Visa & Immigration Update: Hong Kong Spousal Visa for Same-Sex Partners

Background

Hong Kong’s Court of Final Appeal ruled in favor of a British lesbian expatriate on 4 July, 2018, requiring immigration authorities to grant same-sex partners spousal visas previously only granted to heterosexual couples. 

Policy Highlights

The Hong Kong Immigration Department is reviewing the dependant immigration policy regarding foreign, legally recognized, same-sex relationships. Before completion of the policy review, the Immigration Department will implement its interim arrangement and grant a party in a foreign, legally recognized, same-sex relationship with an eligible sponsor permission to remain in Hong Kong for one year or in line with their sponsor’s limit of stay, whichever is shorter.

During this period, the concerned party can study, work or do business in Hong Kong without the need for prior permission from the Department Director.

The interim measure does not pre-empt the policy review’s process and should not be regarded as a legal recognition to same-sex marriage under the Hong Kong laws.

Impact of Above Changes

This will provide more flexibility to same-sex partners currently working in Hong Kong or considering a career opportunity in Hong Kong. This move may set Hong Kong apart from other strong Asia cities - Singapore, mainland China and Japan in attracting global talent.

How SIRVA Can Help

Compliance with immigration laws across the globe is quickly becoming one of the most important issues faced by human resource and talent mobility professionals today. SIRVA can help businesses who wish to assign talent or hire a foreign talent in Hong Kong by reviewing their eligibility on work authorization and dependent visas and provide effective measures to ensure compliance. 

For more information, please reach out to our SIRVA Immigration Specialists in Hong Kong: _SIR-HK-VISA@sirva.com