Cases Analysis

【Naturalization as a Chinese National】

Candy, a Chinese born in Macao, is a Portuguese passport holder. If only “Candy Lio” is stated in her birth certificate, graduation certificates and all of her identification documents, is it necessary for her to add a Chinese name in order to naturalize as a Chinese national?

Ans:Candy is a Chinese born in Macao. According to “Nationality Law of the People’s Republic of China” and “Explanations of some questions by the Standing Committee of the National People’s Congress concerning the implementation of the Nationality Law of the People’s Republic of China in the Macao Special Administrative Region”, she possesses Chinese nationality and her Portuguese passport is considered as a travel document. Therefore, she does not need to naturalize as a Chinese national. In regard to the issue that she has not any Chinese name, there is no influence on her nationality.

Miss Ma was born in Mainland China and has settled down in Macao for more than 30 years. Since she was not born in Macao, she has been using a C.I. as her only travel document. In this case, is she regarded as a stateless person?

Ans:C.I. is commonly known as a “Passport issued to foreigners by Portugal”. In fact, the holder’s nationality is stated in the C.I. It is not a passport for a stateless person. As Miss Ma was born in Mainland China and her parents are both Chinese, according to “Nationality Law of the People’s Republic of China”, she is considered as a Chinese national but not a stateless person.

Mr. Wagner, a Dutch with a Chinese surname “Wai”, is a Macao resident. He has been living and working in Macao for more than 7 years. He claimed to have at least one-eighth Chinese descent since his maternal grandfather is a Dutch Chinese.

What application formalities are needed if Mr. Wai wants to naturalize as a Chinese national?

Ans:In pursuant to relevant stipulations, he can apply for the naturalization as a Chinese National. Only Macao permanent resident is eligible to apply for the naturalization. According to the stipulations of Article 8 of the Law No.8/1999, Mr. Wai must first declare Macao as a place of his permanent residence. He could only proceed the application formalities after his declaration is approved.

In accordance with “The specific regulations for handling the nationality application of citizens in the Macao Special Administrative Region”, if foreign Macao SAR permanent residents want to naturalize as a Chinese national, they must provide reasons, for example they have to submit documents that prove their near relatives are Chinese citizens. Near relatives means spouse, parents, children or siblings.

In Mr. Wai’s case, only his maternal grandfather is Chinese, but his grandfather does not belong to the abovementioned near relatives. Nevertheless, Mr. Wai can still apply for the naturalization of Chinese nationality at DSI by submitting documents on which other legitimate reasons of being a Chinese national are stated. “Legitimate reasons” include having lived in Macao for a long time, e.g. having grown up, studied, worked in Macao, or having a majority of friends in Macao or close connection with Macao or being fond of Chinese culture and so on.

【Renunciation of Chinese Nationality】

The Lee family of four was former Macao resident. They immigrated to Japan years ago and have applied for the naturalization as a Japanese national since then. However, according to the Japanese Laws, the Lee family must renounce the Chinese nationality before they can naturalize as a Japanese national. In this case, what can Mr. Lee do?

Ans:According to the stipulations of Macao Law no.7/1999, the Lee family can apply for renunciation of Chinese Nationality. Please refer to this website for details of application procedures.

【Restoration of Chinese Nationality】

Mr. Tong has emigrated from Fujian to Burma with his father since his early childhood. He gave up Chinese nationality and acquired Burmese nationality. Years ago, he moved back to Macao from Burma and now he wishes to restore the Chinese nationality, is it necessary for him to naturalize as a Chinese national like what the other foreign nationals do?

Ans:Mr. Tong was a Chinese national and he has renounced the Chinese nationality when he naturalized as a Burmese national. He can proceed the formalities for restoration of Chinese nationality in pursuant to the stipulations of Article 6 “Restoration of Chinese Nationality” of Law no.7/1999. In addition, applicant needs to provide proof that he/she possessed Chinese nationality before and is possessing Burmese Nationality.

【Choosing Nationality】

João and Mario are brothers and have both Chinese and Portuguese descents. João wants to retain his Portuguese nationality while his younger brother, Mario, wants to acquire Chinese nationality. Do they need to proceed certain formalities to give up the Chinese nationality or naturalize as a Chinese national?

Ans:In pursuant to the stipulations of “Explanations of some questions by the Standing Committee of the National People’s Congress concerning the implementation of the Nationality Law of the People’s Republic of China in the Macao Special Administrative Region”, those who have both Chinese and Portuguese descents like João and Mario can choose either Chinese or Portuguese nationality at their option.

In Mario’s case, unlike other foreigners, he can choose Chinese nationality without the need to proceed formalities for Naturalization as a Chinese National. After choosing Chinese nationality, the Portuguese passport that he possesses can be used as a travel document. However, he will not be entitled to Portuguese consular protection in China.

