New Hong Kong British National (Overseas) visa route to open this week

28 January 2021

Following the Home Office’s policy statement last summer, the new Hong Kong British National (Overseas) (BN(O)) visa route will open on 31 January 2021 to BN(O) citizens and family members. For more information regarding who qualifies as a BN(O) citizen please refer to our earlier post.

Who can apply?

Two separate sub-routes will be made available: the BN(O) Status Holder sub-route and the BN(O) Household sub-route.

BN(O) Status Holder sub-route

BN(O) citizens ordinarily resident in Hong Kong or UK, Bailiwick of Guernsey or Isle of Man can apply under this sub-route as well as certain dependants (see below). Applicants need to show that they can accommodate and provide financial support for themselves and their family members for at least six months in the UK without recourse to public funds. In addition, BN(O)s must have no serious criminal convictions nor have engaged in behaviour considered not to be conducive to the public good nor have other reasons why they may be deemed unsuitable for entry.

A tuberculosis test may have to be undertaken if applying from overseas and in some instances also where an applicant is applying from within the UK.

Who can apply as the dependant of a BN(O) Status Holder?

The definition of who can apply as a dependant is a lot wider than under many existing immigration routes.

Dependent partners and household children of BN(O)s can apply. In some circumstances where there is a high level of dependency on the relevant BN(O), other adult family members can apply.

Dependent partners would include:

  • spouses; or
  • unmarried partners who have lived with the main applicant in a relationship akin to marriage or civil partnership for at least two years prior to the application.

Both spouse and unmarried partners must be able to demonstrate that the relationship is genuine and subsisting at the time of the application.

Dependent household children would be:

  • minor children; and
  • and minor grandchildren;

of BN(O) Status Holders or partners of BN(O) Status Holders. Under this new sub-route, grandchildren of BN(O) Status Holders or partners of BN(O) Status Holders fall under the definition of dependent household children and this is a unique addition that has no precedents in the Immigration Rules.

Other dependent relatives who may be able to apply under the BN(O) Status Holder sub-route are as follows:

  • parents;
  • grandparents;
  • brothers;
  • sisters;
  • sons or daughters

of BN(O) Status Holders or partners of BN(O) Status Holders. To be eligible under this sub-route they must be over the age of 18 and as a result of age, illness or disability require long term personal care, live with the main applicant and unable to obtain the necessary care in Hong Kong if the main applicant were to leave for the UK.

Similarly to the main applicant, all dependants must be ordinarily residents in Hong Kong or UK, Bailiwick of Guernsey or Isle of Man and may have to demonstrate that they are able to maintain and accommodate themselves adequately for at least six months in the UK without recourse to public funds. They may also have to undertake a tuberculosis test at the time of their applications.

BN(O) Household Member sub-route

This sub-route has been created specifically for children of BN(O) individuals over the age of 18 and born on or after 1 July 1997 and who reside with the relevant BN(O) status holder. Under this sub-route, their partners or unmarried partners and minor children can apply provided they live with the BN(O) main applicant.

They must all apply with the BN(O) status holder and demonstrate that they will be able to maintain and accommodate themselves adequately for at least six months in the UK without recourse to public funds. They must also all meet the ordinary residence requirement as under the BN(O) Status Holder sub-route. A tuberculosis test may be required for applicants under this sub-route.

Application process and fees

Applications can be submitted either via an App or an online form. Main BN(O) applicants are not required to be in possession of a valid BN(O) passport to evidence their status and where this passport has expired or has been lost, the HM Passport Office should be able to check historical records. Applicants would nonetheless need a valid identity document to submit their applications and subsequently travel to the UK.

BN(O) applicants can apply for either a 2.5 year or 5 year visa and their dependants would need to apply for leave in line with them. Whether to choose one or the other option would depend on the applicant’s preference and financial possibilities as a 5 year visa application would cost significantly more than a shorter visa (largely due to the costly Immigration Health Surcharge).

Indefinite leave to remain in the UK (ILR) and other benefits

A huge benefit of this route is that it leads to ILR after a continuous period of five years’ residence in the UK (provided that the requirements are met) and then citizenship one year later. It is important to note that the qualifying five year period can be reached by combining years spent in the UK under other routes and BN(O) route provided the latter is the more recent grant of leave at the time of the settlement application.

The generosity of this route is also supported by the fact that there is no English language requirement under either of the BN(O) routes.

Successful applicants can work, study and use the NHS in the UK, even though they are not permitted to claim public funds. Dependent children would be able to attend school or education/training. Dependants are permitted not to reside with the household whilst maintaining their status once they are in the UK.

Laura Devine Immigration (LDI) would be pleased to assist individuals who wish to apply under this route. For further information on this and on other changes to UK immigration law, see our website, or contact your assigned LDI lawyer or enquiries@lauradevine.com.

Francesca Sciberras


Senior Solicitor

Ilaria Iovieno


Trainee solicitor


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