The British National (Overseas) citizens immigration route opened on 31 January 2021, providing a path to settlement in the UK. This route, outlined in Appendix Hong Kong British National (Overseas), introduces two distinct migration pathways: the BN(O) Status Holder route and the BN(O) Household Member route. Below, we detail the specifics of these routes, their eligibility criteria, and why you should trust our leading London law firm to expertly handle your application.
BN(O) Status Holder Route
The BN(O) Status Holder route is designated for British National (Overseas) citizens residing in Hong Kong or the UK. This route also accommodates their dependent partners and children. In exceptional cases, other family members with significant dependency may qualify.
Eligibility for Main Applicants
To qualify as a main applicant, one must be a BN(O) citizen under the Hong Kong (British Nationality) Order 1986, born before 1 July 1997 or after 31 December 1997.
Eligibility for Family Members
Dependent family members of BN(O) Status Holders are classified into three sub-routes:
- Dependent Partner: This sub-route is for spouses and unmarried partners who have been in a relationship akin to marriage or civil partnership for at least two years. They must satisfy the conditions laid out in Appendix Relationship with Partner.
- BN(O) Household Child: This includes minor children and grandchildren of BN(O) Status Holders or their partners. Grandchildren must apply simultaneously with their BN(O) Status Holder grandparent and reside in the same household on the application date.
- BN(O) Adult Dependent Relative: This sub-route is for parents, grandparents, siblings, or children over 18 of a BN(O) Status Holder or their dependent partner. Applicants must demonstrate a need for long-term personal care due to age, illness, or disability and an inability to receive adequate care in Hong Kong.
BN(O) Household Member Route
Main Applicants
The BN(O) Household Member route caters specifically to adult children of BN(O) Status Holders, born on or after 1 July 1997, who are part of the same household as the BN(O) citizen.
Family Members
BN(O) Household Members can include their own dependent partners and children, but only those under 18. Grandchildren are not permitted under this route.
Ordinary Residence in Hong Kong
Applicants for entry clearance must be “ordinarily resident in Hong Kong.” The definition includes a regular, lawful, and voluntary mode of life in Hong Kong for a settled purpose. Various documents, such as Hong Kong identity cards, employment letters, and bank statements, can prove ordinary residence.
Financial Requirements
The financial requirements for the BN(O) visa are relatively lenient. Applicants must show they can maintain and accommodate themselves in the UK without public funds for at least six months if they have been in the UK for less than 12 months. Credible third-party financial support is acceptable.
English Language and Tuberculosis Testing
There is no initial English language requirement. However, for indefinite leave to remain after five years, applicants must demonstrate English language proficiency (B1 level) and pass the Life in the UK test. Additionally, applicants must provide a tuberculosis test certificate with their initial application if applying from Hong Kong.
Why Choose Our Leading London Law Firm?
Navigating the intricacies of the BN(O) visa application can be daunting. Our London-based law firm specializes in immigration law, offering unrivaled expertise and comprehensive support throughout your application process. Here’s why you should instruct us:
- Expert Guidance: We provide detailed consultations to assess your eligibility and the best route for your circumstances.
- Comprehensive Support: From gathering necessary documents to preparing and submitting your application, we handle every aspect meticulously.
- High Success Rate: Our experienced immigration lawyers boast a high success rate, ensuring your application has the best chance of approval.
- Tailored Solutions: We understand that each client’s situation is unique. Our tailored approach ensures that your specific needs and circumstances are fully addressed.
Conclusion
The BN(O) visa routes offer significant opportunities for Hong Kong residents seeking to settle in the UK. By understanding the eligibility criteria and application requirements, and by partnering with our expert legal team, you can navigate this process with confidence and ease. Contact our leading London law firm today to start your BN(O) visa journey.