The British Nationwide (Abroad) residents immigration route opened on 31 January 2021. This text units out the principles for the BNO visa scheme, together with latest adjustments. The House Workplace abbreviation is “BN(O)”, which we are going to use the place it kinds a part of the official title of a route, however in any other case persist with the marginally much less ugly “BNO”.
Overview
Appendix Hong Kong British Nationwide (Abroad) launched two separate migration routes: the BN(O) Standing Holder route and the BN(O) Family Member route.
The BN(O) Standing Holder route is for British National (Overseas) citizens who’re ordinarily resident in Hong Kong or the UK. Dependent companions and dependent youngsters of BNOs also can apply below this route. In distinctive circumstances, different members of the family with a excessive diploma of dependency may apply.
The BN(O) Family Member route is for grownup youngsters, born on or after 1 July 1997, of a British Nationwide (Abroad) citizen. The BN(O) Family Member, and any dependent companion or baby making use of below this route, should type a part of the identical family because the BNO citizen.
The BNO routes are all five-year routes to settlement. Candidates may have the choice of making use of for both a 2.5 yr visa or a 5 yr visa. Extra on this later.
Earlier than we launch into the element, I need to spotlight this assertion from the introductory part of the Home Office guidance:
BN(O) standing is a type of British nationality created for individuals from Hong Kong so they may retain a type of British nationality and a connection to the UK after the handover to China in 1997 consistent with the Sino-British Joint Declaration…
The UK authorities launched the Hong Kong British Nationwide (Abroad) (BN(O)) route to offer the chance for BN(O) standing holders and sure members of the family to reside, work, and research within the UK. This adopted the imposition by the Chinese language Authorities of a nationwide safety regulation on Hong Kong, in breach of the Sino-British Joint Declaration, which restricts the rights and freedoms of the individuals of Hong Kong
This route was created to deal with the precise scenario of BNOs. The distinctiveness of the route in comparison with different UK visas will grow to be clear as we undergo it.
Eligibility
BN(O) Standing Holder route – important candidates
The principle applicant have to be a BNO citizen below the Hong Kong (British Nationality) Order 1986. This instantly guidelines out most individuals born after 1 July 1997 and everyone born after 31 December 1997, for causes defined in our briefing on BNO standing.
BN(O) Standing Holder route – members of the family
Dependent members of the family of BN(O) Standing Holders are additional sub-divided into three sub-routes:
- Dependent companion on the BN(O) Standing Holder route
- BN(O) Family Little one on the BN(O) Standing Holder route
- BN(O) Grownup Dependent Relative on the BN(O) Standing Holder route
The primary sub-route is for spouses and single companions who’ve been in a relationship much like a wedding or civil partnership for 2 years. Spouses and companions should meet the necessities of Appendix Relationship with Partner.
The second is for minor youngsters and minor grandchildren of BN(O) Standing Holders or companions of BN(O) Standing Holders. The inclusion of grandchildren right here considerably deviates from normal baby dependent visa guidelines. I’ve not seen grandchildren included anyplace else within the guidelines and I needed to re-read paragraph HK 15.1.(b) a number of occasions simply to make sure I wasn’t going mad. This is likely one of the distinctive options of the route.
Grandchildren should apply similtaneously the principle BN(O) Standing Holder grandparent AND should type a part of the identical family on the date of software. The requirement to type a part of the identical family shall be met the place the grandchild usually lives with the principle applicant. This successfully prevents grandparents from shifting to the UK first after which having their grandchild apply for a visa from abroad some months or years later.
Nonetheless, dependent youngsters below 18 don’t want to use similtaneously the principle applicant. The requirement for dependent youngsters are that each of the kid’s mother and father should have permission to be within the UK (aside from as a customer) or be making use of similtaneously the kid.
For instance, if one mum or dad is within the UK below the BN(O) route and the opposite is making use of similtaneously the kid, the requirement could be met. That is topic to the usual rules referring to sole surviving mother and father, sole duty, and critical and compelling causes.
The third sub-route is for an Grownup Dependent Relative of a BN(O) Standing Holder. Candidates have to be over 18 and have to be the mum or dad, grandparent, brother, sister, son or daughter of a BN(O) standing holder or BN(O) standing holder’s dependent companion. Grownup Dependent Relations also can apply at a later date than the principle applicant.
