Same-Sex Spouses and Partners Now Eligible for Dependent Status

The situation

The Hong Kong Immigration Department (HKID) announced today that same-sex dependent spouses will be eligible to apply for dependent status starting from September 19, 2018.

A closer look

• Civil partners (same-sex and opposite-sex) also eligible. Aside from same-sex spouses, individuals who have entered into legally-recognized civil partnerships and unions (whether same-sex or opposite-sex) outside Hong Kong will also be eligible for dependent status.
• Eligibility. Applicants must meet the immigration requirements listed under the interim arrangement for eligible dependents.
• Effect on dependents under the interim arrangement. Permission to stay granted to dependents under the previous interim arrangement will remain valid. Individuals under this scheme may apply for a Dependent Visa prior to the expiry of their permission to stay.
• Impact. Same-sex dependents of eligible sponsors should benefit from this new policy that recognizes their status as dependents and grants them the right to stay, find employment, start a business or study in Hong Kong.
   

Background

This announcement follows the HKID’s review of immigration policy seeking to implement the Court of Final Appeal’s ruling on this issue and the implementation of an interim arrangement granting dependent rights to same-sex spouses.

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].