業與資源分配不公疑慮的改革途徑。

Abstract This thesis started with clarification on the definition of “professional immigrant” in this study. In the international literature, to distinguish from low-skilled immigrant (or labor immigrant) and family immigrant, the employment immigrant with tertiary education or special skill is usually called high-skilled immigrant or professional immigrant. In Chinese high-skilled immigrant is easily regarded as high-technology immigrant, in this regard, we use “professional immigrant” as defined by most international literature. The immigration system theory is used to analyze the causes of immigration. Four functional imperatives are used for consideration of immigration policy making. Positive effects on immigration country offered by professional immigrant are concluded through economical and social-cultural phase analysis. It is further verified by countries across different continents with their welcoming policy toward professional immigrant. Taiwan’s policy on professional immigrant is analyzed ; followed by a study on the current status of professional immigrant in Taiwan. Several professional immigrants of different nationalities were interviewed. Government officials, scholars, representatives of private companies which are hiring foreign professionals were also interviewed. It is revealed that the definition of “professionals” in Taiwan’s immigration policy is more stringent than that of the international literature or other countries. In the “professional and technical category of professionals”, the requirement for working permit is two years’ working experience in related field after college graduation and salary over average salary of all professionals in the country. This stringent requirement raises complaints from private sectors as well as young candidates especially those foreign students graduated from universities in Taiwan. This policy can not be criticized as wrong policy if Taiwan government does not want any negative effect on the job opportunities of Taiwanese newly graduates. What this study trying to do is to reveal the conflicting nature of the policy - so called “actively promoting professional immigrant to Taiwan”. Very attractive scholarship is provided to foreign students who want to study in Taiwan. One of the main purposes of this scholarship is to introduce young foreign talents to work in Taiwan, while the salary requirement almost prevents them from working in Taiwan. This is only one of the many examples of conflicting policies. The result is a shrinking population of professional immigrants in Taiwan. This study suggested that before a consensus on decreasing minimum salary requirement can be achieved, two measures can be taken to retain some foreign talents while avoiding any adverse effect on the job opportunities of domestic college graduates. One is a waiver can be provided to those foreigners with master or higher degree of Taiwanese universities for their work permit application. Second is a quota can be provided to private and public institutes. Within the quota, these institutes can offer jobs to those foreign young talents who do not have Taiwanese master degree nor acquire salary exceeding minimum salary requirement. These two measures can provide some room for young professionals to work in Taiwan while the government can still control the overall supply. This study also proposed some measures to resolve or ease the various complaints and concerns of foreign professionals in Taiwan. It is expected through this study, the reason of ineffective policy of introducing foreign professionals can be explained. Remedies that are effective and cohesive can be proposed. These remedies should prevent from adverse effect on job opportunities of local Taiwanese and prevent from any concern of legitimacy.