The Hong Kong BN(O) Adult Child Visa is an immigration route for adult children aged 18 or over of a BN(O) Status Holder or, subject to additional requirements, of a BN(O) Status Holder’s partner, born on or after 1 July 1979, to live, work and study in the UK.

Applicants for a Hong Kong BN(O) Adult Child Visa may be ordinarily resident in Hong Kong if applying for entry clearance, or in the UK, Guernsey, Jersey, the Isle of Man or Hong Kong if applying for permission to stay from within the UK. The Hong Kong BN(O) Adult Child Visa route can lead to settlement in the UK.

Hong Kong BN(O) Adult Children can be joined by their Dependent Partner, Dependent Children under the age of 18 or Adult Dependent Relatives of the Hong Kong BN(O) Adult Child or their partner.

Under the current Immigration Rules, adult children born on or after 1 July 1979 of BN(O) Status Holders are not required to form part of the same household or apply at the same time as the BN(O) Status Holder. In other words, adult children can apply independently of their BN(O) Status Holder parents. Partners, dependent children, and adult dependent relatives of the adult child may also apply with them or later, where the Rules permit. Adult children of the partner of a BN(O) Status Holder are subject to different requirements and cannot apply independently on this basis in the same way; they must normally live with the BN(O) Status Holder and apply with the BN(O) Status Holder as the main applicant.

1. Requirements for a Hong Kong BN(O) Adult Child Visa

In order to qualify for a Hong Kong BN(O) Adult Child Visa you will need to satisfy UK Visas & Immigration that:

• You are the adult child aged 18 or over and born on or after 1 July 1979 of a person who is, or was before their death, a BN(O) Status Holder, or you are the adult child of the partner of a BN(O) Status Holder and meet the additional same-household and same-time application requirements;
• You are ordinarily resident in Hong Kong if applying to enter the UK, or the UK, Guernsey, Jersey, the Isle of Man or Hong Kong if applying for permission to stay;
• Your application does not fall for refusal under Part Suitability;
• You have provided a valid TB certificate, if required.

Under the current Immigration Rules, adult children born on or after 1 July 1979 of BN(O) Status Holders are not required to form part of the same household or apply at the same time as the BN(O) Status Holder. In other words, adult children may apply independently of their BN(O) Status Holder parents. This independent application position does not apply in the same way to an adult child of the partner of a BN(O) Status Holder, who must meet the specific requirements for that category.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

2. Same Household Requirement for a Hong Kong BN(O) Adult Child Visa

Adult children born on or after 1 July 1979 of BN(O) Status Holders are not required to form part of the same household or apply at the same time as the BN(O) Status Holder. In other words, adult children may apply independently of their BN(O) Status Holder parents.

However, an adult child of the partner of a BN(O) Status Holder must normally form part of the same household as the BN(O) Status Holder and must apply at the same time as the BN(O) Status Holder as the main applicant, unless they already have permission on the Hong Kong BN(O) route and are applying for further permission.

3. Adult Child of a BN(O) Status Holder vs Adult Child of a BN(O) Status Holder’s Partner

It is important to distinguish between an adult child of a BN(O) Status Holder and an adult child of the partner of a BN(O) Status Holder.

An adult child of a BN(O) Status Holder, aged 18 or over and born on or after 1 July 1979, may apply on the Hong Kong BN(O) Adult Child route independently of their BN(O) parent. The BN(O) Status Holder does not need to be applying at the same time, or to have already been granted permission on the Hong Kong BN(O) route.

By contrast, an adult child of the partner of a BN(O) Status Holder is subject to additional linked-application requirements. Unless they already have permission on the Hong Kong BN(O) route and are applying for further permission, they must normally form part of the same household as the BN(O) Status Holder and apply at the same time as the BN(O) Status Holder. The same-household requirement means that they normally live with the BN(O) Status Holder.

This distinction can be particularly important where family members are applying at different times, or where an adult child no longer lives with the BN(O) Status Holder. Applicants should check the current Immigration Rules and Home Office guidance before applying, as the precise requirements will depend on the basis of the application and the applicant’s family circumstances.

4. Residency Requirement for a Hong Kong BN(O) Adult Child Visa

Applications for a Hong Kong BN(O) Adult Child Visa can be made from outside or inside the UK.

If applying from outside the UK, you must normally live in Hong Kong at the date of application.

If applying to switch into the Hong Kong BN(O) Adult Child route from within the UK, you must normally live in Hong Kong, the UK, Jersey, Guernsey, or the Isle of Man on the date of application.

