Q&A: The BNO visa scheme, what we know so far
Key facts
The BNO visa scheme will start on 31 January 2021.
The pathway to citizenship under the BNO visa scheme will be five years’ limited leave to remain, one year’s indefinite leave to remain, and then eligibility to apply for full British citizenship.
English language requirements and Life in the UK test will be required for the settlement application. Other residency requirements will also need to be met.
Non-BNO adult dependants will be considered on a case-by-case discretionary basis.
Leave from other immigration routes which can lead to settlement can be aggregated with BNO visa leave to count towards the five years’ residence for eligibility for settlement.
On 14 June 2020, Hong Kong Watch published a briefing note on the initial announcements of the United Kingdom Government to create a BNO pathway to citizenship, with key questions which needed looking into. As the details of the policy have developed, some of those questions have been answered. Below are the questions from that briefing, with answers based on what we know to date.
General questions arising
QUESTION: The proposal to review BNO status inevitably excludes assisting some of those who were born after 1 July 1997. Does the United Kingdom Government have any proposals to assist Hong Kongers left out by simply reviewing BNO status?
The United Kingdom Government has included non-BNO adults who are dependants of BNO status holders to be considered as dependants to an application on a case-by-case discretionary basis.
QUESTION: Will the British Government seek the help of other international partners to ensure all Hong Kongers have a way-out if they need one?
The Government has said it will work with international partners, and other international partners also have given indications of their own immigration schemes to assist Hongkongers.
QUESTION: Under the new scheme proposed by the Government, which indicates there is a pathway to citizenship, will there be a dedicated route to Indefinite Leave to Remain (ILR)? If so, how many years is it proposed that BNO status holders and their dependants will have to be continuously resident in the United Kingdom before being eligible to apply for ILR?
Five years’ limited leave to remain before being eligible to apply for settlement (indefinite leave to remain), and then eligibility to apply for citizenship one year after obtaining settled status.
QUESTION: Currently, for example, if a BNO status holder is here as a student under Tier 4, there is no direct route to ILR, and the BNO status holder student would require one years’ continuous residence before one might be eligible for ILR. Will it be easier for students to remain here?
The Government has indicated that leave to remain under other immigration routes which could lead to settlement could count towards the five years eligibility for settlement under the BNO scheme. As a Tier 4 visa is not an immigration route which could lead to settlement, we believe that leave under Tier 4 would not count towards the five years’ residency eligibility for settlement under the BNO visa scheme, but are seeking clarity on this question.
QUESTION: The current ‘path to citizenship’ under section 4 of the British Nationality Act 1981 allows a BNO status holder to apply to be registered as a British citizen after five years’ continuous residence, with at least 12 months of which having ILR. Will the new proposals be more generous than this?
Eligibility for the BNO visa scheme is easier to meet than other immigration routes.
QUESTION: How might any changes to BNO status affect and / or be applied to BNO status holders who are already present in the United Kingdom either lawfully or having overstayed?
You can only apply to be part of the BNO visa scheme if you are ordinarily resident in Hong Kong. The usual sanctions for those who have breached immigration rules will apply.
Pre-departure
QUESTION: The suggestion is that BNO status holders will still maintain visa-free entry to the United Kingdom. The initial visa-free entry period will be extended from six to 12 months. Will there be any set financial and accommodation requirements, in light of the extended period of leave to be granted to BNO status holders?
This suggestion seems to have been replaced by the details of the BNO visa scheme, and also leave outside the Rules for BNO status holders and their dependants should they wish to come to the UK before 31 January 2021 to wait for the BNO visa scheme to go live.
The visa will be available in two forms, a one-off five-year visa, and a 2.5-year visa which will be renewable for another 2.5 years to make up the five-year residency period.
A five-year visa will cost £250, and a 2.5-year visa will cost £180.
The BNO visa will be subject to the immigration health surcharge, amounting to £624 per year. This means a five-year BNO visa will attract the immigration health surcharge of £3,120. The 2.5-year BNO visa will attract the immigration health surcharge of £1,560.
In answer to Lisa Nandy, MP, in Parliament on 2 June 2020, the Foreign Secretary mentioned “dependants would be considered”. What would be the definition of “dependants” for the purposes of the BNO review? Will it include adult dependants such as university students, or the elderly being looked after?
Dependants will be defined as spouses / partners and under-18 children, although the Government has indicated that they will also consider non-BNO adult dependants on a case-by-case discretionary basis.
If any “dependants” are not BNO status holders themselves, would they a) have to apply for a special kind of entry clearance visa; and b) be able to travel separately from the BNO status holder, for example travelling at a later date to join a BNO status holder who is already present in the United Kingdom?
An application for the BNO visa by a BNO status holder and their non-BNO dependants will need to be made together as a family unit.
If a non-BNO status holder dependant can join a BNO status holder sponsor after the sponsor’s arrival in the United Kingdom, would there be specific requirements in terms of finances and accommodation, or an application process for such a dependant?
An application for the BNO visa by a BNO status holder and their non-BNO dependants will need to be made together as a family unit.
Will BNO status holders and their dependants be subject to the NHS health surcharge for their initial 12-month visa-free period of leave to enter?
The Government has indicated that the BNO visa will be subject to the immigration health surcharge, amounting to £624 per year. This means a five-year BNO visa will attract the immigration health surcharge of £3,120. The 2.5-year BNO visa will attract the immigration health surcharge of £1,560.
Applying for work and / or study
Will BNO status holders and their dependants be required to make any additional applications after their arrival before they will be allowed to apply to work and / or study?
The right to work and / or study will be part of the BNO visa. Even Hong Kong BNO status holders and their dependants coming to the United Kingdom before the visa scheme goes live on 31 January 2021, and have been granted leave outside the Rules to wait for this date, are allowed to work and / or study.
Will BNO status holders and their dependants be able to apply to work freely, or will they be subject to restrictions such as shortage of occupation professions, minimum salary requirements, or any other restrictions on the work for which they can apply?
The Government has indicated that BNO status holders and their dependants will be able to work “in almost any capacity”.
Will BNO status holders and their dependants be subject to international student fees, or home student fees for higher education?
There is currently no answer in relation to this issue.
Will this review of BNO status allow BNO status holders and dependants recourse to public funds? Will any recourse to public funds be linked to whether the BNO status holder and dependants have made any National Insurance contributions?
There will be no recourse to public funds.
Renewal
QUESTION: What will be the application process for BNO status holders and their dependants if they wish to apply for an extension of their leave for a further 12 months? What will be the fees, and will they be subject to the NHS health surcharge?
The visa will be available in two forms, a one-off five-year visa, and a 2.5-year visa which will be renewable for another 2.5 years to make up the five-year residency period.
A five-year visa will cost £250, and a 2.5-year visa will cost £180.
The BNO visa will be subject to the immigration health surcharge, amounting to £624 per year. This means a five-year BNO visa will attract the immigration health surcharge of £3,120. The 2.5-year BNO visa will attract the immigration health surcharge of £1,560.
QUESTION: Will there be any kind of requirement of having work and / or study, or any other financial or accommodation requirements for a renewal application for BNO status holders and their dependants?
There will be no work / minimum salary requirements for renewing the BNO visa if you need to renew to make up five years' residency before applying for settlement, however, you will still need to show that you can support and accommodate yourself and your dependants since you will have no recourse to public funds.
Is there a maximum number of times which a BNO status holder and their dependants can apply for 12-monthly extension of their leave?
An application for settlement may be made after five year’s residency. If one applied for the 2.5-year version of the BNO visa, they will need to renew for another 2.5 years if not eligible for settlement before its expiry.