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LGBT victory in Hong Kong expat visa court ruling

By Kirsten Hastings, 4 Jul 18

A landmark court case means that same sex couples in civil partnerships will be eligible for spousal visas in Hong Kong.

A British woman, known as QT, was denied a spousal visa after her partner, a dual British and South African national, was offered work in Hong Kong in 2011.

This meant QT would need a separate visa to gain resident status and the permission to work.

Hong Kong’s Immigration Department would only grant QT a tourist visa, as same-sex unions are not recognised under the special administrative region’s legal system.

After various legal twists and turns, she won in the Court of Appeal by unanimous decision in September 2017.

That ruling was unanimously upheld by five judges in the Court of Final Appeal on 4 July, ending an immigration policy that restricted spousal visas to married and heterosexual couples.

While the ruling is a victory for expats, Hong Kong’s definition of marriage, being between a man and woman, remains unchanged.

Industry support

The long running court case found significant support from global financial institutions in Hong Kong, with companies such as Goldman Sachs and Morgan Stanley vocally supporting the cause.

Recruiting in Hong Kong can be challenging, and companies had expressed concerns that such restrictions could impact on the quality of candidates.

According to media reports, Amnesty International along with 15 financial institutions and 16 law firms attempted to lodge supporting documents with the Court of Final Appeal, but their application was denied in May.

Still work to do

While the court case is a victory for the LGBT community in Hong Kong, there is still work to be done across the world to ensure greater equality.

Figures from UK-based gay insurance adviser Compass Mortgage and Insurance Service show that the average sum assured for LGBT people fell by more than £8,000 ($10,535, €9,043) between 2015 and 2016.

More recent figures are not currently available.

Tags: Hong Kong | LGBT | Visa

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International Adviser covers the global intermediary market that uses cross-border insurance, investments, banking and pension products on behalf of their high-net-worth clients. No news, articles or content may be reproduced in part or in full without express permission of International Adviser.