For João, he can choose Portuguese nationality. After choosing his nationality, he will no longer possess Chinese nationality.

【Change of Nationality】

The Lam family was Macao residents with Chinese nationality. Years ago, they immigrated to Canada and acquired a Canadian passport. Is it possible for them to return to Macao and settle down with an identity of Canadian national?

Ans:According to “Nationality Law of the People’s Republic of China” and “Explanations of some questions by the Standing Committee of the National People’s Congress concerning the implementation of the Nationality Law of the People’s Republic of China in the Macao Special Administrative Region”, the Lam family was originally Macao residents with Chinese nationality. They still possess the identity of Chinese national if they return and settle down in Macao. However, if they intend to live in Macao with the identity of Canadian national, they have to apply for changing their nationality at the Identification Services Bureau with valid proof and documents. Once they have changed their nationality from Chinese to Canadian, Mr. Lam will no longer possess Chinese nationality.

Cases Analysis

Mr. and Mrs. Kuok grew up in Macao and possess a Macao Resident Identity Card. They immigrated to Canada and gave birth to two children there years ago. After the handover, the whole Kuok family intends to return to Macao. However, their children do not have any Macao identification documents. Do they need to apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR?

Ans:Mr. and Mrs. Kuok are Macao permanent residents, they are certainly able to return to Macao for residence. However, due to the fact that their children were born in Canada and their parents had already settled down there and obtained the Canadian Nationality at the time of their birth, in pursuant to the stipulations of Article 5 of the “Nationality Laws of the People’s Republic of China”, their children do not possess Chinese nationality and do not belong to “children born abroad whose parent(s) is/are Chinese permanent resident and who possess Chinese nationality”. Therefore, they are not eligible for applying for the Certificate of Entitlement to the Right of Abode in the Macao SAR.

If their children intend to live in Macao, they must apply at the Residence and Stay Affairs Department of the Public Security Police. Upon approval, they will become a permanent Macao resident after they have resided in Macao for seven years continuously and declared Macao as their permanent living place.

Keong is Macao permanent resident. He has got married and gave birth to a son in ZhuHai. If his wife intends to live in Macao, does she need to apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR?

Ans:Such situation is irrelevant to the application for the Certificate of Entitlement to the Right of Abode in the Macao SAR. Keong’s wife has to apply for residing in Macao at the Mainland public security department in their living place, whereas his son, as the child of a permanent resident, can apply to reside in Macao through special quotas.

Mr. Choi is a Chinese citizen. He has just become a Macao SAR permanent resident this year after residing in Macao for seven years continuously. His wife and son are currently living in the Mainland. Can his son apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR by declaring that he possesses the right of abode in Macao?

Ans:No, he cannot. Since Mr. Choi became a Macao SAR permanent resident after the birth of his son, he does not belong to “children born abroad with Chinese nationality after their parent(s) has/have become a Macao permanent resident with Chinese nationality". In addition, Mr. Choi’s son is residing in the Mainland and thus, he is not eligible to lodge the application. If he intends to reside in Macao, he should apply at the relevant department in the Mainland.

Marta, a Macao-born Portuguese, left Macao and settled down in Portugal with her Portuguese husband. She gave birth to her daughter, Fátima, there. However, she and her husband divorced later. Marta intends to return to Macao with her daughter and wants to stay in Macao together with her parents. In this situation, does Marta’s daughter, Fátima need to apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR?

Ans:Fátima was born in Portugal and possesses Portuguese nationality. Her parents were both residing in Portugal at time of her birth. Pursuant to the stipulations of Article 5 of the “Nationality Law of the People’s Republic of China”, Fátima does not possess Chinese nationality. Although she possesses both Chinese and Portuguese descent, she does not have the problem of choosing her nationality and she does not belong to “children born abroad whose parent(s) is/are a Macao permanent resident with both Chinese and Portuguese descent and who take Macao as a place of permanent residence with Chinese nationality or unconfirmed nationality”. Therefore, she cannot apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR.

Mr. Wong had lived in Macao before and possessed a former type of Macao Identity Card, and he immigrated to France years ago. He wants to declare himself as a Macao SAR permanent resident and applies for the Certificate of Entitlement to the Right of Abode in the Macao SAR. However, due to his job, he cannot spare time to return to Macao for making the application. What can he do?

Ans:Mr. Wong can lodge the application by mail. He can browse at the official website of the Identification Services Bureau for further information of the application and other necessary documents. Applications can be mailed to: Macao Post Office Box No. 1089. However, the applicant must lodge the application of Macao SAR Resident Identity Card in person after collecting the Certificate of Entitlement to the Right of Abode in the Macao SAR.