The place the applicant is the mum or dad or grandparent of a BN(O) Standing Holder or of the companion of a BN(O) Standing Holder, the applicant should not be in a subsisting relationship with a companion except:
- that companion can also be the mum or dad or grandparent of the BN(O) Standing Holder or of the companion of a BN(O) Standing Holder or of the kid of a BN(O) Standing Holder making use of on the BN(O) Family Membership route or of the companion of a kid of a BN(O) standing holder making use of on the BN(O) Family Member route; and
- that companion is making use of for entry clearance or permission to remain similtaneously the applicant.
BN(O) Grownup Dependant Relations should additionally:
(a) because of age, sickness or incapacity require long-term private care to carry out on a regular basis duties; and
(c) be unable, even with the sensible and monetary help of the BN(O) Standing Holder or the companion of the BN(O) Standing Holder or the BN(O) Family Member or the companion of the BN(O) Family Member, to acquire the required degree of help in Hong Kong, if the BN(O) Standing Holder or the companion of the BN(O) Standing Holder or the BN(O) Family Member or the companion of the BN(O) Family Member strikes to the UK, both as a result of the help:
(i) just isn’t accessible, and there’s no individual in Hong Kong who can fairly present it; or
(ii) just isn’t reasonably priced.
This brings the eligibility standards for grownup dependent family members broadly consistent with the criteria applied to family members of British and settled individuals.
One fascinating rule is that after being admitted as a dependant, on any subsequent software, dependants will routinely be deemed to fulfill the connection requirement. This seems to permit dependants to maneuver out of the family as soon as within the UK however hold their visa. Distinction this to how prolonged members of the family looking for everlasting residence have been treated below the EEA Rules and you will note a refreshingly wise rule for BNO members of the family.
BN(O) Family Member route – important candidates
Considerably confusingly, along with the three dependant sub-routes described above, there’s an extra important route referred to as the BN(O) Family Member route. That is particularly for youngsters of BN(O) Standing Holders over the age of 18 and born on or after 1 July 1997.
It isn’t attainable to change from the “BN(O) Adult Dependant Relative on the BN(O) Status Holder route” to the BN(O) Family Member route.
A BN(O) Family Member should, clearly, be the family member of a BNO. In the event that they usually reside collectively, they are going to be deemed to type a part of the identical family.
BN(O) Family Member route – members of the family
Those that meet the BN(O) Family Member standards are permitted in flip to carry their very own dependent companions, spouses and youngsters. However solely youngsters below 18 are permitted on this route, and no grandchildren allowed.
Strange residence in Hong Kong
An applicant for entry clearance have to be “ordinarily resident in Hong Kong”. Candidates contained in the UK looking for permission to remain may be ordinarily resident within the UK, Isle of Man, Channel Islands or Hong Kong.
However what does “ordinarily resident” imply? The guidance defines the “features” of unusual residence. Strange residence is an everyday, recurring mode of life in a specific place and its continuity persists regardless of momentary absences. Strange residence could also be of lengthy or quick period, have to be lawful, should have been adopted voluntarily, and have to be for a settled objective.
The steerage briefly confirms that intervals of absence don’t essentially imply that an individual’s unusual residence has ceased. For instance, a scholar finding out overseas or a businessperson working away would normally be capable of meet the requirement in the event that they have been ordinarily resident in Hong Kong previous to travelling.
The steerage additionally units out a non-exhaustive checklist of paperwork that can be utilized to show unusual residence in Hong Kong:
- a Hong Kong identification card
- a Hong Kong everlasting ID card
- itemised financial institution statements
- a letter from an employer confirming their employment in Hong Kong
- a visa or residence allow or different immigration paperwork exhibiting residence in Hong Kong
- an academic report, for instance a college report
- tax data
- data of hire or mortgage funds
- payslips
- family or utility payments
- legitimate TB certificates
- passport stamps that present an applicant travelling from and returning to Hong Kong for journey abroad
The House Workplace nationality policy guidance on assessing unusual residence is linked within the steerage and affords extra detailed info for complicated instances.
