HONG KONG BN(O) STATUS HOLDER VISA

The Hong Kong BN(O) Status Holder Visa is an immigration route for Hong Kong British National Overseas citizens to live, work and study in the UK. The wider Hong Kong BN(O) route also includes a separate BN(O) Adult Child route for eligible adult children of a BN(O) status holder, or of the partner of a BN(O) status holder, who are aged 18 or over and were born on or after 1 July 1979.

Applicants for a Hong Kong BN(O) Status Holder 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. This visa route can lead to settlement in the UK.

Hong Kong BN(O) Status Holder Visa holders may be accompanied or joined, where permitted, by a Dependent Partner and BN(O) Household Children, namely dependent children or grandchildren under 18 of the Hong Kong BN(O) Status Holder or their partner. In exceptional circumstances, other Adult Dependent Relatives with a high degree of dependency on the BN(O) or the BN(O)’s partner may also apply. Family members can be of any nationality.

1. Requirements for a Hong Kong BN(O) Status Holder Visa

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

• You are at least 18 years old;
• You are a British National Overseas under the Hong Kong British Nationality Order 1986;
• 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;
• You are able to accommodate and support yourself in the UK for at least six months;
• Your application does not fall for refusal under Part Suitability of the Immigration Rules;
• You have provided a valid TB certificate, if required.

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. BN(O) Status Holder Requirement

In order to qualify for a Hong Kong BN(O) Status Holder Visa you must be a British National Overseas under the Hong Kong British Nationality Order 1986.

A person who was a British Dependent Territories citizen by virtue wholly or partly of his having a connection with Hong Kong must have applied to be registered as a British National Overseas before 1 July 1997, save for limited provision for certain children born in the first six months of 1997 to be registered after that date. No person born after 30 June 1997 is a British National Overseas. Additionally, BN(O)s cannot pass that nationality by descent to their children.

BN(O) status would only be lost in limited circumstances. A person who registered before 1 July 1997, who ceased to be a British Dependent Territories citizen before that date for example by renouncing or being deprived of it, would automatically cease to be a British National Overseas, per section 43 of The Hong Kong British Nationality Order 1986. A person could also be deprived or could renounce their British National Overseas status, but should be aware if either of these happened.

It is possible to apply for a Hong Kong BN(O) Status Holder Visa using either a valid or expired BN(O) passport as evidence of your BN(O) status.

If your BN(O) passport has been lost, eligibility checks can be made using historical records held by HM Passport Office.

It is also possible to apply for a Hong Kong BN(O) Status Holder Visa using a valid Hong Kong Special Administrative Region passport or other valid passport or travel document to prove identity and nationality, while BN(O) status is evidenced separately or checked by the Home Office where needed. If you do not hold a valid BN(O) passport and your Hong Kong BN(O) Status Holder Visa application is approved, you will be able to travel on a valid passport or travel document, including a valid Hong Kong Special Administrative Region Passport.

3. Ordinary Residence Requirement for a Hong Kong BN(O) Status Holder Visa

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

If applying from outside the UK, you must be outside the UK and be ordinarily resident in Hong Kong at the date of application, although the application can be made from any country outside the UK if you remain ordinarily resident in Hong Kong.

If applying for permission to stay 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.

4. Evidence of Ordinary Residence: What the Home Office May Expect

The ordinary residence requirement is assessed by looking at the applicant’s real pattern of life, rather than by reference to any single document. The Home Office will consider where the applicant normally lives, works, studies, maintains accommodation and returns after temporary absences.

Evidence may include, depending on the place of residence relied on, a Hong Kong identity card, bank statements, employment or study letters, payslips, tax records, tenancy or mortgage documents, utility bills, immigration documents, educational records, medical appointment letters and travel history. The evidence should show the applicant’s position at the date of application.

Temporary absences for study, work, business, family visits or other short-term reasons should be explained, particularly where the applicant applies from outside Hong Kong or has spent time in more than one country. Passport stamps, travel records and a short explanation may assist, but should normally be supported by wider evidence of ordinary residence.

