Taiwan Tightens Eligibility for Mainland Spouses to Run for Office: What Does 'Ten Years After Renouncing Mainland Hukou' Mean?

Taiwan's government has recently raised the political participation threshold for Mainland Chinese spouses—commonly known as "lupei"—requiring them to wait ten years after submitting proof of renouncing their Mainland Chinese household registration before they can register as candidates for public office. This new "ten years after renouncing Mainland hukou" rule is stricter than the existing requirement under the Cross-Strait Act, which stipulates only "ten years of household registration in Taiwan."

Previously, former Taiwan People's Party legislator Lee Chen-hsiu, who has a Mainland spouse background, was embroiled in a controversy over her eligibility. With local elections approaching at year-end, five incumbent village and neighborhood leaders of Mainland spouse background are seeking re-election, raising concerns about how the new rule may affect their candidacy.

The Mainland Affairs Council (MAC) stated the new rule is not targeted at any individual case but is an administrative enforcement measure to "rectify the root cause" and prevent public officials from holding dual identities. The Chinese State Council's Taiwan Affairs Office (TAO) opposed the move, accusing Taiwan of using household registration policies to suppress Mainland spouses.

From 'Registration' to 'Renunciation'

"Lupei" is a common term in Taiwan for spouses from Mainland China. Approximately 360,000 Mainland spouses currently reside in Taiwan, with around 140,000 having obtained Republic of China identification cards.

According to Article 21 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area (Cross-Strait Act), Mainland residents who have "established household registration in Taiwan for ten years or more" are eligible to register as candidates for public office.

However, the Central Election Commission (CEC) recently announced that when Mainland spouses apply to register as candidates, local election commissions will verify with household registration offices whether they have submitted proof of renouncing their Mainland household registration for at least ten years, to confirm eligibility under the "ten years of Taiwan residency" clause.

MAC spokesperson Chiang Wen-chieh explained at a press conference on July 16 that when Mainland residents seek Taiwan residency, they are first issued an ID card and required to return to the Mainland within three months to cancel their original household registration and submit proof of cancellation. However, over the years, many have retained both Taiwanese and Mainland identities due to failing to obtain or submit this proof.

Chiang emphasized that current regulations prohibit dual nationality for candidates. Therefore, the ten-year eligibility period now begins only after the submission of the renunciation proof, not from the date the ID card is issued, aiming to eliminate the gray zone of dual identity.

Nationality Law Debate

CEC Chairperson Yu Ying-long stated the new rule is primarily a reminder that candidates must understand the Nationality Act and the Cross-Strait Act, which prohibit holding public office if one possesses foreign nationality—including Mainland household registration or passports. He stressed this is a straightforward administrative procedure with "no complex political considerations."

Taiwan's Ministry of the Interior has also stated that while Mainland spouses obtain ID cards under the Cross-Strait Act, eligibility for public office is governed by the Nationality Act.

This interpretation has sparked legal debate. Legal scholar Liao Yuan-hao told BBC Chinese that Mainland residents do not fall under the "foreign nationality" category defined in the Nationality Act, suggesting Taiwan's policy may be unconstitutional. Others argue that while sovereignty remains contested, in practice, the two sides have long operated as separate jurisdictions.

The TAO spokesperson Zhang Han, at a press conference on July 22, opposed the new rule, reiterating that both sides belong to "one China" and that there is no "nationality" issue. She criticized the DPP government for intensifying political suppression of Mainland spouses out of its "Taiwan independence" nature.

Mainland Spouses Caught in Controversy

Taiwan has seen repeated controversies involving Mainland spouses in recent years.

"Taiwan's first Mainland spouse legislator," Lee Chen-hsiu, still held Mainland household registration before and after the 2024 elections, only submitting her proof of renunciation in March 2025. This raised questions about her legal eligibility under the "ten years of Taiwan residency" rule. She was eventually expelled from her party and lost her legislative seat.

Additionally, Tan Wan-hua, village chief of Hualien County's Fuli Township, was removed from office due to nationality law issues. Four other Mainland spouse village and neighborhood leaders are currently undergoing removal procedures.

In early April 2025, several Mainland spouses were required by Taiwan authorities to submit their renunciation proof. The National Immigration Agency gave them three months to comply, or face cancellation of their residency status, causing widespread anxiety among Mainland spouse families.

In practice, many report significant difficulties in the renunciation process: they must return to their Mainland police station to cancel registration, obtain notarization, and then have documents verified by the Straits Exchange Foundation (SEF), a cumbersome process requiring multiple cross-strait trips. Many early arrivals face challenges such as severed ties with the Mainland, lost documents, health issues preventing travel, or political safety concerns.

Taiwan currently allows sworn affidavits as an alternative for those with personal safety risks, serious illness, or who haven't visited the Mainland in ten years, but each case requires individual review.

In 2023, Fu Cha, an editor-in-chief at a Taiwan publishing house, was detained upon returning to Shanghai to complete the renunciation process and was later sentenced to prison. She was released in May this year.