British lesbian wins landmark spousal visa case in Hong Kong

A woman dances under a huge rainbow flag during the Gay Pride parade on September 17, 2017 in Belgrade. Serbia - AFP
A woman dances under a huge rainbow flag during the Gay Pride parade on September 17, 2017 in Belgrade. Serbia - AFP

A British lesbian has been granted a dependent visa in Hong Kong in what is being seen as a landmark judgement in a city which does not recognise same-sex marriage.

Dependent visas, which allow the holder to live and work in Hong Kong, are normally only granted for husbands or wives of those who move to the city for employment.

The woman, who was named as QT in court filings, entered into a civil partnership in the UK in 2011.

She moved Hong Kong shortly afterwards with her partner who was offered a job there, but QT was initially given only a visitor visa.

However, a decision by a lower court last year to not grant her a dependent visa was overturned at the appeal court on Monday.

The decision said that said immigration authorities "failed to justify the indirect discrimination on account of sexual orientation that QT suffers".

Conservative views remain in Hong Kong as the city become increasingly modern. - Credit: AFP
Conservative views remain in Hong Kong as the city become increasingly modern. Credit: AFP

"Whilst one-ness, together-ness, joint-ness and mutuality are hallmarks of a heterosexual marriage relationship, they are not, or no longer, exclusive to such a relationship," the judgment added.

Hong Kong is a booming metropolis which brands itself as Asia’s World City.

Discrimination towards people for their sexual orientation is illegal in Hong Kong, but same-sex marriage is banned.

Campaigners see the judgment as a step towards greater quality in the former British colony.

Michael Vidler the woman’s solicitor told the South China Morning Post: “It’s a good day for Hong Kong. It’s a good day for QT and … all the lesbians and gay couples whose partners’ visas were denied.”