Australia: Benefits for Hong Kong SAR Skilled Workers and Students Extended to British National Overseas Passport Holders
November 4, 2021
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At a Glance
The Australian government announced that the new and extended visa options available to Hong Kong SAR skilled workers and students will be extended to British National Overseas (BNO) passport holders starting March 5, 2022. Key changes include:
- Certain BNO applicants will be able to apply for permanent residence under the new ‘Hong Kong’ eligibility stream and;
- Certain BNO students will be eligible for automatic extensions of their Graduate Visas and for pathways to permanent residence.
The situation
The Australian government announced that the new and extended visa options made available to Hong Kong SAR skilled workers and students last July 2020 will be extended to British National Overseas (BNO) passports holders starting March 5, 2022.
A closer look
The following changes will come into effect starting March 5, 2022:
| CHANGE | DETAILS | IMPACT |
| New pathways for permanent residence |
BNO passport holders who are also temporary skill and temporary graduate visa holders (Subclass 457, Temporary Skilled Shortage and Graduate Visa) will eligible for the following concessions:
|
Eligible BNO passport holders will benefit from new pathways for permanent residency in Australia. |
| Automatic graduate visa extension and pathway for permanent residence |
BNO passport holders who were in Australia on or before July 9, 2020 and have held Temporary Work (subclass 457), Temporary Skilled Shortage Visas or Graduate Skilled Visas during that time will be given an automatic extension for an additional five years and will be eligible for permanent residency after five years of holding this status. |
Eligible BNO passport holders will benefit from an adjusted visa duration and pathways to permanent residence. |
| Relaxation of definition of ‘members of the family unit’ | Children who have turned 23, and who would not normally be considered a ‘member of the family unit’ for the purpose of visa applications, will be an eligible member of the family unit for purposes of applications for Hong Kong streams under Subclass 189 (skilled – Independent) and Subclass 191 Permanent Residence (Skilled Regional) visa categories. | Children who would normally not be eligible for permanent residence will benefit from a relaxed definition of the term ‘members of the family unit’ and will be able to apply with the principal applicant. |
Background
- Benefits for BNO status holders. These changes are in line with the program in the United Kingdom for holders of BNO status in Hong Kong SAR, which allows such applicants to qualify for settled status after five years and then British citizenship after a further 12 months.
- History of BNO status. BNO status is a form of British nationality that was created in the runup to the handover of Hong Kong SAR from the United Kingdom to China in 1997.
Looking ahead
All of the measures that were announced by the Prime Minister in July 2020 have now been implemented and we do not expect any additional announcements specifically relating to Hong Kong nationals or BNOs.
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].
