If you are a British National (Overseas) citizen from Hong Kong, the BN(O) visa may allow you to live, work and study in the UK. It can also provide a route to permanent settlement after five years of continuous residence.
Our immigration solicitors explain the main eligibility requirements and how the BN(O) visa route works.
What is the British National (Overseas) visa?
The British National (Overseas) visa is available to eligible BN(O) citizens and certain family members who wish to move to the UK.
There are two main routes:
BN(O) Status Holder route – for BN(O) citizens who are ordinarily resident in Hong Kong or the UK, together with eligible dependants.
BN(O) Adult Child route – for eligible adult children of a BN(O) citizen who form part of the same household.
Applicants must meet the relevant validity, suitability and eligibility requirements for the route they are applying under.
The BN(O) Status Holder route
The main applicant must be a BN(O) citizen under the Hong Kong (British Nationality) Order 1986.
Eligible dependants may include:
A spouse or unmarried partner
A child or grandchild who forms part of the household
An adult dependant relative
Partners and children
Partners must show that the relationship is genuine and ongoing. Children and grandchildren may also qualify if they meet the relevant household requirements.
Adult dependant relatives
Adult dependant relatives must generally be aged 18 or over and be the parent, grandparent, brother, sister, son or daughter of the BN(O) applicant.
They must also demonstrate either:
Financial dependency on the main applicant; or
A high level of dependency due to age, illness or disability that requires long-term personal care.
The BN(O) Adult Child route
This route allows eligible adult children of a BN(O) citizen to live, work and study in the UK, even if their parents are not based in the UK.
Applicants must:
Be aged 18 or over
Have been born on or after 1 July 1997
Form part of the same household as the BN(O) citizen
Applicants under this route may also be able to bring their own dependant partner and children to the UK.
Ordinary residence requirement
If applying from outside the UK, you must normally be ordinarily resident in Hong Kong at the date of application.
If applying from within the UK, you must normally be ordinarily resident in the UK and applying for permission to stay.
The Home Office will consider your regular and habitual residence. Evidence may include:
Hong Kong identity card
Utility or household bills
Tax records
Employment records
Educational records
Voter registration documents
Tenancy agreements or mortgage statements
Financial requirement
Applicants who have lived in the UK for at least 12 months at the date of application will normally meet the financial requirement automatically.
Applicants applying from Hong Kong, or those who have been in the UK for less than 12 months, must show that they can adequately maintain and accommodate themselves in the UK without relying on public funds.
Tuberculosis test requirement
If you have been resident in Hong Kong for six months or more before applying, you will normally need to provide a valid tuberculosis (TB) test certificate confirming a negative result.
Applicants applying from within the UK will not usually need a TB certificate unless their last grant of leave was for less than six months, and they were present in a country listed in the tuberculosis appendix of the immigration rules for more than six months immediately prior.
Visa length and route to settlement
Applicants can choose between:
A 2.5-year visa; or
A 5-year visa.
Both options lead to settlement after five years of continuous residence in the UK.
Application fees
2.5-year visa: £206
5-year visa: £285
Immigration Health Surcharge
Applicants must also pay the Immigration Health Surcharge for the full length of the visa:
Adults: £1,035 per year
Children: £776 per year
Because the surcharge is paid upfront, applicants should consider the total cost carefully when deciding whether to apply for a 2.5-year or 5-year visa.
Settlement after five years
BN(O) visa holders may become eligible for Indefinite Leave to Remain after completing five years of continuous residence in the UK.
In some cases, time spent in the UK on another qualifying immigration route may count towards the five-year residence requirement.
How our immigration solicitors can help
The BN(O) visa route can involve detailed eligibility and evidential requirements, particularly where dependants, adult children or ordinary residence issues are involved.
Our specialist immigration solicitors can advise on eligibility, prepare supporting evidence and assist with the preparation and submission of your BN(O) visa application.
If you would like tailored advice on a British National (Overseas) visa application, please contact our immigration team.