Macao work visa for non-resident workers

Law No. 21/2009 treats foreign labour as a complement to the local workforce: non-resident workers fill posts for which resident workers are not available at equal cost and efficiency, are hired for a limited time, receive equal treatment and pay, and resident workers have priority both in hiring and in keeping jobs. The law recognises three categories: specialised workers, who hold a tertiary degree or highly qualified technical skills or professional experience and fill a post requiring a high degree of specialisation; domestic workers; and non-specialised workers.

Within six months of the employer signing for the employment authorisation dispatch, the employer, its licensed employment agency or a legal representative applies to the Non-resident Workers Subdivision of the PSP, in person or through the Online Application System for Non-resident Workers. For skilled workers, the application form with a copy, a 1.5-inch colour photo and a copy of the passport are submitted together with the authorisation dispatch; the initial examination is done the same day and a return slip is issued.

The worker then completes the formal examination in person. After payment the worker receives a Revenue Receipt and the Authorization to Stay as Non-resident Worker, and collects the card at the chosen location on the date shown. Non-specialised workers first receive an Entry Permit for Work Purpose and must enter Macao with it from outside.

The Non-resident Worker's Identification Card costs MOP 100. Its expiry date matches the period approved in the employment authorisation, unless a shorter term follows from the immigration rules. Renewals are filed at the PSP within 60 days before the card expires, after the employer has renewed its employment authorisation; renewals can also be confirmed through Macao One Account or PSP self-service kiosks.

The employer applies to the Labour Affairs Bureau. In deciding, the authorities weigh whether resident workers are available for the same post on equal terms, the needs of the labour market and the sector, the worker's fitness, qualifications and experience, the working conditions offered and the employer's financial capacity. Conditions can be attached, such as a guarantee. Once approved, the employer pays a monthly employment fee for each non-resident worker and may not pass it on to the worker or reduce pay to cover it. The authorisation lapses if no stay application is made for the worker within six months.

A worker may only do the job shown on the card. When a worker's Authorization to Stay is revoked or expires, a new one is normally not granted for six months. The law lists exceptions, including expiry of the term with a renewal request by the employer, expiry of the labour contract, revocation of the employer's authorisation, termination by mutual agreement and dismissal without just cause.

Non-resident workers are considered to be staying, not residing, in Macao, so they do not receive a Macao resident identity card even after seven years. Their family members can apply for a separate Special Authorization to Stay for family members of non-resident workers.