財團法人法律扶助基金會
Legal Aid Foundation
Eligibility criteria for legal Aid services
Individuals eligible to apply for legal aid attorney services
- Foreign nationals lawfully residing within the territory of the Republic of China (Taiwan) are eligible to apply for legal aid. Non-legal residents must satisfy one of the following conditions:
- Loss of residency attributable to circumstances beyond their control
- Victims or suspected victims of human trafficking
- Individuals not residing in Taiwan who have previously received legal aid pertaining to the same factual circumstances
- Individuals not residing in Taiwan who, pursuant to the laws of Taiwan, possess enforceable rights arising from the demise of an individual who previously received legal aid concerning the same factual circumstances
- Individuals residing in Taiwan who, pursuant to the laws of Taiwan, possess enforceable rights arising from the occupational fatality of an individual
Adjudication standards for applications for legal aid attorney services
- After the Legal Aid Foundation (LAF) conducts an assessment of the applicant’s financial capacity and case merits, determination of eligibility is contingent upon the review committee’s evaluation
- The cumulative monthly income and total assets of the applicant’s household must conform to the LAF financial incapacity benchmarks.
- Foreign nationals who meet the following qualifications or circumstances may execute a sworn affidavit attesting to their financial incapacity, thereby obviating the requirement for a formal financial capacity assessment :
- Foreign nationals in Taiwan pursuant to Article 46, Paragraph 1, Subparagraphs 8-10 of the Employment Service Act, for the purpose of fishing, domestic service, institutional caregiving, domiciliary caregiving, outreach caregiving, manufacturing, construction, or other designated occupational activities
- Spouses of citizens of Taiwan who are economically disadvantaged and have not yet undergone naturalization or, having been naturalized, have not yet established household registration
- Individuals classified as being members of low-income households, lower-middle-income households, or families in special circumstances, pursuant to the Social Assistance Act and the Act for Assistance to Families in Special Circumstances, are exempt from financial capacity evaluations.
- In instances where an applicant’s financial capacity exceeds LAF benchmarks, the LAF will conduct an evaluation of the applicant’s eligibility for alternative legal aid programs, which may feature more flexible financial capacity criteria.
Your legal issue must have merit and fall within the purview of LAF service provisions.
★ There are generally no exclusions for legal aid based on case type, however, certain civil, criminal, and administrative cases are subject to the president of the branch office discretionary approval.