Where the residence evidence is incomplete, inconsistent or points to more than one country of residence, this should be addressed clearly in the application. An unexplained inconsistency may lead the Home Office to question whether the ordinary residence requirement is met.

5. Financial Requirement for a Hong Kong BN(O) Status Holder Visa

If applying for a Hong Kong BN(O) Status Holder Visa from outside the UK, you will need to satisfy the Home Office that you will be able to adequately maintain and accommodate yourself without recourse to public funds for at least 6 months.

If applying for permission to stay in this 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 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 on the date of application, unless your previous grant was 12 months’ leave outside the Rules following an unsuccessful application on the Hong Kong BN(O) route.

The Immigration Rules set out the ways in which the financial requirement may be met. Applicants may, if required, rely on credible offers of future third party financial support and/or accommodation.

Adequate maintenance is where the weekly net income or funds available “A”, less weekly accommodation costs “B”, would be equal to, or more than, the amount the family would be entitled to if they were in receipt of income support or equivalent “C”. In order to calculate whether the amount held in cash savings is sufficient, for Hong Kong BN(O) route applicants relying on a lump sum, the total cash-savings figure is divided by 26 to calculate the weekly amount available. The formula for calculating adequate maintenance is the same as with weekly income: A – B ≥ C. 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) Status Holder 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) Status Holder Visa 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 TB 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 entry clearance application in the last 12 months.

7. Documents and Evidence Checklist for a BN(O) Status Holder Application

A Hong Kong BN(O) Status Holder Visa application should be supported by documents that address each relevant requirement. Depending on the applicant’s circumstances, this may include:

• A valid passport or other travel document which establishes the applicant’s identity and nationality;
• Evidence of BN(O) status, such as a valid or expired BN(O) passport, or sufficient details for checks to be made against historical records held by HM Passport Office where the passport has been lost;
• Evidence of ordinary residence, such as a Hong Kong identity card, bank statements, employment or study evidence, tax records, rent or mortgage records, utility bills, immigration documents or travel records;
• Financial and accommodation evidence showing, where required, that the applicant can be adequately maintained and accommodated in the UK for at least 6 months without recourse to public funds;
• Evidence of any credible third party financial support or accommodation, where relied on;
• A valid tuberculosis test certificate, where the TB requirement applies.

Documents should be current, consistent with the information provided in the application form and sufficient to show the applicant’s position at the date of application. Where the applicant’s circumstances are not straightforward, or where the evidence is incomplete or inconsistent, legal advice should be sought before the application is submitted.

8. Common Reasons for BN(O) Visa Refusal or Delay

A Hong Kong BN(O) visa application may be refused or delayed where the evidence does not address the requirements of the Immigration Rules or where further checks are needed. 

Common issues include:

• Ordinary residence evidence which does not show a clear pattern of living in Hong Kong, the UK, Jersey, Guernsey or the Isle of Man, as applicable;
• Financial or accommodation evidence which is incomplete, out of date, unclear or does not show adequate maintenance and accommodation for the relevant family unit;
• Family members applying under the wrong part of the Hong Kong BN(O) route, for example where an adult child, grandchild or adult dependent relative has not been correctly identified;
• A missing, expired or incorrectly obtained tuberculosis test certificate, where a TB certificate is required;
• Suitability concerns, including criminality, previous immigration non-compliance, false representations or failure to disclose relevant information;
• Inconsistent information across application forms, passports, identity documents, residence evidence, financial evidence and family relationship documents.

Where there are gaps or inconsistencies in the evidence, these should be addressed clearly when the application is submitted. A short explanation may assist, but it will not remove the need to satisfy the relevant requirements of the Immigration Rules.

9. Duration of a Hong Kong BN(O) Status Holder Visa

If your Hong Kong BN(O) Status Holder Visa application is approved 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.

10. Choosing Between a 30-Month and 5-Year BN(O) Visa

Applicants can choose to apply for permission for either 30 months or 5 years. A 30-month application involves lower upfront application fees and Immigration Health Surcharge payments, but a further extension will normally be needed if the applicant is relying on time on the Hong Kong BN(O) route alone in order to reach 5 years for settlement.