The main case on this space is R v Barnet LBC ex parte Shah [1983] 1 All ER 226. The Home of Lords discovered that the idea of unusual residence implied:
• unusual residence is established if there’s a common recurring mode of life in a specific place in the meanwhile, whether or not of quick or lengthy period, the continuity of which has continued other than momentary or occasional absences, residence have to be each:
• an individual may be ordinarily resident in a couple of nation on the similar time, distinguishing it from domiciled
• unusual residence is confirmed extra by goal proof than proof of a person’s mind-set at a cut-off date
Though Shah was involved with the which means of unusual residence as used within the Training Acts, the choice is broadly recognised as having wider software and have to be adopted when contemplating functions for nationality.
The second level is essential for any BNOs dwelling exterior of Hong Kong who’re involved about eligibility.
Monetary requirement
There’s a primary monetary requirement, however it’s nowhere close to as stringent as, say, the UK’s regular family migration rules. There may be for instance no minimal wage or minimal earnings requirement.
If the applicant is making use of for entry clearance or permission to remain and has been within the UK for lower than 12 months on the date of software, or the place the applicant’s final grant of permission was for 12 months depart exterior the principles following an unsuccessful software for the BNO route, they must show that they will adequately keep and accommodate themselves within the UK with out recourse to public funds for a minimum of six months.
The interpretation part of the principles accommodates the next definition:
“Adequate” and “adequately” in relation to a upkeep and lodging requirement signifies that, after earnings tax, nationwide insurance coverage contributions and housing prices have been deducted, there have to be accessible to the individual or household the extent of earnings or funds that might be accessible to them if the individual or household was in receipt of earnings help.
Appendix Finance accommodates the desired proof required to show funds. Credible guarantees of future third get together help are permitted.
If the applicant has lived within the UK for a minimum of 12 months on the date of software, they’ll routinely meet the monetary requirement with out the necessity for additional proof, except the applicant’s earlier grant of permission was for 12 months depart exterior the principles following an unsuccessful software for the BNO route.
English language
There shall be no English language requirement for the preliminary visa, however after dwelling within the UK for 5 years, candidates for indefinite depart to stay must present English language capacity to degree B1 as laid out in Appendix English Language. Candidates aged 18-65 must move a Life within the UK take a look at as laid out in Appendix KOL UK.
Tuberculosis testing
Candidates from Hong Kong might want to provide a tuberculosis take a look at certificates with their preliminary functions. Additional particulars on tuberculosis testing in Hong Kong are printed on the government website.
Candidates from contained in the UK should still want a tuberculosis take a look at certificates if their final grant was for lower than six months they usually have been current in a rustic listed in Appendix T for greater than six months instantly prior. There’s a particular webpage for UK tuberculosis testing for Hong Kong BNOs.
Suitability
Candidates should not fall for refusal below the overall grounds for refusal, which embody provisions referring to criminality and deception. This can be a normal requirement for all visa routes. Colin and Nath have piece on this here.
Candidates who’re making use of from throughout the UK should not be in breach of the immigration legal guidelines (besides the place paragraph 39E applies) or on immigration bail. Nonetheless, if the applicant is on immigration bail solely as a result of they’ve claimed asylum within the UK then they can still apply.
Circumstances and entitlements
Visa period
Candidates may have the choice of making use of initially for both a 2.5-year visa or a five-year visa. Dependants might want to search permission consistent with the principle BN(O) Standing Holder applicant. Nonetheless, if a dependent companion or an grownup dependent relative is making use of to hitch a important applicant at a later date, they need to apply for depart consistent with the principle applicant however they will then be granted the complete size of permission ending on a later date than the principle applicant.
Dependent youngsters are granted permission consistent with the top date of their mother and father. Nonetheless, if the mother and father have permissions with totally different finish dates, the kid shall be granted consistent with the mum or dad who has the most recent finish date.
The two.5-year visa will should be renewed for an extra 2.5 years to be able to attain a complete of 5 years’ residence within the UK. Selecting both the two.5 or 5 yr visa comes right down to particular person desire: the two.5-year providing shall be cheaper and can crucially solely require 2.5 years’ price of up-front immigration health surcharge fee. At £1,035 per yr, per individual (£776 for youngsters), the up-front price is a major consideration, particularly for giant households.
