LAUNCH OF A NEW VISA CATEGORY FOR HONG KONG BRITISH NATIONAL (OVERSEAS) ON 31 JANUARY 2021

Patricia Marleau of our immigration team looks at the new UK visa category for British national (overseas) citizens ordinarily residing in Hong Kong or the UK. If you have any questions, please contact our team for advice on 01905 900 919 or email patricia@bradleyhayneslaw.co.uk.

Before the handover of Hong Kong to China in 1997, those who were a British overseas territories citizen by connection with Hong Kong were able to register as a British national (overseas) (“BNO”) before 1 July 1997. Those who did not register and had no other nationality or citizenship on 30 June 1997 became British overseas citizens on 1 July 1997. The BNO status could not be acquired after 1997 and cannot be passed on by descent.

Last year, the Chinese government passed a new draconian security law severely restricting the rights and freedoms of Hong Kong citizens and arguably breached the Sino-British Joint Declaration agreed between the UK and China on the administrative arrangements of Hong Kong after 1 July 1997. Consequently, the UK government have considered opening rights for BNO citizens and decided to open a new visa category for Hong Kong BNOs from 31 January 2021 allowing them to enter the UK to live, work and/or study here and eventually apply for settlement (indefinite leave to remain) after 5 years in the UK under this visa category.

Before the changes, BNO status did not confer the right to live, work or study in the UK and BNO citizens were subject to the same immigration rules as all non-EU citizens. These welcoming changes are a testament to the UK’s historic and moral commitment to BNO citizens.

Two separate migration routes have been introduced under this new visa category:-

1. The BNO Status Holder route

To apply under this route, the main applicant will need to be a BNO citizen ordinarily resident in Hong Kong or the UK. Dependent partners and dependent children (including grandchildren) of BNOs will also be able to apply under this route provided they form part of the same household as the BNO citizen on the date of the application. In exceptional circumstances, other family members with a high degree of dependency will also be able to apply.

2. The BNO Household Member route

This route is for adult children, born on or after 1 July 1997, of a BNO citizen. The BNO Household Member and any dependent partner or child under 18 applying under this route will also need to form part of the same household as the BNO citizen on the date of the application.

There are validity, suitability and eligibility requirements that will need to be met as part of an application under this visa category. For example, the eligibility requirements include having BNO status, proving their ordinary residence, showing adequate maintenance and accommodation and providing a tuberculosis (TB) certificate where required. For further guidance or any questions relating to UK immigration and/or nationality, please contact our team for advice on 01905 900 919 or email patricia@bradleyhayneslaw.co.uk.