At the date of drafting, the application fee is £206 per person for 30 months and £285 per person for 5 years. The Immigration Health Surcharge is also payable per applicant unless an exemption or waiver applies. For a 30-month grant, the healthcare surcharge is currently £2,587.50 for each adult and £1,940 for each child. For a 5-year grant, it is currently £5,175 for each adult and £3,880 for each child.

The 5-year option is more expensive at the outset, but may avoid the need for a further extension application and further Immigration Health Surcharge payment before settlement. The 30-month option may be more manageable where upfront cost is a concern, but applicants should plan for the cost, timing and evidence required for an extension.

Fee waiver or affordability arguments are only available where the Rules and guidance permit them. They should not be assumed to apply to every Hong Kong BN(O) application. In particular, the Home Office guidance refers to affordability waivers in the context of eligible 30-month extension applications where the applicant is receiving public funds and cannot afford the fee and/or Immigration Health Surcharge.

Applicants should consider the length of permission in the context of their wider settlement planning, including continuous residence, absences from the UK, family members’ applications and the date on which each applicant may become eligible to apply for settlement.

11. Conditions of a Hong Kong BN(O) Status Holder Visa

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

They will not generally be able to access public funds, although a change of conditions may be available in specified financial circumstances.

Study is permitted, 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.

12. Application Fee for a Hong Kong BN(O) Status Holder Visa

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

Applicants and their family members also need to pay the immigration health surcharge unless exempt or eligible for an affordability waiver on an eligible 30-month extension application in order to receive access to the National Health Service in the UK, and on a first application, or where the 12-month in-country exception does not apply, they also need to demonstrate that they can support themselves and their dependents financially for at least six months in the UK.

13. Settlement in the UK on the Hong Kong BN(O) Route

To apply for settlement, Hong Kong BN(O) Status Holder Visa holders must be able to demonstrate 5 continuous years of residence in the UK and their most recent permission must be on the Hong Kong BN(O) route.

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 the most recent permission held is on the Hong Kong BN(O) route; leave outside the Rules does not count.

Settlement Planning: Absences, Other Visa Routes and Timing

Applicants should keep a clear record of all absences from the UK during the qualifying period, including departure and return dates, destination countries and the reason for travel. This can assist when completing the settlement application and when checking whether the continuous residence requirement is met.

Absences from the UK of up to 180 days in any 12-month period are acceptable, subject to the detailed rules and permitted exceptions in Appendix Continuous Residence.

Time spent in the UK with permission on another route may count towards the 5-year qualifying period where that route is one under which a person can settle. Time spent on routes which do not lead to settlement will not normally count for this purpose. The applicant’s most recent grant of permission must have been on the Hong Kong BN(O) route.

Applicants should also check the timing of a settlement application carefully. Applying before the qualifying period has been completed, or before the Life in the UK and English language requirements have been met where required, may lead to delay, variation to a further permission application or refusal.

Settlement planning should also take account of any later British citizenship application. The residence and absence requirements for naturalisation are separate from the settlement requirements, and may be stricter, particularly in the final 12 months before applying for British citizenship.

What Happens if a Settlement Application Does Not Meet the Requirements?

If a Hong Kong BN(O) settlement application does not meet the requirements, the outcome will depend on the reason. An application which does not meet the validity requirements may be rejected as invalid and not considered. This is different from a refusal, where the application has been considered but the suitability or eligibility requirements are not met.

Where the settlement requirements are not met, but the Home Office considers that the applicant is likely to meet the requirements for further permission to stay on the Hong Kong BN(O) route, the settlement application may be varied to an application for permission to stay. No additional application fee is required for that permission application, but the settlement application fee will not normally be refunded.

If the application is varied to permission to stay, the applicant may be asked to pay the Immigration Health Surcharge before further permission is granted. If the requested Immigration Health Surcharge is not paid, the permission to stay application may be rejected as invalid.

