British National (Overseas) Visa

The Government launched its new Hong Kong British National (Overseas) visa last Sunday, on 31 January 2021. The link to the Home Office page can be found here.

This is a new visa for people from Hong Kong with British National (Overseas) status. The five-year visa will enable BN(O)s and their dependent family members to live, work and study in the UK, and give them a route to permanent settlement and British Citizenship.

The Government has introduced this new immigration route in response to the passing of a new National Security law for Hong Kong. The UK government maintains that by introducing this visa it is delivering on its “moral commitment to the people of Hong Kong.” The government’s own impact assessment is that this migration will produce a net benefit to the UK economy of between £2.4 and £2.9 billion over 5 years.

Applications can now be made online and from 23rd February 2021 those eligible can apply online and use the “UK Immigration: ID check” smartphone app to scan their biometric passport instead of attending a visa application centre.

The requirements that need to be met are set out in Appendix Hong Kong British National (Overseas) and can be found here.

There are two broad application categories within the visa which are:

British National (Overseas) Status Holder route – this is for BNO(O)s and their dependent partners or minor children. Other adult family members with a high degree of dependency may also apply under this route.

British National (Overseas) Household Member route – for BN(O) citizens’ adult children (born on or after 01 July 1997) and the adult children’s dependent partner and minor children. All applicants must form part of the same household as the BN(O) citizen, ie normally live together, and be applying alongside the BN(O) family member.

The application can be made in-country or from outside the UK. An applicant for entry clearance must be ordinarily resident in Hong Kong and applicants inside the UK must be ordinarily resident in the UK, Isle of Man, Channel Islands or Hong Kong. An applicant for entry clearance or who has lived in the UK for less than 12 months at the time of application must show that they can adequately maintain and accommodate themselves and any dependants without recourse to public funds for at least six months.

There is also a requirement to provide a TB test certificate for applicants from Hong Kong and for certain applications made within the UK. Finally, all applicants will need to meet the requirements set out in Part 9 of the Immigration Rules by meeting the suitability requirements which relate to good character/criminality and immigration history.

An applicant can either apply for permission to enter or for permission to stay for a period of two years and six months, or for five years. Once in the UK, the visa can be extended and this is a visa which leads to settlement. If granted, the visa allows an applicant to work and study in the UK, but not claim public funds.

The visa application fee is £180 for a visa lasting two years and six months and £250 for a five-year visa.

Applicants will need to pay the Health Surcharge, which will be £1,560 for a two-year and six-month visa (for an adult) or £3,120 for a five-year visa. For a child (under the age of 18), it costs £1,175 for two years and six months, and £2,350 for five years.

Our Immigration teams in Edinburgh and Glasgow would be happy to advise on this new visa.