🇭🇰🇬🇧 Special visa and Hong Kong

Dear customers of 1st 4Immigration,

Hong Kong has been a focus of the new lately, with the UK Government promising special visas for British Nationals (Overseas) status holders, such as in this BBC story. Here we look at the details of the scheme coming in force in January 2021. 

1. It will only be available to BN(O) status holders, which means those born before 1 July 1997 (date of handover to China) and who actually registered for this status by 2007. It is not possible to obtain this status now.
  

2. The BN(O) status cannot be passed to children but eligible BN(O) applicants can bring their families with them: spouse/partner and children under 18 yo. In some limited cases, children aged 18 and over may be allowed too.

3. There is no need to have a valid BN(O) passport, it can be an old one, and there is no restriction on dual nationality. But there is a condition to be a resident in Hong Kong. For example, if you are a ‘BN(O)’ but moved to Australia and obtained Australian citizenship, you won't qualify. Not because of Australian citizenship but because of not being a resident in Hong Kong anymore. If you are already in the UK, however, you may be able to switch into this scheme from 2021 onwards, assuming you can meet its conditions, such as on your finances.

4. The path to settlement is 5 years. The applicants can choose between a 5-year visa straight away or 2 visas (2.5 years each). After 5 years - settlement, where the usual rules on absences, criminality etc will apply. If you can't meet them, you will be expected to leave the UK - no more extensions! If you can - full British Citizenship after further 12 months.

5. BN(O) passport holders can come to the UK now in various Immigration routes, such as visiting visa-free for 6 months or applying for a Tier 5 YMS visa. It is not, however, full British Citizenship despite words ‘British National’, meaning BN(O)s are subject to usual immigration rules on work/student visas etc. For example, a BN(O,) wishing to work in the UK, needs the same Tier 2 Sponsorship from an employer as all other non-EEA citizens. This new visa, however, allows to come to the UK and look for work, in any occupation for any employer. It also allows studying, running a business, using the NHS, sending children to state schools and so on - except claiming public funds (welfare benefits).

As always, we are here to help with the latest developments in the fast-changing environment of UK Immigration Rules, including the post-Brexit Points-Based System, which has taken a back seat at the moment but is being developed behind the scenes. Please contact us via replying to this email or book a consultation on our website .

1st 4Immigration is one of the most experienced and prominent UK immigration law companies, accredited by the OISC at the highest Level 3. We have been in business for over 10 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Address: Tower 42 (NatWest Tower), 25 Old Broad Street, City of London, London, EC2N 1HN.