By Stefania Patuto – Immigration Barrister
The BN(O) Grownup Dependent Relative visa route is for the mum or dad, grandparent, brother, sister, son or daughter of a BN(O) Standing holder (or their associate or family member). As outlined in our previous blog post, the route beforehand allowed for Grownup Dependent Family to use with their Sponsor in the event that they shaped a part of the family and had been making the purposes on the similar time. This publish set out the modifications to those provisions, which have taken impact from 4 April 2024.
Former Necessities for a BN(O) Grownup Dependent Relative Visa
It was beforehand a validity requirement that an applicant should be making use of for entry clearance or permission to remain concurrently the BN(O) Standing holder (or their associate or family member). Any applicant who utilized at a distinct time from their Sponsor on the BN(O) route may have their utility invalidated and never thought-about, as set out within the former Paragraph HK45.4 of the Immigration Guidelines.
This requirement was reiterated within the relationship necessities within the former Paragraph HK48.2 which confirmed that the applicant should be making a sound utility concurrently their sponsor on the BN(O) route.
New Necessities for a BN(O) Grownup Dependent Relative Visa
Paragraph HK45.4 of the Immigration Guidelines now states as follows:
“HK 45.4. The applicant should be the mum or dad, grandparent, brother, sister, son or daughter of an individual who’s:
(a) a BN(O) standing holder who has entry clearance or permission to remain underneath the BN(O) Standing Holder route or who has made a sound utility for such entry clearance or permission to remain; or;
(b) the dependent associate (“DP”) of a BN(O) Standing Holder, the place the DP has entry clearance or permission to remain underneath the BN(O) Standing Holder route or has made a sound utility for such entry clearance or permission to remain; or
(c) the kid of a BN(O) standing holder who has entry clearance or permission to remain underneath the BN(O) Family Member route or who has made a sound utility for such entry clearance or permission to remain; or
(d) the dependent associate (“DP”) of a kid of a BN(O) standing holder, the place the DP has entry clearance or permission underneath the BN(O) Family Member route or has made a sound utility for such entry clearance or permission to remain; or
(e) each a British citizen and a BN(O) standing holder.”.
There are subsequently two fundamental modifications to this paragraph. Firstly, that the Sponsor could have already got utilized, or have permission as a BN(O) Standing Holder, dependent associate or family member on the BN(O) route. ADR candidates are now not required to use concurrently their Sponsor.
The second notable change is that the Sponsor could also be each a British citizen and a BN(O) Standing Holder.
Purpose for the Modifications to the Hong Kong BN(O) Visa for Grownup Dependent Family
The rationale for the modifications to the BN(O) Grownup Dependent Relative Visa route are set out within the Explanatory Memorandum to the Assertion of Modifications, which states:
“Modifications are being made to the route that can:
[…]
Enable Grownup Dependent Family on the BN(O) route to use later to affix the principle applicant within the UK the place there was a change of their circumstances, they usually can now not stay independently.
Guarantee eligible relations of a person who holds each BN(O) standing and British citizenship can apply on the BN(O) route.”.”
Nevertheless, there isn’t any reference to ‘change of circumstances’ within the Immigration Guidelines, and subsequently it’s unclear as to how the Residence Workplace will likely be assessing this when contemplating purposes made underneath the brand new guidelines. The Home Office Guidance was up to date on 10 April 2024, and likewise makes no reference to a change of circumstances, although it does point out a desire for grownup dependent kinfolk to use with the principle applicant:
“Beneath the BN(O) Standing Holder route, our expectation is that BN(O) standing holders and related relations will normally apply collectively, though they could select to journey to the UK individually. See: Travelling to the UK individually. In follow, because of this the principle applicant who’s a BN(O) standing holder ought to apply first and obtain their Distinctive Applicant Quantity (UAN) or World Internet Type (GWF) reference. Any dependants making use of ought to quote this UAN or GWF of their purposes.
[…]
Who can apply at a later date from the principle applicant?
Dependent companions, dependent youngsters aged underneath 18 and Grownup Dependent Family will not be required to use concurrently the principle applicant and may as an alternative apply to affix them at a later date. When making use of as a dependent associate, baby or Grownup Dependent Relative for the primary time, the principle applicant will need to have both made a sound utility for entry clearance or permission to remain that has not been determined, have entry clearance or permission as a BN(O) standing holder or because the associate of a BN(O) standing holder or be a twin British Citizen and British Nationwide (Abroad).”
It’s unclear whether or not a change of circumstances will likely be thought-about when the Residence Workplace is assessing these purposes.
People Who Maintain Each BN(O) Standing and British Citizenship
British residents can already Sponsor an grownup dependent relative underneath Appendix Grownup Dependent Relative. The substantive necessities of an ADR utility on the BN(O) route are largely the identical as these contained in Appendix Grownup Dependent Relative. The primary distinction is within the dependency necessities, the place Appendix BN(O) particularly considers whether or not care will likely be out there to the applicant ought to the Sponsor transfer to the UK. Paragraph HK 49.2(c) states that the Applicant should:
(c) be unable, even with the sensible and monetary help of the BN(O) Standing Holder or the associate of the BN(O) Standing Holder or the BN(O) Family Member or the associate of the BN(O) Family Member, to acquire the required degree of help in Hong Kong, if the BN(O) Standing Holder or the associate of the BN(O) Standing Holder or the BN(O) Family Member or the associate of the BN(O) Family Member strikes to the UK, both as a result of the help:
(i) isn’t out there, and there’s no individual in Hong Kong who can fairly present it; or
(ii) isn’t reasonably priced.
In contrast to Appendix Grownup Dependent Relative, which considers care out there within the applicant’s complete nation of residence regardless of the Sponsor particularly, the BN(O) route considers the precise penalties if the BN(O) Standing Holder had been to maneuver to the UK.
Contact Our Immigration Barristers
For knowledgeable immigration recommendation on the Hong Kong BN(O) Visa route, please contact our immigration barristers on 0203 617 9173 or full our enquiry kind beneath.
