Focus on retaining and attracting top talent

In recent years, there has been an emphasis on retaining and attracting top talent in and to Hong Kong SAR. There has also been a drive to advance technology within the region. Considering this, new visa categories such as the Top Talent Pass Scheme (TTPS) and the Technology Talent Admission Scheme (TechTAS) have been established.

In the chief executive's 2023 policy address, which was delivered on 25 October 2023, the Hong Kong SAR government announced various initiatives to attract and retain talent. Proposed initiatives include but are not limited to the following:

1. Expanding the coverage of universities under the TTPS: From 1 November 2023, the list of eligible universities under the TTPS has been expanded to include eight institutions from Mainland China and overseas, making a total of 184 eligible institutions under the scheme. The TTPS allows qualifying foreign, high-income talents and graduates from top universities to receive a two-year visa, allowing them to work or establish a business in Hong Kong SAR.
2. Facilitating business travel to Mainland China: From 26 October 2023, foreign employees working for companies registered in Hong Kong SAR are eligible to apply for multiple-entry business visas to Mainland China at the China Visa Application Service Center in Hong Kong SAR. The visa is valid for two or more years with expedited processing.
3. Reactivating the Capital Investment Entrant Scheme (CIES): Eligible foreign investors who invest HKD 30 million or above in assets such as stocks, funds and bonds will be able to apply for entry into Hong Kong SAR. These assets do not include investment in residential real estate.
4. Establishing the Vocational Professionals Admission Scheme (VPAS) pilot program: Non-local students admitted from the 2024/25 admission cohort onward are allowed to stay in Hong Kong SAR for one year after graduation to look for a job relevant to their disciplines. The VPAS is expected to run as a pilot scheme for two years.

The HKID's dependent visa policy was judicially reviewed in the case of QT v. Director of Immigration [2018] (FACV No. 1 of 2018). In this landmark decision, a lesbian expatriate won an appeal against the HKID's refusal to grant her a dependent visa. The court of appeal unanimously held that the refusal amounted to indirect discrimination based on sexual orientation. The director of immigration lodged an appeal against the decision and the Court of Final Appeal (CFA) confirmed that same-sex couples who are lawfully married or in a civil partnership overseas are eligible for dependent visas, even though same-sex marriage/civil partnership is not recognized in Hong Kong SAR. The CFA agreed with the Court of Appeal's decision that the director of immigration's refusal to award a dependent visa to a same-sex couple was indirectly discriminatory, in breach of Article 25 of the Basic Law and Article 22 of the Hong Kong SAR Bill of Rights.

Following the CFA decision, the director of immigration announced an official change in its dependent visa policy. Now, a person who has entered into a same-sex civil partnership, same-sex civil union, same-sex marriage, opposite-sex civil partnership or opposite-sex civil union outside of Hong Kong SAR is eligible to apply for a dependent visa or entry permit into Hong Kong SAR. Previously, dependent visas were only offered to heterosexual married couples. The same assessment criteria apply to both heterosexual married couples and same-sex couples applying for a dependent visa.