The Hong Kong BN(O) Visa is an immigration route for Hong Kong British National (Overseas) citizens and their close family members (including non-BN(O)s) to live, work and study in the UK.
The BN(O) Status Holder route is for an adult BN(O) who is ordinarily resident in Hong Kong or the UK. The route opened on 31 January 2021.
Requirements for a Hong Kong BN(O) Visa
To be eligible for a Hong Kong BN(O) Visa:
The main applicant must be a British National (Overseas);
Residency: If applying from outside the UK, the main applicant and any family members applying at the same time must normally live in Hong Kong. If applying to switch into the Hong Kong BN(O) Visa route from within the UK, the main applicant and any family members applying at the same time must normally live in Hong Kong, the UK, Jersey, Guernsey, or the Isle of Man.
Unless the main applicant has been living in the UK with valid leave for 12 months or more, the main applicant and dependents must be able to demonstrate their ability to accommodate and support themselves in the UK for at least six months;
The main applicant and dependents must have no serious criminal convictions, no behaviour not conducive to the public good, and not be subject to other general grounds for refusal;
The main applicant and dependents must be committed to learning English in the UK;
The main applicant and dependents must each have a valid TB Certificate from an approved clinic, where necessary.
The exact requirements you will need to satisfy will vary depending on your circumstances.
BN(O) Status Holder Requirement
You must be a British National (Overseas) under the Hong Kong (British Nationality) Order 1986, this can be proved:
By A valid BN(O) passport and where that is not possible due to non-renewal of passport, it is possible to submit an expired BN(O) passport with an application. The UK Visa & Immigration recommendation is: “valid or expired BN(O) passports should be kept and submitted with an application as evidence of BN(O) status”.
If BN(O) passport has been lost, “eligibility checks can be made using historical records held by Her Majesty’s Passport Office”.
It is also possible to apply for a Hong Kong BN(O) Visa using a Hong Kong Special Administrative Region passport. Please note, if you do not hold a valid BN(O) passport and your Hong Kong BN(O) Visa application is approved, you will still be able to travel on a valid Hong Kong Special Administrative Region Passport.
Hong Kong BN(O) Visa Residence Requirement
If you are applying from outside the UK, you must be ordinarily resident in Hong Kong at the date of application.
If you are applying from inside the UK, you must be ordinarily resident in the UK, the Guernsey, Jersey, the Isle of Man or Hong Kong on the date of application.
To determine where a person is ordinarily resident, the UK Visa & Immigration 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 voluntary and adopted for a settled purpose.
Maintenance & Accommodation Requirement
If you are applying for permission to stay as a Hong Kong BN(O) and have been living in the UK for 12 months or more on the date of application, you will automatically meet the financial requirement. You do not need to provide further evidence.
If you are applying for Entry Clearance as a Hong Kong BN(O) or have been living in the UK for less than 12 months on the date of application, you must show you can adequately maintain and accommodate yourself without recourse to public funds for at least 6 months.
TB Certificate Requirement
If you have been resident in Hong Kong for the 6 months before you apply, you will need a valid medical certificate confirming you have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in you.
If you are in the UK, and your last grant of permission was for less than 6 months and you were present in a country listed in Appendix T of these rules for more than six months immediately prior to their last grant of permission you must provide a valid TB Certificate.
A valid medical certificate is a certificate from an approved centre issued within the 6 months immediately before the date of application. There are approved clinics in the UK, listed here. The list of accepted clinics in Hong Kong can be found here.
A TB Certificate is not required, if you provided one as part of a successful application for entry clearance in the 12 months before the date of application.
Hong Kong BN(O) Visa Decision & Conditions
Upon a successful application, you can be granted either 30 months or 5 years under the Hong Kong BN(O) visa route, depending on the length for which you have applied.
You will not be able to access public funds. However, you can undertake work (including self-employment and voluntary work). You can also study but may require an ATAS Certificate depending on your course of study.
Dependants of Hong Kong BN(O)s
Dependents do not need to have BN(O) status to apply for this visa. However, to be eligible for this visa, their application must be submitted together with the main applicants, as family members are not able to apply for a Dependent Visa to join a main applicant at a later date.
Settlement and British citizenship in the UK under the Hong Kong BN(O) Visa route
To be eligible for settlement, Hong Kong BN(O) 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. Absences from the UK of up to 180 days in any 12-month period are acceptable.
After being settled for a year, BN(O)s can apply to register as British under section 4 of the British Nationality Act 1981, and adult dependents can naturalise as British citizens.
How Noush & Co. can help Hong Kong BN(O) Visa applicants
The Immigration Rules contain strict requirements in terms of the documents which must be provided in support of a Hong Kong BN(O) visa application. It can be helpful to get advice from an immigration expert to ensure your application is professionally presented and technically correct.
We will work closely with BN(O) citizens and their families to guide them through the complex UK Visa & Immigration Rules and policies.
To discuss your Hong Kong BN(O) Visa application with one of our immigration experts, contact us on + 44 (0) 1483 419102 or complete our enquiry form below.