Hong Kong and Macau Clients: Immigration, Property, Estate and Family Law Matters in Australia

Families in Hong Kong and Macau usually have very concrete links to Australia: a child studying in Melbourne, a plan to apply for permanent residence on a Hong Kong SAR passport, a flat bought in Victoria, a parent who has died in Australia leaving property, or a spouse who has already moved to Australia. The direct answer is that most of these matters do not require you to fly to Australia. Chua Tan Associates can meet you by video in Cantonese, Mandarin or English, and documents can be signed and notarised in Hong Kong or Macau, apostilled and sent back for use in Australia. Justin Chua studied on exchange in Hong Kong and understands how the Hong Kong, Macau and Australian systems fit together; the firm has a notary public and two Law Institute of Victoria Accredited Specialists in immigration law.

Key points

Hong Kong SAR and British National (Overseas) (BNO) passport holders can use dedicated Hong Kong streams: a five-year Temporary Graduate (subclass 485) visa, followed by permanent residence through the Hong Kong streams of the subclass 189 or 191 visas. Macau SAR passport holders cannot use these streams.
The Hague Apostille Convention continues to apply in both Hong Kong and Macau, so local documents can generally be used in Australia once apostilled.
People who are not Australian citizens or permanent residents usually need Foreign Investment Review Board (FIRB) approval before buying, and pay Victorian foreign purchaser additional duty and absentee owner surcharge.
A Hong Kong grant of probate cannot be used directly to deal with Victorian real estate; a separate Victorian grant or a reseal is needed.
Marriages registered in Hong Kong or Macau are generally recognised in Australia, and where jurisdiction exists Australian courts can make orders on divorce, children and property, including assets in Hong Kong or Macau.

Immigration: dedicated streams for Hong Kong SAR and BNO passport holders

Since March 2022 Australia has had dedicated arrangements for Hong Kong SAR and BNO passport holders. Graduates who complete eligible study in Australia can apply for a five-year Hong Kong stream of the subclass 485 visa. From July 2024 the general 485 age limit was reduced to 35, but Hong Kong and BNO passport holders were exempted and keep a higher age limit. After that, people who have been usually resident in Australia for at least four continuous years while holding a qualifying visa can apply under the Hong Kong stream of the subclass 189 Skilled Independent visa; those who have lived in a designated regional area for three continuous years and worked or studied there can apply under the Hong Kong stream of the subclass 191 regional permanent visa. These streams do not require an invitation or a points score, but health, character and other requirements still apply.

Note that these streams turn on the passport held and your residence record in Australia; travel, time spent offshore and gaps between visas can all affect the continuous residence calculation. Family members holding Macau SAR passports need to plan through the general skilled, employer-sponsored or family pathways. See our separate article on the Hong Kong streams for details.

Buying and holding property in Australia

A buyer who is not an Australian citizen or permanent resident is generally a foreign person when buying residential property, and usually needs FIRB approval (or a contract conditional on it) and must pay an application fee. The Federal Government currently has a temporary ban on foreign persons buying established dwellings, so foreign buyers are in principle largely limited to new dwellings or vacant land. In Victoria they also pay foreign purchaser additional duty on purchase and an annual absentee owner surcharge while holding the property, and vacancy tax may apply if it is left empty. Different rules apply where one spouse is an Australian citizen and they buy jointly.

Many Hong Kong parents fund a home for a child studying in Australia. How the money is provided (gift, loan or co-ownership) and whose name goes on the title affect stamp duty, any later property division if the child's relationship breaks down, and the parents' own estate plans, so these should be planned together before signing.

Wills and estates: using a Hong Kong grant in Victoria

Hong Kong is a common law jurisdiction and grants of probate are issued by the Probate Registry of the High Court, but they only operate in Hong Kong. If a deceased relative left a house or bank accounts in Victoria, the personal representative generally needs to apply to the Supreme Court of Victoria for probate, or, where eligible, have the Hong Kong grant resealed. Whether a reseal is available depends on the jurisdictions listed under Victoria's Administration and Probate Act 1958 and on the documents available; if not, a fresh Victorian application is required. Macau is a civil law jurisdiction without an equivalent grant, so a direct Victorian application is usually needed.

For families with assets in both places, a common approach is to make separate Hong Kong and Australian wills, each dealing only with local assets, and to make sure the later will does not accidentally revoke the earlier one. Victoria also allows eligible family members to bring family provision claims, which do not work in exactly the same way as the Hong Kong regime, so this should be considered when making a will.

