Hong Kong BNO Visa

If you have British National Overseas status and are living in Hong Kong, then you may be eligible to apply for the Hong Kong BNO Visa which will enable you to live, work and study in the UK.

What is the Hong Kong BNO Visa?

The Hong Kong British National (Overseas) visa allows British National Overseas citizens in Hong Kong to live, work and study in the UK. Applicants will be able to either apply for a BNO visa which lasts for 2 years and 6 months or a BNO visa which lasts for 5 years.

After 5 years of continuous and lawful residence in the UK, BNO visa holders will be eligible to apply for indefinite leave to remain. Once ILR has been held for 12 months, an application for British citizenship may be made.

The Hong Kong BNO visa scheme is split into two pathways:

The BNO Status Holder Route
The BNO Household Member Route

BNO Status Holder Route

Below is a summary of the BNO Status Holder Route:

The main applicant must be a BNO citizen.
Applicants can bring their partners, unmarried partners, dependant children (aged under 18), and adults with a high degree of dependency.
Partners and dependant children under 18 can apply with the BNO Status holder, or they can apply to join them in the UK later.
Adult dependant relatives must apply at the same time as the BNO Status holder.
Visas will be granted to expire at the same time as the main applicant’s.

BNO Household Member Route

Below is a summary of the BNO Household Member Route:

This is for adult children of BNO Status holders born on or after 1 July 1997.
As of November 2022, individuals can apply even if the BNO Status holder parent is not applying.
Partners and dependants can apply at the same time.

Who is eligible for a Hong Kong BNO Visa?

To be eligible for a Hong Kong BNO visa, you must meet the following requirements:

You either have British National Overseas status or the eligible family member of a BNO status holder.
If you are applying from outside of the UK, you must ordinarily reside in Hong Kong.
If you are applying from inside the UK, you must ordinarily reside in Hong Kong, the UK, or a Crown Dependency.
You are able to adequately maintain and accommodate yourself (and any dependents) for 6 months.
You have a valid TB test certificate (if required).

What is the UK BNO status?

UK BNO status is a form of British nationality for individuals from Hong Kong. It has been created to allow individuals from Hong Kong to retain their British nationality.

Who is eligible for BNO status?

From 1987 to 1997, individuals who held British National (Overseas) status were able to register and apply for a BN(O) passport. This means that for 10 years leading up to the handover of Hong Kong to China on July 1st, 1997, individuals could apply for this type of passport if they met the eligibility criteria for BN(O) status.

During the handover of Hong Kong from British to Chinese rule, some children who were under 18 years old and were eligible for British National (Overseas) status were included in their parents' BN(O) passports. This means that they were not issued individual BN(O) passports, but rather were listed as dependents in their parents' passports.

It is no longer possible to apply for British National (Overseas) status. The deadline for registration was initially July 1st, 1997, which was the date of the handover of Hong Kong to China. However, the deadline was extended until December 31st, 1997. If an individual did not register for BN(O) status and did not hold any other nationality on June 30th, 1997, then they automatically became British Overseas citizens on July 1st, 1997.

UK BNO status cannot be passed down to spouses and children.

How does BNO status last?

BNO status is valid for life.

Financial requirement

When applying for a BNO visa, there is not a set level of funds which you will be required to hold. However, you will be required to prove that you are able to adequately maintain and accommodate yourself (and any dependants) in the UK for 6 months without accessing public funds.

The Immigration Rules outline the ways in which the financial requirement can be met, however, as a rough guide you will need:

£2,000 for a single adult.
£3,100 for a couple with a child.
£4,600 for a couple with three children.
£9,600 for a couple with two parents and two adult children.

If you have already been living in the UK for at least 12 months, then you will not be required to meet this financial requirement.

TB test certificate requirement

If you fall within one of the following categories, then you will need to provide a valid TB test certificate as part of your application:

You have resided in one of the listed countries in the 6 months preceding your application.
You are currently in the UK and wish to switch to the Hong Kong BNO visa route, your permission to enter or remain in the UK is valid for six months or less and you have resided in a country listed in Appendix T to the Immigration Rules for more than six months immediately prior to your last grant.

If you are making an application from inside the UK and you provided a valid TB test certificate as part of a successful application in the last 12 months, then you will not be required to provide another TB test certificate as part of your UK BNO visa application.

Which family members are eligible?

If you are eligible to apply for a Hong Kong BNO visa, then the following family members may be eligible to apply as your ‘dependants’:

Your spouse or civil partner.
Your unmarried partner (providing that you have been cohabiting as part of a relationship for at least 2 years).
Your child or grandchild (if they are under 18 years old).
Your partner’s child (if they are under 18 years old).
Your parent, grandparent, sibling, or child (aged over 18 years old) if they live with you and are highly dependent on you for care.
Your child (and their partner) aged over 18 years old if they were born on/after 1st July 1997.

Supporting documents

When applying for a UK BNO visa you will be required to provide the following documents:

A valid passport or travel document which confirms your nationality and identity.
Evidence that your permanent home is either in Hong Kong, the UK, the Channel Islands, or the Isle of Man.
Evidence that you have enough money to support yourself and your family.
Evidence of your relationship with any relatives applying with you.
A valid TB test certificate.

Proof of your permanent home address

You will also be required to provide up to 3 documents which prove your permanent address. These documents can include:

Household / utility bills.
A form of immigration document (visa, residence permit etc.).
Payslips or your most recent P60.
Bank statements.
A letter from your employer which confirms your employment.
Records of rent or mortgage payments.
Relatives who are aged over 18 years old and applying at the same time as you, will need to provide evidence that their permanent address is the same as yours.

