Macau might run behind HK in dependent visa for talents acquired

Hong Kong’s dependent visa arrangements for acquiring talented people might be more attractive than Macau’s, local media has reported.

Talented people see dependent visa arrangements as important when deciding where to relocate.

As per Hong Kong’s Immigration Department, applicants under Hong Kong’s Quality Migrant Admission Scheme “may apply to bring in their spouse or the other party to a same-sex civil partnership, same-sex civil union, ‘same-sex marriage’, opposite-sex civil partnership or opposite-sex civil union entered into by him/her in accordance with the local law in force of the place of celebration and with such status being legally and officially recognised by the local authorities of the place of celebration and unmarried dependent children under the age of 18 to Hong Kong under the prevailing dependant policy.”

In contrast, Macau’s Talent Acquisition Legal System has no clear dependent visa provision that includes couples in same-sex marriages or civil unions.

Local media Macao Daily News has reported that the Macau law does not accept same-sex partners under marriage or civil union for dependent visas.

With the government aiming to attract professionals in “Big Health,” as well as high and new technology industries, the local scheme may appear less attractive compared to its Hong Kong counterpart.

Global technology megafirms, such as Apple, Google and HP, are known to be inclusive on gender identity and sexual orientation issues.

A May 2021 story by Forbes cited a May 2020 report published by global consultancy McKinsey & Co as pointing out that more gender diverse companies were 25% more likely to see above-average profitability.

Nonetheless, Macau’s Civil Code and the talent acquisition laws allow a type of unregistered marriage – de-facto marriage – which is looser than the requirements in Hong Kong.

As the Civil Code states that such a marriage is actualized when two people cohabit voluntarily for two years in a state like married spouses, proofs of the relationship are believed to be crucial when the application is made.

The two jurisdictions have similar stipulations in the provisions for dependent children.

The Macau scheme is less flexible than Hong Kong’s.

Macau’s scheme is based on a law passed at the parliament. In contrast, Hong Kong’s scheme is based on an Executive Order formulated by the Chief Executive. Any amendments in Hong Kong will be implemented in a simpler manner due to simpler procedures.

Applications in Macau will only be accepted during designated periods. In Hong Kong, applications are all-year-round and reviewed upon submission.

Macau will also have a black-out period for application submission. Unsuccessful applicants will be barred from re-applying within a year. In Hong Kong, these applicants can re-apply with additional supporting documents.

The schemes in Macau and Hong Kong have similar target audiences.

The local scheme targets three types of professionals, while the scheme in Hong Kong has three sub-schemes or scoring schemes to separate professionals into three categories. The categories are similar to the professionals targeted by Macau.

Over the weekend, the Executive Council (ExCo) concluded its discussion on the Executive Regulations for the implementation details for the talent acquisition law and for the Talent Development Council.

According to Secretary-General Chao Chong Hang of the Council, the first phase of talent acquisition will revolve around the “1+4” industries, namely tourism and leisure, “Big Health,”  modern finance, advanced and new technology, as well as MICE, business, culture and sports.

The frontier industries for talent acquisition will be “Big Health” as well as high and new technology, Chao added, because “there are fewer of these professionals on a global scale and the vacancies that can be offered will be more controllable.”

Despite underlining the scheme’s target as “the whole world,” he expects the first phase shall see more applications from mainland China, “because it’s geographically closer, with easier access to our information.”

Chao sees Macau being attractive because of its low tax rate, free trade, social security and education. He said many enquiries had been received even before the official opening of application.