As of 31^st January this year, British National (Overseas) (BNOs) citizens from Hong Kong and their family members will be able to apply for leave to enter or remain in the UK via a new route.

Who Qualifies as a BNO?

A BNO individual is someone who was previously a British Dependant Territories citizen with a connection to Hong Kong. They would have had to register for BNO status before July 1997, when Hong Kong was handed over to China. Alternatively, a person who did not register as a BNO and had no other nationality or citizenship on 30 June 1997 would have automatically become a BNO.

BNOs have the right to hold a British passport, but do not have the automatic right to live or work in the UK and are not considered a UK national by the EU.

 Only a limited number of people are classified as BNOs -t his status cannot be passed down to children. A vast majority of BNOs do not hold a British passport.

What is the Process?

BNO applicants can apply for a 2.5-year or a 5-year visa, and their family members need to apply for the same amount of leave. Holding a valid BNO passport is not necessary to make an application under the new scheme – though applicants will need a valid identity document to prove their status. The cost for a 2.5-year visa is £180, and £250 for a 5-year visa. Applicants will also have to pay an immigration health surcharge.

Valid applications can only be submitted online on Gov.uk – applications will not be accepted at the UK border. It may also be necessary to visit a visa application centre.

The benefit of choosing the 5-year route is that after 5 years of continuous residence, no further application for indefinite leave to remain will have to be made in the majority of cases, which could lead to citizenship one year later.

Who Counts as a Family Member?

The following family members of a BN(O) may be eligible to apply as a dependant or a family member:

• Spouse, civil partner or unmarried partner,
• Child (under the age of 18),
• Adult child born on or after 1 July 1997 (and their spouse, or child under the age of 18),
• Other family members (parent, grandparent, brother, sister, son or daughter) in exceptional circumstances where there is a high level of dependency.

There are different routes for various family members, which differ again from the route the BNO will be able to take. Each route may have different requirements, so it is essential to ensure that each of the applicants meets the various requirements.

Furthermore, aside from parents or grandparents of the BNO, all applicants must for part of the same household as the BNO citizen. This is quite a broad definition and means ‘normally living together’ – though it is not required that all applicants form the same household once they are in the UK.

What Are the Other Requirements?

Aside from those who have already lived in the UK for 12 months, applicants will have to demonstrate that, for the first six months of their time in the UK, they and their dependants will be able to maintain and accommodate themselves without access to public funds. Applicants will be able to rely on credible offers of third-party support to meet this requirement, as well as cash savings and other sources of income.

Applicants that live in Hong Kong will have to provide a TB test.

They will also have to demonstrate that they are ‘suitable’ – which may affect those with a criminal record, a poor immigration history or those who are otherwise deemed of ‘poor character’.

There is no English language requirement under the new routes, and successful applicants can work, study and use the NHS. Dependent children will be able to attend school.

Stella Maris Solicitors LLP are expert immigration lawyers based in Swindon. If you have any questions about this new route or would like to apply or appeal a visa from another route, do not hesitate to contact us. Telephone us on 01793 296118 or email mail@stellamarissolicitorsllp.co.uk.