Changes to the Hong Kong BN(O) Visa for Adult Dependent Relatives
The BN(O) Adult Dependent Relative visa route is for the parent, grandparent, brother, sister, son or daughter of a BN(O) Status holder (or their partner or household member). As outlined in our previous blog post, the route previously allowed for Adult Dependent Relatives to apply with their Sponsor if they formed part of the household and were making the applications at the same time. This post set out the changes to these provisions, which have taken effect from 4 April 2024.
Former Requirements for a BN(O) Adult Dependent Relative Visa
It was previously a validity requirement that an applicant must be applying for entry clearance or permission to stay at the same time as the BN(O) Status holder (or their partner or household member). Any applicant who applied at a different time from their Sponsor on the BN(O) route could have their application invalidated and not considered, as set out in the former Paragraph HK45.4 of the Immigration Rules.
This requirement was reiterated in the relationship requirements in the former Paragraph HK48.2 which confirmed that the applicant must be making a valid application at the same time as their sponsor on the BN(O) route.
New Requirements for a BN(O) Adult Dependent Relative Visa
Paragraph HK45.4 of the Immigration Rules now states as follows:
“HK 45.4. The applicant must be the parent, grandparent, brother, sister, son or daughter of a person who is:
(a) a BN(O) status holder who has entry clearance or permission to stay under the BN(O) Status Holder route or who has made a valid application for such entry clearance or permission to stay; or;
(b) the dependent partner (“DP”) of a BN(O) Status Holder, where the DP has entry clearance or permission to stay under the BN(O) Status Holder route or has made a valid application for such entry clearance or permission to stay; or
(c) the child of a BN(O) status holder who has entry clearance or permission to stay under the BN(O) Household Member route or who has made a valid application for such entry clearance or permission to stay; or
(d) the dependent partner (“DP”) of a child of a BN(O) status holder, where the DP has entry clearance or permission under the BN(O) Household Member route or has made a valid application for such entry clearance or permission to stay; or
(e) both a British citizen and a BN(O) status holder.”.
There are therefore two main changes to this paragraph. Firstly, that the Sponsor may already have applied, or have permission as a BN(O) Status Holder, dependent partner or household member on the BN(O) route. ADR applicants are no longer required to apply at the same time as their Sponsor.
The second notable change is that the Sponsor may be both a British citizen and a BN(O) Status Holder.
Reason for the Changes to the Hong Kong BN(O) Visa for Adult Dependent Relatives
The reason for the changes to the BN(O) Adult Dependent Relative Visa route are set out in the Explanatory Memorandum to the Statement of Changes, which states:
“Changes are being made to the route that will:
[…]
Allow Adult Dependent Relatives on the BN(O) route to apply later to join the main applicant in the UK where there has been a change in their circumstances, and they can no longer live independently.
Ensure eligible family members of an individual who holds both BN(O) status and British citizenship can apply on the BN(O) route.”.”
However, there is no reference to ‘change of circumstances’ in the Immigration Rules, and therefore it is unclear as to how the Home Office will be assessing this when considering applications made under the new rules. The Home Office Guidance was updated on 10 April 2024, and also makes no reference to a change of circumstances, though it does indicate a preference for adult dependent relatives to apply with the main applicant:
“Under the BN(O) Status Holder route, our expectation is that BN(O) status holders and relevant family members will usually apply together, although they may choose to travel to the UK separately. See: Travelling to the UK separately. In practice, this means that the main applicant who is a BN(O) status holder should apply first and receive their Unique Applicant Number (UAN) or Global Web Form (GWF) reference. Any dependants applying should quote this UAN or GWF in their applications.
[…]
Who can apply at a later date from the main applicant?
Dependent partners, dependent children aged under 18 and Adult Dependent Relatives are not required to apply at the same time as the main applicant and can instead apply to join them at a later date. When applying as a dependent partner, child or Adult Dependent Relative for the first time, the main applicant must have either made a valid application for entry clearance or permission to stay that has not been decided, have entry clearance or permission as a BN(O) status holder or as the partner of a BN(O) status holder or be a dual British Citizen and British National (Overseas).”
It is unclear whether a change of circumstances will be considered when the Home Office is assessing these applications.
Individuals Who Hold Both BN(O) Status and British Citizenship
British citizens can already Sponsor an adult dependent relative under Appendix Adult Dependent Relative. The substantive requirements of an ADR application on the BN(O) route are largely the same as those contained in Appendix Adult Dependent Relative. The main difference is in the dependency requirements, where Appendix BN(O) specifically considers whether care will be available to the applicant should the Sponsor move to the UK. Paragraph HK 49.2(c) states that the Applicant must:
(c) be unable, even with the practical and financial help of the BN(O) Status Holder or the partner of the BN(O) Status Holder or the BN(O) Household Member or the partner of the BN(O) Household Member, to obtain the required level of help in Hong Kong, if the BN(O) Status Holder or the partner of the BN(O) Status Holder or the BN(O) Household Member or the partner of the BN(O) Household Member moves to the UK, either because the help:
(i) is not available, and there is no person in Hong Kong who can reasonably provide it; or
(ii) is not affordable.
Unlike Appendix Adult Dependent Relative, which considers care available in the applicant’s entire country of residence without reference to the Sponsor specifically, the BN(O) route considers the specific consequences if the BN(O) Status Holder were to move to the UK.
Contact Our Immigration Barristers
For expert immigration advice on the Hong Kong BN(O) Visa route, please contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.