Mr. and Mrs. Lei are Macao permanent residents. Their daughter was born when they were travelling in the United States. Their daughter now possesses a Passport of the United States. How can she come back and reside in the Macao SAR?

Ans: Their daughter can apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR. Pursuant to the stipulations of Article 5 of the “Nationality Law of the People’s Republic of China”, although their daughter was born in the United States (hereinafter called U.S.) and entitled to American nationality due to her birth in the U.S., she still possesses Chinese nationality as her parents, Mr. and Mrs. Lei, were not residing in U.S. at the time of her birth. Therefore, Mr. and Mrs. Lei’s daughter is eligible to apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR.

Mr. and Mrs. Cheong, who are Macao SAR permanent residents with Chinese nationality, have settled down in Japan not long ago. Their son was born in Japan but he did not acquire Japanese nationality. Is their son eligible to apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR?

Ans: Although Mr. and Mrs. Cheong’s son was born in Japan when they were residing in the Japan, he did not acquire Japanese nationality due to his birth in Japan. Therefore, pursuant to the stipulations of Article 5 of the “Nationality Law of the People’s Republic of China”, Mr. and Mrs. Cheong’s son still possesses Chinese nationality and he can apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR.

Uncle Chan is an old Macao citizen who has obtained the Macao identity card since 1970s. Later on, he did not renew his “Macao Resident Card” on time due to the reason of his old age. Uncle Chan heard that he is now required to apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR before he applies for the Macao SAR Permanent Resident Identity Card. Is it necessary for Uncle Chan to apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR?

Ans: Yes, it is necessary. He needs to apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR. Upon approval of this Certificate, he can directly lodge the application for the Macao SAR Permanent Resident Identity Card at the Identification Services Bureau.

Mr. Lam came to settle down in Macao from Mainland China with a One-Way Permit in 1985, and since 1990, he has gone to South Africa for work and settled down there. Can he apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR so that he can reside in Macao?

Ans: Mr. Lam has not resided in Macao for a 7 consecutive years, so he is not eligible to apply for the Certificate of Entitlement to the Right of Abode in the Macao SAR. His case is not applicable to the regime of the Certificate of Entitlement to the Right of Abode in the Macao SAR.

Cases Analysis

João was born in Macao with Chinese and Portuguese descent. He takes Macao as his permanent living place and possesses a Portuguese Passport. He would like to know if there is any problem for him to apply for the Macao SAR Passport.

Ans:As João possesses both Chinese and Portuguese descents and was born in the territory of China (Macao), in pursuant to relevant regulations, he can only apply for the Macao SAR Passport after becoming a Chinese citizen by choosing Chinese as his nationality. After applying for the Macao SAR Passport, he can still possess and use the Portuguese Passport that he has been holding as a travel document.

Amy, Mr. Chan's daughter is studying abroad. Can Mr. Chan apply the Macao SAR Passport on behalf of his daughter?

Ans:In principle, applicant must lodge the application at the Identification Services Bureau (DSI) in person. If the applicant is underage, the person who exercises the parental right or the right of guardianship according to laws (such as parents) can apply on behalf of the applicant. Please refer to DSI’s website for further information.  In this case, Mr. Chan’s daughter can log in DSI’s “Postal Application Service” system and follow relevant instructions to lodge the application.

Lucy, who possesses a Macao SAR Resident Identity Card, is a Macao SAR Permanent Resident with Chinese Citizenship. Although she is eligible to apply for the Macao SAR Passport, she is worried about the possibility of returning the Portuguese Passport that she is holding.

Ans:Lucy should be not worried about this. Actually, Laws do not prohibit Macao SAR Residents from holding both the Macao SAR travel document and the travel document issued by other countries or regions simultaneously. Even though Lucy has applied for the Macao SAR Passport, she can still keep her Portuguese Passport as a travel document to travel in other countries or regions. However, due to the reason that she is a Chinese citizen, she is not entitled to consular protection of Portugal in the Macao SAR and other regions of the People’s Republic of China though she possesses a Portuguese Passport.

Cases Analysis

Miss Cheong is an old Macao citizen born in Mainland China and she used to travel with her C.I. She wants to know if she, a C.I. holder, needs to replace the current C.I. with a Macao SAR Travel Permit for traveling to other countries nowadays?

Ans:The eligibility for applying for a C.I. (i.e. a passport issued to foreigners by Portugal) in the past is different from that for applying for a Macao SAR Travel Permit nowadays. Although Miss Cheong only traveled with her C.I. in the past, she can certainly apply for a Macao SAR Passport for traveling purpose provided that she can fulfill the requirements for applying for a Macao SAR Passport (i.e. a Macao SAR permanent resident with Chinese nationality possesses a permanent resident identity card or Macao Resident card with equivalent effect.).

