Same-sex couple issued Hong Kong spousal visa: a turning point for LGBTI rights in Asia
A British woman, known as ‘QT’, has gained the right to live and work legally with her wife in Hong Kong, marking a major turning point for LGBTI people in Asia.
In order for a couple to live and work in Hong Kong, one of the 2 partners in any couple should be a permanent resident, usually sponsored by their employer with a visa which establishes residency. The other partner can then apply for a spousal visa which allows that individual to live, work and access certain benefits in Hong Kong, without needing a separate visa.
The British woman in question, QT, initially sued the immigration director in 2014 when she was denied a spousal visa. Her partner had been living in Hong Kong for a number of years and due to denial of a spousal visa, QT spent a number of years travelling between London and Hong Kong. The couple have now won the protracted court battle and have been granted the right to live and work together in Hong Kong.
“This judgment is a milestone for Hong Kong and a watershed moment for the rights of LGBTI people across Asia.” Jan Wetzel, Senior Legal Advisor at Amnesty International
Views on LGBT issues in Asia as a whole remain mixed. A 2011 Barclays sponsored survey showed that 22% of respondents were “not accepting” of lesbian, gay and transgender individuals, and a ¼ of respondents also felt it was “acceptable” or “sometimes acceptable” to not offer a job to an LGBT individual.
Despite increasing restrictions on restrictions on civil society groups in China, people that live in cities are becoming more accepting of LGBT people, and the LGBT community is becoming increasingly visible.
Views in Asia are changing. Six local governments in Japan now recognise same-sex partnerships and Hong Kong has also demonstrated a growing support for gay marriage at a societal level in recent years. A 2017 survey by Hong Kong University found that 50.4% of Hong Kong citizens agreed with same-sex marriage, as opposed to 38% in 2013.
Taiwan is the principal country in Asia that is taking steps towards recognising same-sex marriage. Taipei is still the hub for LGBT life in Asia with Taipei Gay Pride being the largest pride event in Asia with the 2017 pride attracting over 100,00 people, some estimates suggest as many as 123,000 people attended – a 50% increase in attendees than previous years.
As the financial capital of Asia, moving LGBT rights forward in Hong Kong makes for not only improved human rights practice, but also better business sense. Companies such as Goldman Sachs and Morgan Stanley publicly supported QT’s case. This is not an isolated case, businesses in Asia have been working to encourage a diverse workforce. Financial institutions and foreign chambers of commerce have lobbied for change in the legislation to include the recognition of same-sex marriages in order to attract and maintain foreign talent to Hong Kong and the rest of Asia.