A legal case that ruled Hong Kong’s spousal visa system was discriminatory has forced the government to revise its immigration policy, effective from 19 September.
A spokesperson for the government said on Wednesday that it had “decided to revise the policy upon completion of a review […] conducted in view of the judgment handed down by the court of final appeal on 4 July 2018 in QT v Director of Immigration”.
The landmark case centred on a British woman, identified only as QT, who was denied a spousal visa after her partner was offered work in Hong Kong in 2011.
The change means that a person who has entered into a same-sex civil partnership/union, “same-sex marriage” or opposite-sex civil partnership/union outside of Hong Kong will be eligible to apply for a dependent visa/entry permit.
No change to same-sex marriage stance
A spokesperson for the Immigration Department stated: “As the [court of final appeal] recognised in its judgment in the QT case, a valid marriage under Hong Kong law is heterosexual and monogamous and is not a status open to couples of the same sex.
“The revision has nothing to do with legal recognition of same-sex civil partnership, same-sex civil union, ‘same-sex marriage’, opposite-sex civil partnership or opposite-sex civil union in Hong Kong.
“Nor should there be any expectation of such plan by the government. The revision does not compromise the government’s position in any legal proceedings,” the spokesperson said.
Same rules apply
The dependent partner of the civil partnership/union or marriage must still meet the normal immigration requirements and following eligibility criteria:
- There is reasonable proof of a genuine relationship between the applicant and the sponsor;
- There is no known record to the detriment of the applicant; and
- The sponsor is able to support the dependant’s living at a standard well above the subsistence level and provide him/her with suitable accommodation in Hong Kong.
Any outstanding applications will be processed according to the revised policy, the Immigration Department stated.
