Lesbian expatriate wins landmark appeal against Hong Kong Immigration Department to secure spousal visa
Ruling could pave way for other gay partners to join loved ones in the city
The Court of Appeal’s unanimous decision means the woman, identified only as QT, will be given a dependant visa through her same-sex partner who works in Hong Kong – an immigration status only granted to heterosexual couples.
“It’s a good day for Hong Kong,” her solicitor, Michael Vidler, said. “It’s a good day for QT and … all the lesbians and gay couples whose partners’ visas were denied.”
While the court ruled that it was a form of indirect discrimination for the Immigration Department to base its definition of “spouse” on a marriage between a man and a woman, it also made clear that granting a dependent visa to QT was not an official validation of same-sex unions.
The case has wide implications for overseas companies wanting to relocate their LGBT staff to Hong Kong. It earlier prompted 12 leading international financial institutions, including Goldman Sachs Services (Asia) and Morgan Stanley Asia, to offer backing for QT in court, but their offer was turned down.