The apparent draw back to the shorter visa is the necessity to renew on the 2.5-year mark. Guidelines can change and costs can improve, as we noticed in February when the immigration well being surcharge elevated by 66%. Individuals generally overlook to resume, and that forgetfulness can have catastrophic consequences. Fixing in for a 5 yr interval affords better certainty at better monetary price. If it’s reasonably priced, I believe it’s typically wise to take the 5 yr visa.
Settlement
One of many actual surprises on this algorithm is the beneficiant paragraph 62.1:
The applicant should have spent a steady interval of 5 years with permission on a route in these guidelines below which an individual can settle, of which the newest grant of permission should have been on the Hong Kong BN(O) route.
Sure, you learn that accurately. Candidates within the UK who’ve switched to a BNO route from one other route resulting in settlement (for instance a talented employee visa) can mix the years spent below their earlier route in order that, after a cumulative complete of 5 years, they could settle completely. Because of this, for instance, somebody three years into a piece visa who then switches to a BNO route solely wants to finish two extra years of residence within the UK earlier than changing into eligible for settlement.
Settlement candidates should meet the standard steady residence necessities, laid out in Appendix Steady Residence. They have to not have been absent from the UK for greater than 180 days in any rolling 12-month period.
Work and research
Visa holders shall be permitted to work in employment or self-employment, topic to the standard prohibition on employment as an expert sportsperson or sports activities coach. Examine is permitted, once more topic to the standard rule relating to topics requiring approval below the Educational Expertise Approval Scheme outlined in Appendix ATAS.
Entry to public funds
Like nearly all of different visa holders, BNOs are granted depart with no recourse to public funds. Because of this regardless of their earnings being taxed in the identical means as every other UK resident, they are going to be prohibited from accessing monetary help from the state. A full checklist of prohibited advantages is obtainable here.
Crucially, entry to the Nationwide Well being Service is permitted, and youngsters may be enrolled in state colleges – neither of those are prohibited public funds.
BNOs can apply to realize entry to public funds the place they will present that they’re destitute or at imminent danger of falling into destitution. Applications to remove the ‘no recourse to public funds’ condition may be complicated and, for BNOs specifically, making a profitable software shall be important in the event that they anticipate being unable to afford the charges for his or her extension software. Extra on this within the payment waiver part under.
Software course of and price
Most important candidates with a chipped BNO or Hong Kong Particular Administrative Area passport can apply utilizing the UK Immigration: ID Examine app. EEA nationwide dependants may even be eligible to use utilizing the ID Examine app. Alternatively, they, and others who don’t maintain acceptable chipped passports, can merely apply on-line through the desired type.
All candidates must present biometrics. Purposes may be submitted from anyplace on this planet, topic to earlier feedback on unusual residence.
Profitable candidates are issued with a biometric residence allow, though all biometric residence permits are as a consequence of expire on 31 December 2024 after which they are going to be changed by eVisas. Unsuccessful candidates may have a proper to an inner administrative evaluation.
Software charges for the BNO routes are low-cost in comparison with all other UK visa routes. It prices a mere £180 for a 2.5-year visa and £250 for a 5 yr visa. Discount.
However that’s simply the appliance payment. As we’ve talked about, there’s additionally the immigration well being surcharge which is now so costly as to undermine the truth that the appliance charges are so low-cost. The whole up-front price for adults is:
- £2,767.50 for two.5 years
- £5,425 for five years
Or for youngsters
- £2,120 for two.5 years
- £4,130 for five years
The House Workplace have introduced a fee waiver process for these making use of to increase their BNO permission, however its helpfulness is proscribed by the inclusion of some uncommon further necessities. An affordability take a look at applies, as with most different payment waiver routes.
Nonetheless, not like different payment waivers, the affordability take a look at will solely be carried out if the applicant has already had the ‘no recourse to public funds’ situation lifted from their visa AND is in receipt of public funds. These further necessities make the appliance far more tough than different payment waivers and can inevitably forestall individuals who can’t afford the charges from with the ability to entry the help they want.
This text was initially printed in July 2020. It has been up to date by Rachel Whickman in order that it’s right as of the brand new date of publication proven above.