Proof that you can financially support yourself

You will need to prove that you can financially support yourself and your relatives for 6 months. Evidence can include:

Bank or savings account statements.
Payslips.
Proof of income from self-employment.
Proof of income from rental property.
A letter and evidence from friends / family which show that they can financially support you.
A letter from friends / family which confirms an offer of accommodation.
A tenancy or mortgage agreement.

At least one of these pieces of evidence must be dated within the last 31 days.

Proof of your relationship with family members

If relatives are applying with you, then you will need to provide evidence of your relationship with them. This evidence could include:

A copy of a marriage or civil partnership certificate.
A birth certificate or adoption certificate (for children).
Their permanent home address is the same as yours.

How to apply for a Hong Kong BNO visa

To apply for a UK BNO visa, you must make an online application. There are two different online applications depending on whether you are making an application from inside or outside the UK.

As part of the application process, you will be required to provide evidence that you meet the eligibility requirements and you will be required to prove your identity. To prove your identity you will either need to use the UK Immigration: ID Check app or attend a biometrics appointment at a visa application centre. You will be informed of the method which you will need to follow at the time of application.

Conditions of stay

If you are granted entry clearance or permission to stay with a UK BNO visa, you will be required to comply with the following conditions of stay:

Unless exempt you will not be able to access public funds.
You can take on any kind of employment or self-employment, paid or unpaid and you will not require sponsorship. However, you cannot be employed as a professional sportsperson or sports coach.
You are allowed to study in the UK.
You can access primary and secondary healthcare within the NHS.

How much does a UK BNO Visa cost?

A UK BNO visa costs £180 if you are applying for 2 years and 6 months. However, a BNO visa costs £250 if you are applying for 5 years.

When you are applying for a BNO visa you (and any dependants) will be required to pay the immigration health surcharge.

If you are 18 years old or above, the immigration health surcharge will cost:

£1,530 if you are applying to stay for 2 years and 6 months.
£3,120 if you are applying to stay for 5 years.

If you are under 18 years old, the immigration health surcharge will cost:

£1,175 if you are applying to stay for 2 years and 6 months.
£2,350 if you are applying to stay for 5 years.

How long does a Hong Kong BNO visa take to process?

Once you have proved your identity by either using the UK Immigration ID Check app or by attending a visa application centre, you should usually receive a decision within 24 weeks. For information on changes on immigration processing times please check the official guidance.

How long can I stay in the UK with a Hong Kong BNO visa?

With a BNO visa, you will be able to stay in the UK for either 2 years and 6 months or 5 years.

With this visa Hong Kong BNOs are permitted to stay in the UK for up to 5 years, with the expectation of gaining indefinite leave to remain.

Can I extend my Hong Kong BNO visa?

Yes, the Hong Kong BNO visa can be extended.

If you were granted 30 months leave in the UK then you can apply to extend your visa to receive 5 years leave. Once you have continuously and lawfully resided in the UK for 5 years, you may be eligible to apply for indefinite leave to remain. After holding ILR for at least 12 months you may be eligible to apply for British citizenship.

Indefinite leave to remain and the Hong Kong BNO Visa

Once you have spent 5 continuous years in the UK, you may be eligible to apply for indefinite leave to remain. Indefinite leave is a form of permanent settlement in the UK which allows you to live, work and study in the UK for as long as you like and you may also be eligible to apply to access public funds. After holding ILR for at least 12 months, you can apply for British citizenship.

If you hold a Hong Kong British National Overseas Visa, your children who are under 18 years old and your adult-dependent relatives can apply to settle in the UK if they are dependent on your visa. On the other hand, your partner and children who are 18 years old and above can either make their own application to settle in the UK or apply to settle with you. Unlike children and adult dependent relatives, they do not need to apply at the same time as you nor do they need to provide evidence of their relationship with you.

Time spent in the UK

To meet the 5 years continuous residence requirement, time spent in the UK on other eligible visas can be counted providing that your most recent visa was a BNO visa. Time spent in the UK on the following visas can be counted:

Entrepreneur visa
Family visa
Global Talent visa (or a Tier 1 Exceptional Talent visa)
Investor visa
Minister of Religion visa
Representative of an Overseas Business visa
Skilled Worker visa (or a Tier 2 General work visa)
Sportsperson visa
UK Ancestry visa

As part of the continuous residence requirement, it is important that you have spent no more than 180 days outside of the UK in any 12-month period.

Knowledge of language and life in the UK

If you are looking to make the transition from the BNO visa to indefinite leave to remain and you are between 18 and 64, then you will likely need to prove your knowledge of language and life in the UK. This means that you:

Will need to take and pass the Life in the UK Test.
Speak and listen to English at level B1 on the CEFR scale. This can be met by either having an approved academic qualification or by passing an approved English language test.

How much does indefinite leave to remain cost?

An application for indefinite leave to remain costs £2,885 (per applicant).

Indefinite leave to remain processing time

Once you have submitted your application and provided your biometric information you will usually get a decision on your ILR application within 6 months. However, please bear in mind that processing times are impacted by a range of factors including complexity, capacity and time of the year.

Whilst you are waiting for a decision on your indefinite leave to remain application, you cannot travel outside of the UK, Ireland, the Channel Islands or the Isle of Man. Failure to adhere to this will result in your application being withdrawn.

What happens if my indefinite leave to remain application is unsuccessful?

If your indefinite leave to remain application is unsuccessful then your BNO visa may be extended for 30 months.

How can Paragon Law help?

Whether you are looking to apply for a UK BNO visa, or if you are looking to apply for indefinite leave to remain after having a BNO visa our immigration lawyers can assist you. Get in touch with us today to speak to an expert immigration lawyer.

Enquire now about the Hong Kong BNO Visa

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