TSI upholds sentences in fake marriage case to obtain residency

The Court of Second Instance (TSI) has upheld the conviction of two individuals involved in a fake marriage scheme aimed at obtaining Macau residency.

In a statement released yesterday, the court states that the case involves B, a mainland Chinese woman, and A, a Macau resident and former classmate.

In 2018, the pair registered a marriage in Jiangmen with no intention of living together, using it solely to support B’s application for residency in Macau.

In 2019, A submitted B’s details to the Identification Services Bureau, claiming her as his spouse.

Later in 2022, B submitted residency applications for herself and her daughter, claiming family reunion as the basis. The pair also filed a statement affirming the ongoing marital relationship.

However, an investigation by the Public Security Police found no evidence of cohabitation or a genuine marital relationship.

Both A and B were charged by the Public Prosecutions Office and convicted by the Court of First Instance of the crime of “simulation and invocation of legal acts to obtain authorizations” under Article 78 of Law No. 16/2021. They were each sentenced to two years and six months in prison, with the sentence suspended for three years.

Unhappy with the decision, the pair appealed, arguing errors in evidence assessment and legal interpretation.

The TSI, however, found their arguments unconvincing, noting a lack of genuine emotional connection and shared life between them. It ruled that the evidence supported the original court’s findings and that no legal or procedural errors occurred.