The Immigration Services of Macau’s Public Security Police Force (CPSP) accepted over 80 applications for residency permits submitted by Portuguese nationals between January and August, whilst more than 250 requests filed by citizens of other nationalities were accepted in the first half of this year. The Times learned that various applicants, however, have had to deal with an initial negative answer, with authorities providing them an opportunity to argue their case through a written hearing.
Sophia*, a Portuguese national who wished to remain anonymous, filed her request for a residency permit early this year. Within six months, she received a first response from the Immigration Services, informing her of the Secretary for Security’s intention of denying her request.
“I received a text message requesting my presence at the Immigration Services to read over a document (…) They do not refuse a residency permit before hearing the person who has applied,” she tells us, adding that authorities provided her an opportunity to argue her case, through a written hearing.
The Secretary’s cabinet listed a series of reasons why they were planning on rejecting her application.
“One is related to social and economic matters. They said my salary was ‘so low that I couldn’t provide for myself.’ It was not compatible with Macau’s cost of living they argued.”
However, it remains unclear what type of salary one needs to be offered for being granted a residency permit. The law states that a residency permit will be granted depending on a number of factors, including means of support or subsistence presented by the applicant.
Portuguese-speaking media outlets in Macau have reported that several applicants who were offered salaries below MOP20,000 saw their residency permit requests denied, although some salaries above MOP20,000 have also been rejected.
Authorities, however, have never provided a specific salary amount that they consider compatible with Macau’s cost of living.
Sophia believes that “the salary issue is a fallacy.” “The salary I was offered is much higher than the minimum wage [recently proposed for a specific professional group] and slightly above the median,” she said.
She does not believe it is a matter of nationality either, but rather a practical matter: “Macau is densely populated. Furthermore, I believe they have a greater interest in granting blue cards. For companies to have a certain number of quotas for blue cards, they have to hire more locals.”
Another reason listed in Sophia’s case was related to family links. “They said I did not have relevant family connections in Macau.” In addition, authorities argued that her professional activity fails to contribute to Macau’s social and economic development. Finally, they mentioned she hadn’t presented any “humanitarian reasons,” for requesting a residency permit in the MSAR.
After reading over the document provided by the Secretary’s office, Sophia had to file an appeal within 10 days, providing arguments challenging each reason they listed.
Before she arrived in Macau, Sophia was aware that “decisions on residency permits were taking longer than before.” Nevertheless, the waiting is frustrating. “[The situation] is frustrating, as we keep waiting for a response for quite a long time. One doesn’t feel very welcomed, particularly after receiving such an answer,” she stressed.
Another issue appears if we take into account that work contracts are only officiated after an applicant has been granted a residency permit. They will invariably stay longer than initially thought: “If we have to wait this long to have an answer and we planned to stay, for instance two years, it means we will stay longer than anticipated.”
While the Secretary for Security’s office is assessing her appeal, Sophia’s current permit is extended every two months by the Immigration Services.
Anna* – another applicant who whished to remain anonymous – saw her request receive a first negative answer last year. “I applied for a residency permit in Macau in 2012. I had a first response within 10 months, in which the Secretary for Security’s office stated that they were intending to reject my request.”
In her case, reasons presented for a possible denial of a residency permit were quite specific. “They argued I was not registered within an organization that would allow me to practice my professional activity. But at the same time such registration was provisional until I would be granted my residency permit,” she told us.
“Their first answer was not a definite decision, as I would be allowed to appeal within 10 days (…) they asked me to file a document proving I was indeed registered within that organization, which I did,” she said.
Furthermore, “the fact that I was registered within that organization was actually information that they could have inferred from documents that I had already submitted,” she recalled.
After filing the mentioned document, and arguing her case through a written hearing, Anna’s request for a residency permit was accepted last year.
The Times knows that there are other cases of Portuguese nationals, whose residency permits first receive a negative answer, but are later accepted after they are provided the opportunity to argue their case.
In a reply via email, CPSP told the Times that “in truth, there are no rejected applications,” because when authorities find any flaws or missed information applicants are given an opportunity to argue their case under the Code of Administrative Procedure. However, last year, Radio Macau reported that ten Portuguese nationals saw their requests being refused.
The Times tried to confirm with CPSP whether they were referring to rejections at the level of the Secretary for Security or not.
CPSP told the Times that between January 1 and August 6 this year, a total of 82 requests for residency permits by Portuguese nationals were accepted. 254 applications submitted by citizens of other nationalities, without including Hong Kong and Taiwan, were accepted, too.
* Fictitious names
TSI rejects appeal filed by man seeking temporary residency permit
The Court of Second Instance (TSI) has rejected an appeal filed by a man seeking a temporary residency permit in Macau, through a specific program particularly addressing management staff.
Holding a master’s in Finance and another in International Business, the 29-year-old man claimed he had a sound knowledge of the English language, as well as both Mandarin and Cantonese. Furthermore, he stressed he had worked as a bank manager for four years, claiming there was great demand for his academic and professional profile in Macau.
However, the Secretary for Economy and Finance’s office rejected his application, arguing that Macau has professionals with the same qualifications amongst current jobseekers.
He had filed his application resorting to a specific program included in an administrative law, granting temporary residency permits to investors, management staff, and specialized professionals.
However, “the law itself does not require a particular type of qualified staff as a condition for granting a temporary permit. Therefore, even if there aren’t senior managers in Macau with similar qualifications of those presented by the applicant, it does not mean that such circumstance in itself will lead judges to consider his application of particular interest to the MSAR,” the Court claimed.
TSI reinforced that the applicant did not show proof of the existence of gross errors or violations of constitutional principles throughout his application process, and therefore rejected his appeal.
Recently, TSI also rejected an appeal filled by a Hong Kong citizen over a residency permit renewal that had been denied by Macau authorities. He is married to a MSAR permanent resident and the couple’s children are permanent residents too, but his renewal was nevertheless rejected as authorities argued he was not regularly residing in Macau.
No Comments