Requirements for The New Hong Kong BN(O) Visa

The UK government has announced a new visa for British Nationals (Overseas) in Hong Kong in response to security legislation from the Chinese government. Published in October, the new policy, which introduces two new migration routes, will take effect from January 2021, with special measures included for those arriving in the UK prior to this.

The ability to travel to the UK visa-free for six months has always been the right of BN(O) passport holders, but this bespoke new visa scheme paves the way for five-year visas and, ultimately, British citizenship.

The UK Home Secretary Priti Patel said in the announcement, “The UK has a strong historic relationship with the people of Hong Kong and we are keeping our promise to them to uphold their freedoms. BN(O) citizens will now have a choice to come and live, work and study in the UK, building a new life for them and their family. We look forward to welcoming BN(O) citizens to the UK.”

The move follows demonstrations in Hong Kong in response to the Chinese government’s new security law which bans “inciting hatred” of China’s government, enables invasive surveillance, and redefines a wide range of acts, such as damaging public transportation, as terrorism. Beijing has responded negatively to the visa scheme, claiming that the UK is “violating international law” and that BN(O) passport holders are “Chinese Nationals”.

Roughly 300,000 people hold a BN(O) passport, with nearly 3 million more eligible, according to the British Consulate in Hong Kong. Political upheavals in Hong Kong have driven a surge in BN(O) renewals in recent years.

But what are the essential facts to know for those considering applying under the new visa scheme?

What is a BN(O)?

Hong Kong was previously a British Colony but was handed back to China under a special agreement that was due to last until 2047. The agreement functioned as “one country, two systems” and enshrined certain rights such as freedom of speech, assembly and the press.

BNO status is a type of British nationality that was specifically created for people from Hong Kong as part of this agreement, signed in 1984. Though it is no longer possible to apply for BNO status, for the ten years prior to handover in 1997, it enabled applicants to keep a connection to the UK. Applicants could apply to register as a BNO and apply for a BNO passport. It is not necessary to hold a passport to apply under the new visa rules, but, even if it has expired, it will speed up the process.

As China has recently breached the Sino-British Joint Declaration through national security legislation, restricting the rights and freedoms of BN(O) citizens, the UK government have made changes to the entitlements which are attached to BN(O) status in this policy which is uniquely specific to them.

The BN(O) Status Holder Route

This migration route is for British National (Overseas) citizens who reside in Hong Kong or the UK. It can also be used for dependent partners, children of BNOs and, in exceptional circumstances, additional family members with a high degree of dependency may also apply. Unmarried partners are able to apply if they have been living with the BN(O) for at least two years and can show that their relationship is genuine and subsisting.

The BN(O) Household Member Route

For adult children born after 1 July 1997 to a British National (Overseas) citizen, this immigration route is available. However, they, and any dependents, must form part of the same household as the BN(O) citizen and must apply at the same time.

How to apply

From January 2021, applicants may apply through a new digital process similar to the EU Settlement Scheme. No in-person appointments will be necessary. At the time of the application, the applicant must ordinarily reside in Hong Kong, but they can apply from within the UK.

The standard visa will be granted for an initial period of two and a half years, though for a higher cost it is possible to apply for an initial five-year visa for the convenience of avoiding applying for extensions. After five years, applicants will be able to apply for Indefinite Leave to Remain, or “settlement”.

Once the digital visa is granted, applicants will be able to live in the UK and work on an employed or self-employed basis. They will also be able to study at any level, such as universities, colleges or vocational courses, and children will be entitled to enrol in school.

Once the Immigration Health Surcharge is paid (between £470 and £624 per year), applicants can also access the National Health Service. They will not be able to access other public funds such as housing benefit, universal credit or state pensions.

What are the additional requirements?

Applicants must be able to show that they have the financial ability to live in the UK for six months, though a precise financial threshold has not yet been clarified.

There is no English language requirement for the initial application, though applicants should demonstrate a commitment to learn. If applicants wish to apply for settled status after five years, they will need to meet a formal language requirement.

A tuberculosis certificate will be required.

A criminal record and character check will be required. Those with serious criminal convictions will not be granted a visa, although convictions connected to the recent demonstrations in Hong Kong will be discounted.

The cost of a two-year application will be £180, and £250 for a five-year visa.

The new visa scheme could be the pathway to a whole new life for many currently residing in Hong Kong. It is not yet known how many people will take the government up on this bespoke scheme, or whether it will be considered a symbolic gesture against the Chinese government.