In determining where a person is ordinarily resident, the Home Office will consider if you have a regular habitual mode of life in a particular place for the time being, which has continued apart from temporary or occasional absences, and whether that residence is lawful, voluntary and adopted for a settled purpose. We can advise you on the evidence that can be provided to show this, depending on your particular circumstances.

5. Financial Requirement for a Hong Kong BN(O) Adult Child Visa

If applying for a Hong Kong BN(O) Adult Child Visa from outside the UK, you will need to satisfy the Home Office that you will be able to adequately maintain and accommodate yourself, or be adequately maintained by the person being granted permission on the BN(O) Status Holder route, without recourse to public funds for at least 6 months.

If applying to switch into the Hong Kong BN(O) Adult Child route from within the UK, you will also need to satisfy the Home Office that you will be able to adequately maintain and accommodate yourself, or be adequately maintained by the person being granted permission on the BN(O) Status Holder route, without recourse to public funds for at least 6 months. However, the financial requirement will be deemed to be met if you have already been living in the UK with permission for at least 12 months unless your last grant of permission was for 12 months’ leave outside the Rules following an unsuccessful Hong Kong BN(O) route application.

The Immigration Rules set out the ways in which the financial requirement may be met. A BN(O) Adult Child applicant or the person on the BN(O) Status Holder route may, if required, rely on credible promises of future third party support.

The Home Office guidance states that there is no set level of funds. The test for adequate maintenance is whether, after accommodation costs have been paid, the applicant has at least as much money as they would have if the family were receiving Income Support in the UK. Financial evidence must be provided in accordance with Appendix Finance and the most recent piece of evidence should be dated within 31 days before the date of application. We can assist you with the formula and advise you as to the specified financial evidence that must be submitted.

Adequate accommodation is accommodation that is not overcrowded and does not contravene public health regulations.

6. In-Country TB Test Requirement for a Hong Kong BN(O) Adult Child Visa

You will need to provide a valid TB test certificate if:

• you are in the UK and applying to switch into the Hong Kong BN(O) Adult Child route from within the UK; and
• you were last granted permission to enter or remain in the UK for a period of 6 months or less; and
• you were present in a country listed in Appendix Tuberculosis to the Immigration Rules for more than 6 months immediately before your last grant.

If the above apply then your TB test certificate must be from an approved test centre and issued within the last 6 months.

The in-country tuberculosis test requirement will be met if you provided an approved TB test certificate as part of a successful application in the last 12 months.

7. Duration of a Hong Kong BN(O) Adult Child Visa

If you are applying as the adult child of a BN(O) Status Holder, or you already have permission on the Hong Kong BN(O) route, you will be able to enter or remain in the UK for a period of either 30 months or 5 years, depending on the period of leave applied for.

If you do not already have permission on the Hong Kong BN(O) route and you are applying as the adult child of the partner of a BN(O) Status Holder, you will be granted permission which ends on the same date as the permission of the BN(O) Status Holder who is part of your household.

8. When Should a Hong Kong BN(O) Adult Child Apply?

The timing of a Hong Kong BN(O) Adult Child application will depend on whether the applicant is applying from Hong Kong or from within the UK. If applying from outside the UK, the applicant must normally be ordinarily resident in Hong Kong at the date of application. If applying from within the UK, the applicant must be in the UK and ordinarily resident in the UK, Guernsey, Jersey, the Isle of Man or Hong Kong.

Applicants should also consider whether to apply for 30 months’ permission or five years’ permission. A 30-month application may reduce the initial application fee and Immigration Health Surcharge, but a further application will usually be needed before settlement. A five-year application may be more suitable for applicants who intend to remain in the UK until they qualify for indefinite leave to remain, provided they can meet the relevant costs and requirements at the outset. The Immigration Rules provide for grants of either 30 months or five years where the applicant is applying as the child of a BN(O) Status Holder, or already has permission on the Hong Kong BN(O) route.

Applicants should plan the timing of their evidence carefully. Where the financial requirement applies, the applicant will need to show adequate maintenance and accommodation for at least six months, and financial evidence must be provided in accordance with Appendix Finance. The most recent piece of financial evidence should normally be dated within 31 days before the date of application. If a TB certificate is required, it must be valid at the date of application and issued by an approved test centre within the relevant validity period.

