Court of Final Appeal Upholds Landmark Ruling on Dependent Status for Same-Sex Spouses

The situation

Hong Kong's Court of Final Appeal recently upheld a landmark decision in September 2017 granting a British same-sex spouse the right to obtain dependent status. The ruling dismissed the petition filed by the Director of Immigration to set aside the previous decision by the Court of Appeals.

Impact

• The Immigration Department is bound by this decision and can no longer appeal the judgement.
• This decision may lead to the grant of dependent visa status to same-sex married spouses. 
• The Immigration Department is reviewing its options and is expected to shortly announce any change or amendment of the rules governing dependent visa applications.
• The changes in policy will only apply to married spouses and not to common law or de facto partners.
   

Background

Current Hong Kong immigration policy does not allow same-sex spouses to obtain dependent visas. They can only live in Hong Kong as visitors and are not entitled to employment rights. However, heterosexual spouses can obtain dependent visas and are generally entitled to employment rights in Hong Kong without restrictions (except for dependents of student visa holders who are not granted work authorization in Hong Kong based on their dependent visa status).

The case was filed in 2014 after the Director of immigration denied the application to obtain a Dependent Visa that would have given the British spouse the status of a resident and allow her to work without the need to apply for an employment visa.

Looking ahead

Fragomen will monitor the situation and provide updates as they become available.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].