Residency Bill: Gov’t says it will not change the definition of ‘habitual residence’

The government has reaffirmed that it is not trying to change the definition of “habitual residence” in the new immigration law currently under analysis by the Third Standing Committee of the Legislative Assembly (AL), the committee chairman Vong Hin Fai said in a media briefing after yesterday’s meeting.
According to Vong, quoting Secretary for Security Wong Sio Chak, the proposed bill “is not [intended] to amend the definition of habitual residence, but to clarify ambiguities [in the current regime].” He added that no change to the definition of a habitual residence is proposed in the bill.
Vong said that this was the explanation given by the security authorities during yesterday’s meeting at the AL, where the government responded to a list of questions on the bill from committee members.
The concerns regarding the potential change to this definition via the bill’s introduction have been aired on several occasions. This includes after the first reading approval of a government recommendation that those who have previously obtained non-permanent residence and who frequently and regularly come to Macau to study, work or do business – even if they do not stay overnight – should be cconsidered residents in Macau.
A new version of the bill text was delivered to the committee. This included a new provision to allow those whose residency permit renewals have been refused and are currently involved in administrative or judicial proceedings to file an administrative appeal. This will allow the authorities to reassess their cases during a transition period between the two laws that has a deadline set to March 31, 2022.
The chairman said he is confident that the new immigration law will be ready for final approval at the AL plenary before the end of this legislative term next month.
Several lawmakers have recently expressed opposition to these amendments and inclusions. Lawmaker Sulu Sou said on several occasions that such a change will “shake the Macau’s legal foundations” as the decades-long understanding on the conditions required for a Macau residency permit will be completely changed.
The same lawmaker has made several attempts to bring the matter to an AL debate. However, the debate proposal was voted down last Thursday by the majority of legislators.