Further Details on Immigration Route for British Nationals (Overseas) in Hong Kong

The situation

In response to the enactment of the National Security Legislation in Hong Kong, the Home Secretary has published a paper which sets out the framework for the special immigration route for holders of BN(O)status, –a form of British nationality. 

A closer look

The paper confirms the below information:

• Right to work. Successful applicants will have unrestricted right to work and study in the United Kingdom.
• Eligibility requirements. In addition to holding BN(O) status, applicants and their family members must also:
  • Be ordinarily resident in Hong Kong;
  • Be able to demonstrate their ability to accommodate and support themselves in the United Kingdom for at least six months;
  • Not have any serious criminal convictions;
  • Demonstrate a commitment to learn English in the United Kingdom if they wish to apply for settled status after five years; and
  • Hold a current tuberculosis test certificate from a clinic approved by the Home Office.
• Validity period. The visa will be granted for five years, which will consist of an initial period of 30 months and possibility to renew through a second application for a further 30 months. Alternatively, applicants will be able to initially apply for five years’ validity, but will incur a higher government fee.
• Settlement status. This visa route will lead to settled status after five years if the applicant has been continuously resident in the United Kingdom (i.e., absences should not exceed 180 days in a 12-month period). Those who obtain settled status can then apply for full British citizenship after a further 12 months.
• Application process. Applicants will be able to apply from anywhere in the world via an online application. Successful applicants will be issued a digital visa.
• Fees. Applicants must pay visa application fees and the immigration health surcharge. The government fees will be announced at a later date.
• Dependants. BN(O) citizens with a spouse or partner and children under age 18 will be eligible to apply for the BN(O) visa. The Home Office will exercise discretion to grant a visa for children who are over the age of 18 but still dependant on their parent in ‘compelling and compassionate circumstances’.

 

Background

• History of BN(O) status. BN(O) status is a form of British nationality that was created in the runup to the handover of Hong Kong from the United Kingdom to China in 1997.  Holders of the status are able to hold a British passport, but this does not entitle them to full UK citizenship rights.
• Numbers of eligible applicants. There are approximately three million holders of BN(O) status in Hong Kong, which was available to those born in Hong Kong before July 1, 1997.  There are estimated to be around 300,000 BN(O) passport holders, and approximately three million residents of Hong Kong entitled to the status who would be eligible to apply under the scheme.
• Existing UK immigration path. Existing UK immigration rules allow BN(O)s to enter the United Kingdom for an initial period of six months, but this is subject to a requirement not to work or study.

 

Looking ahead

The Hong Kong BN(O) Visa will be open for applications starting January 2021. However, the UK government will be able to consider granting Leave Outside the Rules for six months to BN(O) citizens and their accompanying dependants who wish to travel sooner.

BN(O) citizens who are currently in the United Kingdom will be able to apply and switch to the Hong Kong BN(O) visa from within the United Kingdom starting January 2021.

Fragomen will report on relevant developments.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].