Same-Sex Spousal Approved in Hong Kong

by Admin on September 29, 2017

According to Jurist, a British lesbian who was previously denied a spousal visa to join her partner in Hong Kong has won an appeal to have the decision overturned.

The woman’s visa application was originally denied by the Hong Kong Immigration Department because the term ‘spouse’ only applies to husbands and wives in heterosexual marriages, according to Article 37 of the Basic Law. The couple joined in a civil partnership in the UK.

The Hong Kong High Court of Appeal stated that there was no justification for “discrimination on account of sexual orientation”.

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Chief Judge Andrew Cheung said that “excluding the foreign worker’s lawfully married (albeit same‑sex) spouse or civil partner under a civil partnership lawfully entered into in a foreign country from coming to Hong Kong to join the worker is, quite obviously, counter‑productive to attracting the worker to come to or remain in Hong Kong to work”.

Read the full story here

Related Articles: Gay Brit Appeals Spousal Visa Denial in Hong Kong

Image: Matthew Yau

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