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Business Immigration Solicitors

British Overseas Hong Kong National visa (10 November 2020)

Date: 10/11/2020
Duncan Lewis, Business Immigration Solicitors, British Overseas Hong Kong National visa

Further to changes introduced by the Home Secretary of new immigration rules, the UK will welcome British national (overseas) (BN(O)) citizens and their family members to enter and remain in the UK from 31 January 2021.

Anyone who is a BN(O) can apply for this visa. A BN(O) is someone who was a British Overseas Territories citizen by connection with Hong Kong and was able to register as a British national (overseas) before 1 July 1997.

Under this route, known as BN(O) citizens will be able to apply to enter and remain in the UK for a period of five years (or two and a half years) followed by a settlement application, Indefinite Leave to Remain, after five years. This application can be made from Hong Kong and also from within the UK where an applicant can switch into this category.

An applicant, once successful on this route, can work, study, and use the NHS service. In addition, there are no restrictions on claiming public funds.

There is no requirement to produce a valid BN(O) passport. The applicant will however need a valid travel document and can use a valid Hong Kong Special Administrative Region passport.

Family members who normally live with the applicant may also be able to apply, this includes a spouse, civil partner or unmarried partner, child (under the age of 18), adult child born on or after 1 July 1997 (and their spouse, or child under the age of 18), other family members in exceptional circumstances where there is a high level of dependency on the main applicant. Family members must apply together at the same time with the main applicant and cannot join the main applicant later.

Key requirements include:


  • The applicant must show that he can accommodate and support themselves and their family members for at least six months. This can be shown by submitting bank statements and/or an offer of support/accommodation from a third party.

  • An applicant does not need to meet this requirement if they have been living in the UK for more than a year when they apply.

  • If the applicant lives in Hong Kong they must provide a tuberculosis test certificate from an approved centre. An applicant does not need this certificate if they were previously given permission to stay in the UK for more than six months.



Fees:

Home Office fees:

  • £180 to apply to stay for 30 months

  • £250 to apply to stay for five years



Immigration Health Surcharge (allows the use of the NHS) for each adult this will be:

  • £1,560 when applying to stay for 30 months

  • £3,120 when applying to stay for five years


For each child under the age of 18:

  • £1,175 when applying to stay for 30 months

  • £2,350 when applying to stay for five years



Author Efrat Shemesh is a solicitor within the business immigration department at Duncan Lewis Solicitors. Efrat has expertise in UK nationality law and I have been involved in a wide variety of complex and high profile immigration cases.

Contact Efrat on 02031141258 or at efrats@duncanlewis.com


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