The timing of applications by family members should also be considered. Partners, dependent children and adult dependent relatives of an adult child of a BN(O) Status Holder may be able to apply at the same time as the adult child or later, where the Rules permit. However, an adult child of the partner of a BN(O) Status Holder, and certain family members applying on that basis, may need to apply at the same time as the BN(O) Status Holder and form part of the same household. Applying too early, too late, or without a family member who is required to make a linked application may therefore affect the outcome of the application.

The best time to apply will depend on the applicant’s residence position, family circumstances, intended period of stay, evidence, travel plans and settlement strategy. Applicants should check the current Immigration Rules and Home Office guidance before applying.

9. Conditions of a BN(O) Adult Child Visa

BN(O) Adult Child Visa holders have a right to work, including employment, self-employment and voluntary work, in almost any role, consistent with UK employment laws and subject to having the appropriate skills and qualifications, except employment as a professional sportsperson, including as a sports coach.

BN(O) Adult Child Visa holders may study subject to the ATAS condition where applicable. Dependent children are able to attend school if under 18, or education and training if aged 16 to 19. Hong Kong BN(O) route permission is generally granted subject to a condition of no access to public funds, although some applicants may apply to change that condition in cases of hardship.

10. Hong Kong BN(O) Adult Child Visa Application Fee

A 30-month Hong Kong BN(O) Adult Child Visa costs £206 per person, whilst a five-year Hong Kong BN(O) Adult Child Visa costs £285 per person, both considerably lower than many other visa routes to the UK.

BN(O) Adult Children also need to pay the immigration health surcharge in order to receive access to the National Health Service in the UK, and they also need to demonstrate that they can support themselves and their dependents financially for at least six months in the UK. The current immigration health surcharge is £2,587.50 for an adult applying for 30 months, £5,175 for an adult applying for five years, £1,940 for a child applying for 30 months and £3,880 for a child applying for five years.

11. Settlement in the UK under the Hong Kong BN(O) Adult Child Visa Route

To apply for settlement, Hong Kong BN(O) Adult Child Visa holders must be able to demonstrate 5 continuous years of residence in the UK.

If an applicant has spent time in the UK with a different type of leave under which a person can settle, this leave can be combined with time spent in the Hong Kong BN(O) category, provided that the applicant’s most recent grant of permission was on the Hong Kong BN(O) route.

Absences from the UK of up to 180 days in any 12-month period are acceptable.

To settle in the UK after 5 years, those aged 18 to 64 need to satisfy the Knowledge of Language and Life in the UK requirements.

12. Hong Kong BN(O) Adult Child Visa and British Citizenship

After being settled for a year, BN(O) Status Holders, including any BN(O) Adult Child who is also a British National Overseas, can usually apply to register as British citizens under section 42 of the British Nationality Act 1981 if they meet the requirements. Adult children and adult dependants who are not British Nationals Overseas would normally need to naturalise as British citizens, unless another registration entitlement applies.

There are stricter residency requirements of no more than 450 days outside the UK during the 5 years prior to the date of application, and no more than 90 days outside the UK in the 12 months prior to the application.

13. Planning for Settlement and British Citizenship

Hong Kong BN(O) Adult Child Visa holders who intend to settle in the UK should plan their absences carefully from the start of their time in the UK. For settlement on the Hong Kong BN(O) route, applicants will usually need to show 5 years’ continuous residence and must ensure that their absences do not exceed the permitted limits.

Applicants should also bear in mind that the residence requirements for British citizenship are different from the residence requirements for settlement. A person may meet the continuous residence requirement for indefinite leave to remain, but still need to consider whether their absences are within the stricter limits that apply to registration or naturalisation as a British citizen.

It is sensible to keep a clear record of all travel outside the UK, including departure and return dates, destinations and reasons for travel. This can assist both with a future settlement application and with any later application for British citizenship.

Applicants aged 18 to 64 will usually need to meet the Knowledge of Language and Life in the UK requirements when applying for settlement. These requirements should be considered in good time, particularly where an applicant may need to prepare for an English language test or the Life in the UK Test.

After settlement, a BN(O) Adult Child who is also a British National Overseas may be able to register as a British citizen under section 42 of the British Nationality Act 1981, if the requirements are met. Adult children who are not British Nationals Overseas would normally need to apply to naturalise as British citizens, unless another registration route applies. The correct route to British citizenship should always be checked against the current nationality law and Home Office guidance before an application is made.

