Paragon Law Hong Kong British National (Overseas) Visa Created by Paragon Published July 2021 Law Contents 01 02 03 About Our Services Next Steps • Overview • Making an initial • Contact us • Eligibility application. • Useful websites • What you can and cannot • Applying to extend your do leave, • Indefinite Leave to Remain. • British Citizenship. • Student Finance, Hong Kong British National (Overseas) Visa Section 1: About Hong Kong British National (Overseas) Visa Overview In response to the new national security laws in Hong Kong, the UK Government introduced the new Hong Kong British National (Overseas) visa which was subsequently implemented on January 31st 2021. Under this scheme, individuals who are currently a Hong Kong British National Living Overseas (BNO) can apply for this visa to come to work, live or study in the UK. Through the visa individuals and their dependents can live in the UK for up to five years after their application. After this time these individuals can apply for Indefinite Leave to Remain whereby they can stay in the UK to live and work without having to reapply for a visa. A year after this status, individuals can apply for British citizenship should they meet the eligibility criteria. Hong Kong British National (Overseas) Visa Eligibility 01 02 This new visa route is only available to Hong Kong If you’re applying for this BNO visa, the following British National Overseas citizens aged 18 and above. family members can also be eligible: For these individuals, their permanent home must either • Your spouse, civil partner, or unmarried partner*. be in Hong Kong or in the UK and they must have a valid • Your children or grandchildren aged under 18 travel document. years old. • Any other dependent children born on or after It is thought that there are just under 3 million people 1st July 1997 (and their spouse and children aged who could directly benefit from this, but the number who below 18 years old). can be indirectly affected by this is higher as family members of these individuals are also eligible. Hong Kong British National (Overseas) Visa *Applications concerning an unmarried partner must be for individuals who are in a serious relationship and have been living with their partner for over 2 years. What you You can live, work and study in the UK (however, you cannot work as a professional sportsperson or sports coach). can and cannot do You cannot usually claim for most benefits. You can access primary and secondary healthcare the the NHS in the same way that British citizens do. Hong Kong British National (Overseas) Visa Section 2: Our Services Hong Kong British National (Overseas) Visa Making an initial application Residency and Financial Requirements • Applicants from outside the UK must normally live in Hong Kong, but for those applying within the UK then they must normally live in the UK, Jersey, Guernsey, Making an initial the Isle of Man, or Hong Kong. application • These applicants must also be able to demonstrate that they can support themselves (and their dependents) for at least 6 months when in the UK (evidence is required). Applying from within the UK • If you are a BNO already in the UK and are considering applying for this then you don’t usually need to apply straightaway unless your existing leave is due to expire soon. Likewise, if you have leave in another category which is due to expire and you’re in the UK then you can also apply. Costs and length of leave granted • The cost of this visa will either be £180 per person for a 30 month visa, or £250 for a 5-year visa. However, additional costs do arise as those applying for this visa must also pay the Immigration Health Surcharge (IHS) as part of the application. Hong Kong British National (Overseas) Visa Applying to extend your leave Those who choose to apply for the 30-month initial leave, will need to extend their leave and Applying to meet the same criteria at the time of extension. extend your leave We can assist in completing the application and providing the supporting evidence and representation to the Home Office. Hong Kong British National (Overseas) Visa Indefinite Leave to Remain After you have lived in the UK for 5-years under this BNO visa then you have the opportunity of applying for Indefinite Leave to Remain. Under this, you will be able to stay in the UK without any time limits. However to Indefinite Leave be eligible you must: to Remain • Meet the knowledge of English requirements. • Pass the Life in the UK Test. • Have spent no more than 180 days outside the UK in any 12 months in the last 5 years. • Pay an application fee. Any time spent living in the UK under one of these visas can count towards your five years, and so, reduce the remaining time needed to qualify for Indefinite Leave to Remain: • Global Talent visa (or a Tier 1 Exceptional Talent visa). • Investor visa. • Entrepreneur visa. • Skilled Worker visa (or Tier 2 General work visa). • Minister of Religion visa. • Sportsperson visa. • Representative of an Overseas Business visa. • UK Ancestry visa. Hong Kong British National (Overseas) Visa If you have a dependent then they can also apply, but only once yourself, your child, and their other parent (unless you have sole responsibility) have been in the UK for 5 years. British Citizenship In addition to the previous applications, some BNOs may be eligible to register as a British citizen. There are two possible routes of entry (both costing £1,330): Registration following five years residence To register as a British citizen under this route, you must: • Have been a resident in the UK for at least five years. • Have been present in the UK for five years prior to making your application. British • Have not spent more than 450 days outside the UK during the five-year period. • Have not spent more than 90 days outside the UK in the last 12-months of the five-year Citizenship period. • Have not been in breach of the immigration rules at any stage during the five-year period. • Are in possession of Indefinite Leave to Remain for the last 12 months of the five-year period of your stay in the UK. Registration if you are a BNO with no other nationality To register as a British citizen by descent you must meet the following qualifying criteria*: • Be a BNO. • Not hold any other citizenship or nationality. • Not have given up any other citizenship or nationality. • Not have lost any citizenship or nationality by action or inaction. *It is worth noting that you can be a citizen of another nation or country despite never holding a passport for the country in question. Prior to your registration as a British citizen you must ensure that this doesn’t apply to you. Additional eligibility criteria which you must meet: Hong Kong British National • Aged over 18 years-old. (Overseas) Visa • Proof of your knowledge of English, Welsh, or Scottish Gaelic. • You must have passed the life in the UK test. • You must be of good character. Website www.theparagongroup.co.uk Phone Number 0115 9644 123 Contact Us For any questions or Email Address to arrange a consultation [email protected] Useful Websites Our website The official Government guidance for BNOs in Hong Kong The Life in the UK Test Hong Kong British National (Overseas) Visa.