
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 David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Awards
Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Blog post
Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Awards
Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.

Media mentions
Partner Rick Lamanna emphasises the need for long-term planning and consistent leadership to restore confidence in Canada’s immigration system.

Blog post
Partner Azeem Mohiuddin discusses how Qatar is implementing a strategic vision to develop a workforce that is prepared for future challenges and opportunities, highlighting the role of skilled migration in addressing gaps in the local workforce.

Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss the SEVIS reversal and the continued challenges US international students may face.

Video
Practice Leader Kate Praphakornphiphat discusses Thailand’s Digital Nomad Visa—officially known as the Destination Thailand Visa (DTV)—and how you can apply for it.

Media mentions
Partner Aaron Blumberg explains that children of H-1B visa holders must secure a new legal status or leave the US when their H-4 dependent visas expire at age 21.

Media mentions
Partner Kevin Miner discusses unusual biometrics requests in H-1B and I-140 cases, noting they depart from standard practice.

Blog post
Regional Immigration Manager David Makau provides essential information about the launch of Bahrain's new Golden Visa portal, highlighting key details for applicants.

Video
Partner Diana Quintas shares everything you need to know about Brazil’s Digital Nomad Visa – a great option for remote workers looking to live and work in Brazil.

Media mentions
Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Awards
Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Blog post
Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Awards
Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.

Media mentions
Partner Rick Lamanna emphasises the need for long-term planning and consistent leadership to restore confidence in Canada’s immigration system.

Blog post
Partner Azeem Mohiuddin discusses how Qatar is implementing a strategic vision to develop a workforce that is prepared for future challenges and opportunities, highlighting the role of skilled migration in addressing gaps in the local workforce.

Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss the SEVIS reversal and the continued challenges US international students may face.

Video
Practice Leader Kate Praphakornphiphat discusses Thailand’s Digital Nomad Visa—officially known as the Destination Thailand Visa (DTV)—and how you can apply for it.

Media mentions
Partner Aaron Blumberg explains that children of H-1B visa holders must secure a new legal status or leave the US when their H-4 dependent visas expire at age 21.

Media mentions
Partner Kevin Miner discusses unusual biometrics requests in H-1B and I-140 cases, noting they depart from standard practice.

Blog post
Regional Immigration Manager David Makau provides essential information about the launch of Bahrain's new Golden Visa portal, highlighting key details for applicants.

Video
Partner Diana Quintas shares everything you need to know about Brazil’s Digital Nomad Visa – a great option for remote workers looking to live and work in Brazil.