BNO Visa Application Guide for Hong Kong British Nationals

Last updated: 7 June 2023

The British National Overseas visa (BNO visa) allows British National (Overseas) citizens in Hong Kong to live, work, and study in the UK. It is also known as the “BNO 5+1” visa as people with BNO visas can apply for ILR after 5 years, and after a further 1 year, they can apply for British Citizenship if they meet all the eligibility requirements.

There are many flexible features and benefits of the British National Overseas visa, as follows:

• No Cap: Under the current immigration rules, there is no limit on the number of BNO visas for Hong Kong nationals that can be issued by the Home Office
• Relaxed eligibility requirements: You do not need to meet a minimum skill or salary requirement
• No need for sponsorship: Applicants do not require sponsorship from a UK employer
• Long stay: You can stay in the UK for up to 5 years
• Pathway to settlement: You can apply for Indefinite Leave to Remain after 5 years
• Option of citizenship: Once you have held ILR for 12 months, it is possible to apply for British citizenship
• Dependants welcome: You can bring their eligible partner and children with them to the UK
• Freedom to work: You are free to work in any type of job with any employer without the need for sponsorship
• Freedom to study: You can study in the UK at a school, college, or university without the need to ask for permission. In addition, BNO visa dependants can attend state school at no cost
• Access to NHS: Having paid the immigration healthcare surcharge, you and your dependants will have full access to the National Health Service (NHS) for medical treatment
• No BNO passport required: You will not be asked to provide a BNO passport when you apply for a BNO visa.

It is important to note that under the BNO visa leave outside the rules (LOTR), BNO nationals and their family members were previously able to enter the UK by applying for ‘leave outside the rules for a period of 6 months at the UK border, but this ended on 19^th July 2021. British National (Overseas) now require a BNO visa.

Who can apply for the BNO Visa UK?

You may be eligible to apply for a BNO visa if you are 18 years or above and are either:

• a British national (overseas) or
• a child of a British national (overseas) who was born on or after 1^st July 1997.

The date of 1st July 1997 is significant because adult children born on or after this date originally had to apply for a BNO visa with their parents. Under changes to the rules introduced in February 2022, adult children can now apply independently of their parents.

Applicants will need to be ordinarily resident in Hong Kong if applying from outside the UK. It is also possible to apply from the UK if your permanent home is in the UK, Channel Islands, Isle of Man or Hong Kong.

There is no English language requirement for a British National Overseas visa, but applicants will require a good knowledge of the English language if they choose later to make an application to settle in the UK (indefinite leave to remain) after five years.

Applicants must also have no serious criminal convictions, have not otherwise engaged in behaviour which the UK Government deems not conducive to the public good, and not be subject to other general grounds for refusal set out in the Immigration Rules.

Eligible Family Members of BNO holders

The Hong Kong BNO visa is open to eligible family members of British National Overseas citizens, including your:

• Spouse or civil partner (18 years or older)
  • your husband, wife, civil partner, or unmarried partner
  • your civil partnership or marriage must be recognised in the UK, or you must have been in a relationship and have been living with your partner for at least 2 year
• Child or grandchild under 18
• Child who is 18 or older and born on or after 1st July 1997 (and their partner or child under 18)
• Parent, grandparent, brother, sister, son, or daughter (18 or older) if they live with you and are highly dependent on you for their care

A separate application should be prepared and submitted for each family member. The BNO visa dependant rules state that husband or wife can apply separately from the main applicant. This also applies to children (under or above 18) who are not required to apply at the same time as the main applicant. All that matters is that the Hong Kong BNO visa is valid when they apply.

However, the rules also state that family members other than partners and children under 18 must apply within 2 days of the main British National Overseas visa application.

BNO visa financial requirements

As a Hong Kong BNO visa applicant, you will need to prove to the Home Office that you have sufficient funds to house and support yourself and your dependants. There is no set amount, but you must have at least the same as Income Support in the UK, as follows:

• Single Adult: £2,000
• Couple with a child: £3,100
• Couple with 3 children: £4,600
• 2 parents and 2 adult children: £9,200

The BNO visa financial requirement can be met through your regular income, savings or in the form of support from your family or friends. In addition, under rule changes introduced in 2023, you may be granted 12 months’ leave outside the rules as a BNO visa applicant if you cannot meet this requirement (but you otherwise meet the suitability requirements).

Documents for BNO visa UK application

The Home Office will explain which documents you need to provide to support your BNO visa UK application; these may include:

• Your passport (as a BNO) citizen, you can use your current or an expired BNO passport (or a photocopy) to prove your BNO status.
• Proof of your permanent residence and that of your dependants
• Evidence of sufficient funds to support yourself and your family in the UK (this does not apply if you have been in the UK for 12 months or more already); evidence may include:
  • bank or savings account statements
  • payslips
  • evidence of income from self-employment
  • evidence of income from rental property
  • a letter from friends or family with evidence they can support you and your family
  • a letter confirming an offer of accommodation from friends or family
  • a tenancy or mortgage agreement
• Evidence of your relationship, such as a marriage certificate, birth certificate, or adoption certificate
• Travel history
  • Past passports
  • Details of any travel, including such as dates, destinations, and visas held in the UK and other countries
• A TB certificate depending on where you are when you apply

If applying as an adult child of a British national (overseas) who was born on or after 1^st July 1997, you may be asked to provide your parent’s current or expired passport (or a photocopy) and a birth or adoption certificate that proves your relationship. If you don’t have their passport, the Home Office check their BNO status using their full name and date of birth.