Hong Kong and Macau marriages and Australian family law

Marriages validly registered at the Hong Kong Marriage Registry or the Macau Civil Registry are generally recognised in Australia. If either spouse is an Australian citizen, is domiciled in Australia or has ordinarily lived in Australia for 12 months, either can apply for divorce to the Federal Circuit and Family Court of Australia, provided they have been separated for at least 12 months. For property, Australian courts can take into account all of the parties' assets in Hong Kong, Macau and elsewhere, and make orders binding the party in Australia.

If the other spouse has already started divorce or financial proceedings in Hong Kong, there will be a question of which court is the more appropriate forum, and early advice matters. A Macau marriage may also involve Macau's matrimonial property regime, where assets are characterised and proved differently from Australia. Where children are moving to Australia with one parent, custody and travel arrangements should be settled first to avoid issues under the Hague Child Abduction Convention.

MPF and moving funds

MPF benefits cannot be transferred directly into Australian superannuation. Under Hong Kong rules, members leaving Hong Kong permanently can apply for early withdrawal with a statutory declaration and supporting evidence, but Hong Kong has specific requirements about acceptable evidence and generally does not accept a BNO passport, so an Australian visa or similar document is often used instead. Timing also matters for Australian tax: if a foreign retirement benefit is withdrawn after you become an Australian tax resident, part of it may be taxable in Australia. Plan the timing with your accountant around the move.

Companies and business

Hong Kong and Macau business owners setting up in Australia usually incorporate an Australian proprietary company (Pty Ltd) or register a foreign company branch. A proprietary company must have at least one director who ordinarily resides in Australia, and needs an Australian Business Number (ABN), tax registrations and often a commercial lease. If staff or the owner will come on a subclass 482 Skills in Demand or 186 Employer Nomination visa, the company structure, trading history and financial records affect sponsorship eligibility, so plan these before incorporating.

Signing, notarising and apostilling documents

In Hong Kong apostilles are issued by the High Court, and in Macau by the designated local authority. The usual process is to sign or certify the document before a notary public or lawyer locally, obtain the apostille, then send it to Australia; Chinese documents usually also need a translation by a NAATI-certified translator. In the other direction, Australian documents for use in Hong Kong or Macau are generally apostilled by the Department of Foreign Affairs and Trade (DFAT). Witnessing requirements differ for Australian affidavits, statutory declarations and property transfer documents, so confirm the format before signing to avoid documents being rejected.

Practical matters: time zones and getting started

Hong Kong and Macau are two to three hours behind Melbourne, depending on Australian daylight saving, so video meetings are usually easiest in the Hong Kong morning or at lunchtime.

Have your passport (Hong Kong SAR, BNO or Macau SAR) and any Australian visa details ready.
List your assets in Australia and in Hong Kong or Macau, including property, bank accounts, company shares and MPF.
Gather the relevant documents: wills, grants of probate, marriage certificates, property contracts or company documents.
Note any deadlines, such as a visa expiry, settlement date or court deadline.
Book a video meeting and tell us whether you prefer Cantonese, Mandarin or English.

Frequently asked questions

I hold a BNO passport. Can I apply for the Hong Kong stream of the 189 visa?

Yes. The Hong Kong streams apply to both Hong Kong SAR and BNO passport holders, but you must have been usually resident in Australia for four continuous years on a qualifying visa and meet health, character and other requirements.

I live in Hong Kong. Can I buy a home in Melbourne for my child?

Yes, but if you are not an Australian citizen or permanent resident you are usually a foreign person needing FIRB approval and paying Victorian foreign purchaser additional duty, and there is currently a temporary ban on foreign persons buying established dwellings. Another option is for your child to buy with your funds, but whether that is a gift or a loan should be planned first.

My father died in Hong Kong leaving a unit in Melbourne. Do we need a Victorian grant?

Generally yes. A Hong Kong grant cannot be used directly to transfer Victorian land; you need a Victorian grant, or a reseal of the Hong Kong grant where eligible. You will need the will, the death certificate and certified copies of the Hong Kong grant.

We married in Macau and one of us now lives in Melbourne. Can we divorce in Australia?

Generally yes, if one of you is an Australian citizen, is domiciled in Australia or has ordinarily lived here for 12 months, and you have been separated for at least 12 months. The Macau marriage certificate will need a NAATI translation.

What do I need to do before sending Hong Kong documents to Australia?

Usually have them witnessed or certified by a notary public or lawyer in Hong Kong, then apostilled by the High Court. Chinese documents generally also need a NAATI translation. Formats differ by purpose, so confirm before signing.

Contact us

To get started, call +61 3 9602 3988 or contact us through the website, letting us know where you are and what you need help with. We will arrange a video consultation in Mandarin or Cantonese at a time that suits your time zone. Initial consultations are charged.

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This page is general information only and is not legal advice.