British National (Overseas) Route Extended for Family Members

The recent Statement of Changes to the UK Immigration Rules was relatively limited in scope, but contained an important expansion of the existing Hong Kong British National (Overseas) (BN(O)) visa route.

The BN(O) route was introduced in January 2021 by the UK Government in response to the Chinese Government applying its national security law to the territory of Hong Kong. The route broadly allows those with BN(O) status and their family members to obtain a right of residence in the UK, with an unrestricted right to work and access to settlement after five years of residence. As of March 2022, more than 90,000 overseas applications under the BN(O) route have been granted.

The existing rules enable children of BN(O)s born on or after 1 July 1997 to apply, but only if the BN(O) parent is also applying under the route and the child forms part of the same household. These rules effectively mean only those still broadly dependant on their BN(O) parent can apply. This will change effective from 30 November 2022, with the new rules allowing children of people with BN(O) status to apply under the route, even if the BN(O) parent is not applying for UK residence and/or if the child is not part of the parent’s household.

Why does this matter?

The change is significant as it will allow adult children of BN(O)s to apply independently under this route to come and settle in the UK, together with their partners and children. These individuals do not need to have been born in Hong Kong to qualify, provided they are the child of a BN(O), born on or after 1 July 1997, and living in Hong Kong, the UK or Crown Dependencies. In practice, this significantly widens the pool of potential applications from a younger portion of the Hong Kong population. Allowing independent applications and removing the requirement for the BN(O) parent to also apply increases the possibility of upwardly mobile, skilled and economically self-sufficient young professionals relocating to the UK.

The previous rules created an inequality between individuals of similar age – for example a person born just before 1 July 1997 could have registered as a BN(O), whereas those born just after that date could not do so, and equally could not apply under the UK’s BN(O) visa route unless they still formed part of their BN(O) parent’s household. The new rules resolve this favourably for applicants, which is certainly welcome.

Whilst the change required only a minor amendment of the wording of the Rules, its effect is potentially wide-ranging. It broadens the scope of the route, increases the possibly of relocation to the UK for young, independent family members of BN(O)s, and highlights the willingness of the Home Office to act on feedback and update the route where required.

Need to know more?

Fragomen’s dedicated private client team assists individuals, their families and their advisors to navigate the legal complexities of immigration and citizenship around the world. For further information and advice on immigration options for BN(O)s, please contact Senior Associate Alex Hood at [email protected].

This blog was published on 3 November 2022, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.