Sio Fong has immigrated to Macao from Zhuhai for less than half a year and she has not get become a Macao SAR permanent resident. Can she apply for a Macao SAR Travel Permit if she wants to travel in other countries? Can she go to Hong Kong with the Macao SAR Travel Permit?

Ans:Sio Fong is eligible to apply for a Macao SAR Travel Permit but she cannot go to Hong Kong with this travel permit. Sio Fong should apply for another document for going to Hong Kong, that is the “Visit Permit for Residents of Macao SAR to Hong Kong SAR”.

Chio came to settle down in Macao from ZhuHai with a One-Way Permit 5 years ago. Now He plans to travel in Southeast Asia but he neither possesses a Chinese Passport nor a Macao travel document. He is told that he is not regarded as a permanent resident of Macao as he has not resided in Macao for a continuous period of 7 years and non-permanent residents cannot apply for a Macao SAR Passport. He wants to know if he can go to other places with a Macao SAR Passport only after he has become a Macao SAR permanent resident.

Ans:Chio is a Macao SAR non-permanent resident for the time being and is not eligible to apply for a Macao SAR Passport. However, he is eligible to apply for a Macao SAR Travel Permit for traveling as he possesses a Macao resident identity card and is not entitled to apply for other travel documents.

After Chio has resided in Macao for a continuous period of 7 years, he will become a Macao SAR permanent resident and can apply for a Macao SAR Permanent Resident Identity Card. At that time, he is eligible to apply for a Macao SAR Passport after obtaining his Macao SAR Permanent Resident Identity Card.

Uncle Tak, possesses a Macao SAR Travel Permit and wants to make an European tour organized by a Hong Kong travel agency. Can he enter and exit the Hong Kong border with this travel permit?

Ans:Yes, he can. Macao SAR Travel Permit holders like Uncle Tak can enter Hong Kong for transit purpose and stay for a maximum period of 7 days. However, he is not permitted to enter the Hong Kong SAR as a visitor for traveling purpose with this travel permit. Uncle Tak can enter Hong Kong through every Immigration Control Point of Hong Kong, and also exit Hong Kong through the Hong Kong International Airport or vice versa.

Cases Analysis

Sio Cheong is a returned overseas Chinese from Vietnam and has settled down in Macao for a year. He has obtained a Macao SAR Resident Identity Card and a Macao SAR Travel Permit. Can he go to Hong Kong for family visit with his Macao SAR Travel Permit?

Ans:No, he cannot. Sio Cheong can apply for a “Visit Permit for Residents of Macao SAR to Hong Kong SAR” to enter Hong Kong for traveling. The Macao SAR Travel Permit in his hand cannot be used for the purpose of traveling in Hong Kong.

Fai possesses a Macao SAR Passport. Can he travel  to Hong Kong with this passport?

Ans: Fai cannot use his Macao SAR Passport when traveling to Hong Kong. In order to enter Hong Kong, he must hold a permanent Macao SAR Resident Identity Card ( BIR ) or Visit Permit for Residents of Macao SAR to Hong Kong SAR.

Mrs. Cheong’s daughter is studying in the United Kingdom and possesses a Macao SAR Passport. Mrs. Cheong knows that the Macao SAR Passport cannot be used for the purpose of traveling in Hong Kong.She wonders if she can apply for a “Visit Permit for Residents of Macao SAR to Hong Kong SAR” on behalf of her daughter, so that her daughter can travel to Hong Kong when she is back to Macao.

Ans: Mrs. Cheong’s daughter can enter Hong Kong with a valid Macao SAR Permanent Resident Card. If she needs, she can also apply for the “Visit Permit for Residents of Macao SAR to Hong Kong SAR” by logging in to DSI’s “Postal Application Service” system and follow the system instruction to lodge the application by post. Please note that, if Mrs. Cheong ‘s daughter is below 18 years old, photocopies of both of her parents or her legal guardian’s identification documents are required when lodging the application, and her parents or legal guardian have to sign the application form.

Miss Wong plans to travel to the United States with her Macao SAR Passport. Due to the reason that there is no direct flight from Macao to the U.S., Miss Wong has to make her flight departure in Hong Kong. In this case, can Miss Wong use her Macao SAR Passport for transit purpose? Must she apply for a “Visit Permit for Residents of Macao SAR to Hong Kong SAR” to enter Hong Kong?

Ans: The Macao SAR passport cannot be used as a travel document for entering Hong Kong on its own. However, Miss Wong can transit through Hong Kong with the Macao SAR Passport provided that she can present a flight ticket to the U.S., and she can stay for a maximum period of 7 days in Hong Kong.

Alternatively, Ms. Wong may enter Hong Kong with a permanent Macao SAR Resident Identity Card ( BIR ). It is not necessary for her to apply for Visit Permit for Residents of Macao SAR to Hong Kong SAR.