On 1 July 2020 the government announced its commitment to establishing a new visa scheme for all British National (Overseas) (BNO) persons and their dependants. The visa will provide a readily available opportunity for millions of Hong Kong residents to move to the United Kingdom more easily.

Eligibility

The new visa scheme applies only to BNOs and their dependants. 'BNOs' are persons who were British Overseas Territories citizens from Hong Kong and registered to become a BNO by 30 June 1997. An individual cannot become a BNO if they are not one already. At present, there are an estimated 2.9 million BNOs in Hong Kong.

Eligibility for the main applicant under the new visa category will be based primarily on being a BNO with no prohibited criminal history or character-related concerns. The government announcement states that dependants must be usually resident in Hong Kong to qualify. Further requirements may be introduced as the scheme comes to fruition, but these will likely be relatively easy to meet; otherwise, the scheme's purpose would be defeated. The visa will be granted for five years and allow the holder to work or study in the United Kingdom. They can then apply for indefinite leave to remain (ILR) after five years' continuous residence in the United Kingdom on the BNO visa.

Registration as a British citizen will be available for BNOs after a further one year of holding ILR, provided that certain requirements regarding absences and good character are met. It is unclear whether citizenship for dependants will be by registration or naturalisation. If dependants aged 18 or over must naturalise, they would additionally need to pass a Life in the UK and an English-language test. For child dependants aged under 18, the existing laws registration laws will likely apply.

The five-year visa has been described as "special and bespoke", honouring the United Kingdom's historic commitment to Hong Kong and recognising the recent introduction of security laws by China, which have troubled the United Kingdom.

Implementation

The implementation of the new visa route is likely to be streamlined and efficient, utilising the technology and experience of the Home Office's settled status team. This team has already completed approximately 3.6 million applications for EEA nationals and their family members who needed to be brought under UK law as a result of Brexit. That project will soon end as EEA nationals only have until June 2021 to apply and will likely wish to have their status confirmed before 1 January 2021, when EEA free movement ends.

The details of the BNO visa have yet to be determined; however, a government press release confirms that this will be "in the coming months". In the meantime, individuals who wish to be able to enter the United Kingdom for an initial period of six months under a BNO passport and to avail themselves of British consular assistance when they are outside the United Kingdom, China, Hong Kong and the Macau Special Administrative Region may need to apply for this. Her Majesty's Passport Office is already seeing a significant increase in applicants for BNO passports and it is important to get the application correct to avoid unnecessary delays. It is unclear whether a BNO passport will need to have already been issued to a main applicant under the BNO visa route or whether alternative evidence of BNO citizenship will suffice.

Application fees

It is unclear whether an application fee will be charged for the visas and, if so, at what level. Application fees will likely be applicable for citizenship applications. At present, these are:

  • £1,206 for BNOs registering as British citizens;
  • £1,330 for naturalisation; and
  • £1,012 for child registration.

A biometric enrolment fee of £19.20 must also be paid for citizenship applications.

What if individuals are not eligible for BNO scheme?

Other visa options exist for non-BNO citizens and non-eligible dependants.

The most common routes to the United Kingdom for Hong Kong residents are Tier 2 sponsored work visas and Tier 4 student visas. Other routes include:

  • those linked to familial connections (eg, an EEA or British spouse);
  • investment routes (eg, the Tier 1 Investor, which requires a £2 million investment in the United Kingdom); or
  • the Representative of the Overseas Business visa for those who wish to set up a new outpost in the United Kingdom of an overseas business.

Tier 2 visas are the most common, with approximately 27,000 issued each year. This visa requires a job offer from an employer willing to sponsor the individual. The job must meet a minimum skill and salary level, among other requirements. However, individuals can work only in the job for which their visa has been issued, which is restrictive. For individuals who are truly exceptional in their field, the Global Talent visa provides freedom to work for themselves or any employer within their field, although it is a more difficult visa to obtain, with approximately 1,200 approvals in the past 12 months.

From Hong Kong in particular, there are many applicants for Tier 4 – the United Kingdom's student visa. This requires sponsorship from the relevant educational provider. It also requires significant funds to be held to prove that course fees and personal maintenance can be met. Unfortunately, it is a temporary visa and does not lead to permanent status in the United Kingdom unless holders can live in the United Kingdom legally and continuously for at least 10 years with absences fewer than 540 days over the entire period and no single absence of more than six months.

Comment

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