Details of Hong Kong BN(O) immigration route announced

23 July 2020

In June 2020, the Home Office set out its’ intention to introduce a bespoke UK immigration route for British National (Overseas) (‘BN(O)’) individuals and their family members. Yesterday a policy statement was published with details for the new ‘Hong Kong BN(O) Visa’ route.

Who are BN(O) individuals?

This refers to individuals who were previously British Dependent Territories citizens holding a connection to Hong Kong who registered for BN(O) status before July 1997, when sovereignty of Hong Kong was transferred from the UK to China. This status cannot be passed down to children and therefore there are only a limited number of individuals holding this status, estimated at approximately 2.9 million.

BN(O) individuals can visit the UK for up to six months without obtaining a visa, but remain subject to immigration controls in the UK.

General overview of the Hong Kong BN(O) Visa route

The route is planned to open from January 2021 with new Immigration Rules confirming the details to be laid in Autumn 2020. The route is intended to enable BN(O) individuals and immediate family members to obtain immigration permission for up to five years. This will allow them to work or study in the UK. Individuals can then apply for settlement (also known as ‘indefinite leave to remain in the UK’) once they have lived in the UK continuously for five years. After a further 12 months, they may apply to register or naturalise as British citizens.

What is the application process?

This will be an online application process aimed to replicate the current European Settlement Scheme (EUSS) procedure. This may therefore involve an almost entirely online process, avoiding the need for applicants to submit physical documents by post, although additional checks are anticipated for family members of BN(O) individuals.

Applicants will not need to be in possession of a valid BN(O) passport and where previous passports have been lost, HM Passport Office may be able to check historical records.

Immigration permission will be granted in the form of a ‘digital visa’ (as is the case with certain individuals applying under the EUSS) instead of a physical document.

Who could be eligible?

Individuals can apply from overseas, or apply to switch to this route from within the UK. All BN(O) individuals and immediate family members, including a spouse, eligible partner and children under the age of 18 are eligible.

It may be possible for dependent children over the age of 18 to be eligible in compelling and compassionate circumstances.

In exceptional circumstances of “high dependency”, other adult dependants may be eligible, although the requirements are yet to be confirmed.

In addition, the main requirements for entry under this route are expected to include:

  • being ordinarily resident in Hong Kong;
  • being able to accommodate and support themselves and family members in the UK;
  • showing a commitment to learning English in the UK; and
  • have no serious criminal convictions, nor engaged in behaviour considered not to be conducive to the public good nor have other reasons why they may be deemed unsuitable for entry (for example, due to conduct, associations or an adverse UK immigration history).

Individuals may also need to show they are free from tuberculosis and pay the relevant application fees, including the Immigration Health Surcharge.

Is it possible to apply sooner than 2021?

BN(O) individuals are already permitted to visit the UK for up to six months without needing to obtain prior permission before their arrival, however they must intend to leave the UK at the end of their visit, which means those wishing to seek to visit the UK and apply from within the UK once the route has opened, may face issues as they would not be intending to leave the UK.

The Home Office has stated that in exceptional circumstances, BN(O) individuals and accompanying dependants may be granted what is known as Leave Outside The Rules at the UK border with permission to enter for six months. They would need to satisfy the requirements for the Hong Kong BN(O) visa in these circumstances.

What else can we expect?

The Home Office will be announcing further details in the coming months, including the application fees and ability to switch into this route or apply for extensions from within the UK.

Get in touch

For further information on the new Hong Kong BN(O) visa route or other changes to UK immigration law, visit our website, or contact your assigned LDI lawyer or enquiries@lauradevine.com.

Zeena Luchowa


Senior Solicitor

Joshua Hopkins


PSL Team Co-ordinator


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