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
Media mentions
Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.
Media mentions
UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.
Awards
Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.
Media mentions
Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.
Media mentions
Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.
Video
Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.
Media mentions
Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.
Blog post
Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.
Media mentions
Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.
Media mentions
Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.
Blog post
Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.
Media mentions
Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.
Media mentions
UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.
Awards
Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.
Media mentions
Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.
Media mentions
Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.
Video
Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.
Media mentions
Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.
Blog post
Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.
Media mentions
Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.
Media mentions
Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.
Blog post
Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.