If your dependants are applying separately, to ensure that all applications are linked together, each person will need to provide the Global Web Form (GWF) or a Unique Application Number (UAN) used for your application.

How to apply for a BNO Visa

The process you will need to follow to apply for a BNO visa depends on whether you are applying from inside or outside the UK.

Applying for a BNO visa outside the UK

The application process for the British National Overseas visa for Hong Kong nationals is as follows:

1. Complete the online application form on the UK Home Office website¹
2. Pay the required fees (see below)
3. Upload your documents (see above)
4. Prove your identity – you will be asked to arrange and attend an appointment with your nearest visa application centre to have your identity checked, and biometrics taken (fingerprint and photo) or use the ‘UK Immigration: ID Check’ app. You will be asked to provide your BNO, HKSAR (Hong Kong Special Administrative Region) or EEA passport.
5. Wait for a decision on your application – this can take up to 12 weeks to process.

Applying for a BNO visa inside the UK

The process for applying for a BNO visa for Hong Kong nationals outside the UK is as follows:

1. Complete the online application form to switch to a BNO visa²
2. Pay the required fees (see below)
3. Upload your documents (see below)
4. Prove your identity – you will be asked to arrange and attend an appointment with a visa application centre to have your identity checked, and biometrics taken (fingerprint and photo) or use the ‘UK Immigration: ID Check’ app. You will be asked to provide your BNO, HKSAR (Hong Kong Special Administrative Region) or EEA passport.
5. Wait for a decision on your application – this can take up to 12 weeks to process. You will be able to remain in the UK while awaiting a decision.

In addition to the above list of documents, if applying inside the UK, you may be asked to provide the following:

• Proof of your permanent residence and that of your dependants in the UK, Channel Islands or the Isle of Man; this may include:
  • household or utility bills
  • a visa, residence permit or another immigration document
  • payslips
  • a recent HMRC P60
  • bank statements
  • a letter from an employer confirming your employment
  • records of rent or mortgage payments
  • an appointment letter from your GP or another healthcare professional, or
  • a letter from the local council or a government

How to check BNO visa status

After your application, you can check your Hong Kong BNO visa status by using the Home Office’s online immigration status checking service3. Alternatively, you can speak to the UK Visas and Immigration (UKVI) contact centre.

• Telephone: 0300 790 6268 or +44 (0)300 790 6268 - select option 1
• Monday to Thursday (excluding bank holidays), 9am to 4:45pm
• Friday (excluding bank holidays), 9am to 4:30pm

BNO Visa Costs

You will need to pay an application fee of £180 if applying for 2 years and 6 months and £250 if applying for 5 years. You will also need to pay £19.20 to register your biometric information (this is needed for your BNO visa BRP).

The highest cost for applicants will be the healthcare surcharge, which allows the use of the UK’s National Health Service (NHS) by migrants. This is £1,560 for adults and £1,175 for children (if applying for 2 years and 6 months), and £3,120 for adults and £2,350 for children (if applying for 5 years).

BNO Visa Extension

If you hold a British National Overseas visa holder as a Hong Kong national, you will be able to further extend your visa before it expires as many times as you like. This means that if you came to the UK for an initial period of 2.5 years, you will be able to extend this for another 2.5 years, at which point you can apply for permanent residence (PR in the UK).

To extend your BNO visa, you will need to:

• complete the online extension application form
• pay the required fees (see above)
• upload your documents (see above)
• arrange an appointment with a UKVCAS centre to have your biometrics taken (fingerprint and photo)
• Attend your biometric appointment
• Wait for a decision on your application
• For dependants – provide the extension reference of the main applicant.

If applying for a BNO visa renewal for a child under 18, they will need to apply with both BNO parents unless one has sole responsibility or the right to reside in the UK permanently. In addition, you will also need to provide evidence of their relationship to you, such as a birth certificate (this is not necessary for partners and children over 18).

If you currently hold a BNO visa as a dependent partner and you separate or get divorced, your ex-partner is legally required to inform the Home Office. In this case, you may need to switch to a different type of visa if you wish to stay in the UK, e.g. a work visa or family visa. It is important to seek legal advice from an immigration solicitor in this situation.

BNO Visa to Indefinite Leave to Remain

After 5 years of continuous residence with a BNO visa, you will be able to apply for Indefinite Leave to Remain (ILR). To gain ILR, according to the “Continuous residence” BNO visa 180 days requirement, you must not have spent more than 180 days outside the UK in any year. After a further 12 months, you will then be able to apply for British citizenship.

As a person with Indefinite Leave to Remain, you will be able to:

• Remain here safely in the UK as long as you wish without being subject to immigration control (i.e. there is no need to continuously renew your BNO visa)
• Leave the UK and return without the need for a visa
• Work in any role and for any business
• Study, and
• Claim some benefits

Ultimately, applying for ILR ensures the future of BNO visa holders within the UK, regardless of the changing political situation in Hong Kong.

How can Reiss Edwards help?

Reiss Edwards specialises in all aspects of immigration law, including BNO visa applications for Hong Kong nationals. We can:

• Check your eligibility and that of your family members
• Check your application prior to submission
• Check your documents prior to submission
• Handle your visa and extension application on your behalf and of your family members
• Liaise with the Home Office on your behalf regarding your BNO visa application
• Handle a refusal of a BNO visa application

Speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or by email at info@reissedwards.co.uk.

References:

¹ GOV.UK: Applying from outside the UK

² GOV.UK: Applying within the UK

³ GOV.UK: Online immigration status checking service