If the applicant does not meet the requirements for either settlement or further permission to stay, the settlement application may be refused. Where a refusal decision is made, an Administrative Review may be available under Appendix Administrative Review. Applicants should assess their eligibility carefully before applying for settlement, particularly in relation to the qualifying period, continuous residence, absences, Knowledge of Life in the UK, English language and suitability requirements.

14. Hong Kong BN(O)s and British Citizenship

After being settled for a year, BN(O)s can apply to register as British under section 42 of the British Nationality Act 1981, and partners and adult relatives can usually apply to naturalise as British citizens after one year’s settlement.

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.

Applicants must also meet the other applicable nationality requirements, including good character, lawful residence and being free from immigration time restrictions as required.

15. Dependants on the Hong Kong BN(O) Status Holder Route

Hong Kong BN(O) Status Holder Visa holders may be joined by a Dependent Partner and BN(O) Household Children, dependent children and grandchildren under 18 of the Hong Kong BN(O) Status Holder or their partner. In exceptional circumstances, other Adult Dependent Relatives may also apply. Family members can be of any nationality.

Eligible adult children are dealt with under the separate BN(O) Adult Child route, and grandchildren of the BN(O) Status Holder or their partner must apply at the same time as the BN(O) Status Holder and form part of the same household.

16. Which Hong Kong BN(O) Route Should Family Members Use?

Family members should identify the correct part of the Hong Kong BN(O) route before applying. The Hong Kong BN(O) Status Holder Visa route is for the BN(O) citizen applicant. Their spouse, civil partner or unmarried partner may be able to apply as a Dependent Partner, while children or grandchildren under 18 of the BN(O) Status Holder or their partner may be able to apply as BN(O) Household Children, where the relevant requirements are met. Adult relatives may only apply as Adult Dependent Relatives in exceptional circumstances, where the dependency and care requirements are satisfied.

Adult children aged 18 or over are not dealt with as BN(O) Household Children. They may need to consider the separate BN(O) Adult Child route, which is for eligible adult children of a BN(O) Status Holder, or of the partner of a BN(O) Status Holder, who were born on or after 1 July 1979. Adult children and grandchildren require particular care because the timing of applications and any same household requirement may depend on the family relationship relied on, and on whether the applicant has previously held permission on the Hong Kong BN(O) route.

Families should not assume that every relative can apply under the same route, or that later applications will be available on the same basis as an initial family application. Where family members may not all qualify under the same route, legal advice should be taken before applications are submitted so that the correct route, timing and evidence are identified.

17. Practical Examples of BN(O) Status Holder and Family Applications

The following examples are illustrative only. Whether an application will succeed will depend on the Immigration Rules in force at the date of application and the evidence available in the individual case.

• A BN(O) Status Holder applying with a spouse or unmarried partner and a child under 18 may be able to include the partner as a Dependent Partner and the child as a BN(O) Household Child, provided each applicant meets the relevant relationship, ordinary residence, financial, suitability and any TB requirements.
• An applicant whose BN(O) passport has expired, or who has lost their BN(O) passport, may still be able to apply if BN(O) status can be evidenced or verified through Home Office checks. A valid Hong Kong Special Administrative Region passport or other valid travel document may be used for identity and travel, while BN(O) status is considered separately.
• An adult child of a BN(O) Status Holder, or of the partner of a BN(O) Status Holder, who is aged 18 or over and was born on or after 1 July 1979 may need to consider the BN(O) Adult Child route rather than applying as a dependent child. The correct route will depend on the family relationship relied on and the applicant’s previous immigration history.
• An elderly parent or grandparent with care needs may need to consider whether they can meet the Adult Dependent Relative requirements. These applications require careful evidence of the family relationship, the level of dependency and the practical care position.

Where family members apply at different times, the timing of applications should be checked before any application is submitted. Some family members may be able to apply later, but others, including some grandchildren, may need to apply at the same time as the BN(O) Status Holder and form part of the same household.

18. Frequently Asked Questions: Hong Kong BN(O) Status Holder Visa