Country / Territory
Related offices
The situation
Same-sex partners and spouses may be eligible for dependent status if a court decision remains valid following a potential appeal.
A closer look
The Court of Appeal unanimously found that a foreign national who filed a dependent visa application in Hong Kong in 2011 based on her same-sex partner should not have been denied a visa.
The decision states that the Hong Kong Immigration Department failed to demonstrate that the visa scheme, which does not allow same-sex partners and spouses to qualify for dependent status, had been put in place rationally.
Background
Current Hong Kong immigration policy does not allow same-sex partners and 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 entitled to employment rights in Hong Kong without restrictions.
What this means for foreign nationals
Same-sex partners and spouses currently remain ineligible for dependent status, however this could change depending on how the case progresses.
Looking ahead
The Hong Kong Immigration Department and the foreign national were ordered to submit a proposed draft order by consent within 28 days, at which time it will be clearer how the case will proceed.
Fragomen will closely monitor the situation and provide updates on the case.
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].
Country / Territory
Related offices
Explore more at Fragomen
Fragomen news
Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.
Media mentions
Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.
Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.
Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.
Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.
Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.
Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.
Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.
Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.
Media mentions
Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.
Blog post
Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.
Fragomen news
Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.
Media mentions
Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.
Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.
Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.
Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.
Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.
Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.
Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.
Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.
Media mentions
Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.
Blog post
Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.