14. Dependants of Hong Kong BN(O) Adult Children

Hong Kong BN(O) Adult Child Visa holders may be joined by a Dependent Partner and Dependent Children under 18 and, where the requirements are met, Adult Dependent Relatives of the Hong Kong BN(O) Adult Child or their partner. Where the applicant is the adult child of a BN(O) Status Holder’s partner, the ability of family members to apply is subject to the same-household and same-time application requirements in the Rules.

Dependants: Evidence, Timing and Practical Issues

A dependent partner of a Hong Kong BN(O) Adult Child will need to provide evidence of the relationship. This may include a marriage or civil partnership certificate, or evidence that an unmarried partner relationship is genuine and subsisting and has existed in a relationship similar to marriage or civil partnership for at least 2 years before the date of application.

A dependent child will usually need to provide evidence of their relationship to the Hong Kong BN(O) Adult Child or their partner, such as a full birth certificate, adoption certificate or relevant court order. Dependent children must be under 18 at the date of application and must meet the relevant care requirements. Where both parents are involved, care should be taken to ensure that the requirements relating to the immigration status or application of each parent are addressed.

An Adult Dependent Relative application will require particularly careful evidence. The applicant will need to show the relevant family relationship and a high level of dependency, usually supported by evidence of age, illness or disability, the need for long-term personal care and the availability or affordability of care in Hong Kong.

Dependants of an adult child of a BN(O) Status Holder will usually apply with the main applicant, although they may be able to apply later where the Immigration Rules permit. Dependants should normally quote the main applicant’s Unique Applicant Number or Global Web Form reference in their own applications. However, where the adult child is applying as the adult child of the partner of a BN(O) Status Holder, same-household and same-time application requirements may apply.

The length of permission granted to a dependant may depend on the type of dependant application and the main applicant’s grant of permission. In some cases, a dependant’s permission may be granted for the period applied for; in others, particularly for dependent children, permission may be aligned with the relevant parent’s grant. The current Immigration Rules and Home Office guidance should be checked before applying.

15. Common Reasons for Refusal of a Hong Kong BN(O) Adult Child Visa

A Hong Kong BN(O) Adult Child Visa application may be refused if the applicant does not provide sufficient evidence that they meet the relationship requirement. This may include inadequate evidence that the applicant is the adult child of a BN(O) Status Holder, or, where relevant, the adult child of the partner of a BN(O) Status Holder.

Applications may also be refused where the Home Office is not satisfied that the applicant meets the ordinary residence requirement. Applicants should ensure that their evidence clearly shows where they normally live at the date of application, whether applying from Hong Kong or from within the UK, Guernsey, Jersey or the Isle of Man.

Financial and accommodation evidence should also be prepared carefully. A refusal may arise where the Home Office is not satisfied that the applicant can be adequately maintained and accommodated for at least 6 months, where this requirement applies, or where the evidence submitted does not meet the requirements of Appendix Finance.

Where an applicant is applying as the adult child of the partner of a BN(O) Status Holder, particular care should be taken to meet any same-household and same-time application requirements. An application may be refused if the applicant applies independently when the Immigration Rules require a linked application with the BN(O) Status Holder.

An application may also be refused on suitability grounds, including where false representations are made or material facts are not disclosed. Applicants should ensure that all information provided is accurate, consistent and supported by evidence. A missing, expired or invalid TB certificate may also lead to refusal where the TB requirement applies. 

16. What Happens if a Hong Kong BN(O) Adult Child Visa Is Refused?

If a Hong Kong BN(O)) Adult Child Visa application is refused, the first step is to review the refusal letter carefully. The refusal letter should identify the reasons for refusal, the evidence considered by the Home Office and any available challenge process or deadline.

In some cases, an administrative review may be appropriate, particularly where it appears that the decision-maker made a caseworking error when considering the application. Administrative review is available for certain decisions made under Appendix Hong Kong British National Overseas, subject to the requirements of Appendix Administrative Review.

In other cases, a fresh application may be more suitable, for example where the refusal was caused by missing evidence, inadequate financial or accommodation evidence, or documents that did not properly address the relationship, residence or TB requirements. If the concern is that the Home Office acted unlawfully, or if there is no adequate alternative remedy, judicial review may need to be considered. Judicial review is a remedy of last resort and specialist advice should be sought before taking this step.

Applicants should act promptly after receiving a refusal decision. Missing a deadline may limit the available options. Legal advice may be particularly important where the refusal turns on disputed evidence, alleged false representations, a misunderstanding of the family relationship, or an apparent caseworker error.

17. Frequently Asked Questions: Hong Kong BN(O) Adult Child Visa