Following on from the Court of Final Appeal’s decision on granting of dependant visas for same-sex civil partners in Hong Kong (link here), on 18 September 2018, the Hong Kong Government has formally announced that it is revising its dependant visa policy to include dependants of persons who have entered into a same-sex marriage, same-sex civil partnership, same-sex civil union, same-sex marriage, opposite-sex civil partnership or opposite-sex civil union outside of Hong Kong, provided that such status is legally and officially recognised by the local authorities of the place of celebration. Apart from the revision, all other original eligibility criteria of its dependant visa policy remain unchanged (the “New Policy”).

The New Policy will take effect on 19 September and all outstanding and new applications received by the Immigration Department will be processed according to the New Policy. Those who were previously granted permission to stay in Hong Kong under the Arrangement are entitled to apply for an extension of stay to remain as dependants.

The Immigration Department further stressed that the revision does not affect the meaning of “spouse” under the Policy and does not affect any other policies of the Government or any rights under the existing laws of Hong Kong.

For more information on immigration matters, please contact

Lesley McLean | Partner | lamclean@robertsonshk.com | +852 2861 8404 (office)