The Hong Kong BN(O) route allows status holders and a larger than average list of their family members to live, work and study in the UK.
Who can apply?
There are currently two routes under the Hong Kong BN(O) category namely, the BN(O) Status Holder Route and the BN(O) Household Member route.
The BN(O) status holder route is for BN(O) status holders, their partner/spouse, their dependent children, or grandchildren. This applies to those under the age of 18 and an adult relative with a high degree of dependency on the BN(O) status holder or the BN(O) status holder’s partner.
Unlike many other immigration categories, the BN(O) Household Member route allows the adult children of the BN(O) status holder to apply where they are part of the same household. The BN(O) Household Member’s spouse, partner and dependent children can also apply with the BN(O) Household Member on this route.
How can you apply?
All applications must be made using a specified application form. The type of form that must be used depends on the type of applicant. The general application form that is currently applicable to many types of applicants is named Hong Kong British National (Overseas) Visa.
The application must also be supported by the required documents and fees.
In terms of fees, an application can either be made for 30 months’ permission for which the fee is £180 per applicant or 5 years’ permission for which the fee is £250 per applicant.
What are the requirements?
There are some key requirements that must be met, and these are listed below.
a) An applicant must prove his/her identity and nationality by either providing a valid passport or valid travel document.
b) The applicant must prove his/her age as follows:
- The status holder must be over 18 at the date of application.
- A Household Child must be under the age of 18 at the date of application.
- A Household Member must have been born on or after 1 July 1997 and be aged over 18 at the date of application.
c) The applicant must meet the suitability requirements. For example, the applicant must not fall under grounds for refusal and cancellation and where applicable, the applicant must not be in breach of immigration laws except for permitted periods of overstaying.
d) The BN(O) status holder requirement is that the main applicant must be a BN(O) status holder. Evidence may include a valid or expired BN(O) passport, a subject access request from Her Majesty’s Passport Office and/or confirmation of registration as a BN(O) status holder using Home Office records
e) All applicants must meet the financial requirement. There is no specific level of funds applicants must hold but applicants wishing to enter the UK must be able to demonstrate that they can maintain and accommodate themselves and their dependents in the UK for 6 months, without access to public funds. An applicant can do this by providing recent evidence of the applicant’s own finances, credible offers of financial support and/or accommodation from a third party. This requirement does not apply if the applicant has already been living in the UK for 12 months and is seeking permission to stay.
f) An applicant seeking to enter the UK must provide evidence to prove that they are ordinary residents of Hong Kong. In brief, a place of ordinary residence is where a person lives lawfully, regularly, habitually, and voluntarily. Examples of evidence that can be provided for this include an official Hong Kong ID card, payslip, utility bill, tax records etc. A person seeking permission to stay in the UK must show that they are ordinary residents in the UK.
g) Certain applicants seeking to enter the UK must provide a valid TB certificate depending on the country in which they reside in 12 months prior to making the application.
h) Dependents or Household Members of the status holders must prove their relationship and high dependency where applicable. This can be done by providing a copy of a marriage or civil partnership certificate, birth or adoption certificate and showing that the permanent home address of the status holder and dependent is the same. The type of evidence to be provided for dependency depends on the nature of dependency. However, when assessing dependency, the Home Office is likely to consider factors such as access to care in Hong Kong, ability to perform everyday tasks, age, illness, support of the BN(O) status holder of the status holder’s partner/spouse.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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