Visitor visa accommodates gay couples
Gay professionals whose partners have been granted so-called prolonged visitor visas to stay in Hong Kong - a city which officially only recognises heterosexual unions - report that obtaining the document is usually straightforward.
While a heterosexual dependent's visa normally requires only a marriage certificate, a prolonged visitor's visa requires more. Proof of shared income and property and wills leaving assets to a partner may all help to prove a couple are truly in a relationship. Some have even been known to show love letters and phone bills. However, though providing such information may be onerous, applying - a process that can last from two to three months - apparently is not.
'If you can present strong evidence that you have a genuine relationship that is long term and will continue then it's very likely to be approved,' said Grace Shie, a global immigration lawyer for Baker & McKenzie.
Extending the visa every six months does not appear to be a problem either. Vivian Wong, a visa consultant at Lloyden Consultancy, said the group 'never gets a refusal' to extend a prolonged visitor's visa, so long as the relationship is ongoing.
Continuously extending a tourist's visa while one partner does not work is not always a viable option, however. French national Anne-Sophie has been on a prolonged visitor visa for two years and in a civil union for three years with her partner, who works in the corporate sector. Before coming to Hong Kong she worked full-time as an artist, but is now limited to two trips per year to France or China, where she freelances.
'I'd like to do more than be a housewife,' she said. 'We both like Hong Kong, but I am not sure how long I can stand this situation.'
Mr Li, who like Anne-Sophie declined to give his full name, has been in a civil partnership for five years and for four of those his partner had a prolonged visitor's visa.
He married his English husband at the British embassy in Hanoi (the Vietnamese allow the British to hold civil unions in their own consulates and embassies, whereas the Hong Kong government does not) and soon got him a prolonged visitor's visa to live in Hong Kong.
A year ago his partner returned to the UK, leaving Li here. He could not afford to stay in Hong Kong without employment at a time when Li was changing careers. 'He couldn't get a job, not even part time, and he was not entitled to public health,' Li said.
Human rights lawyer Michael Vidler says the prolonged visitor visa falls short of what is required and says same-sex partners should be treated as equal to heterosexual couples. He believes the status quo could be bad for business. 'Quietly I think the banks are concerned about the fact that they're having a proportion of their gay talent reluctant to come to Hong Kong because their partners won't have the same rights as the heterosexual couples,' he said.
Hayden Majajas, head of diversity at UBS, Asia said: 'Our ability to hire the best and brightest talent may be limited by the availability of different visa categories.'
