Hong Kong BN(O) Visa for BNO Status Holders

If you have questions regarding the BN(O) Visa route or any other UK immigration routes, BHD Solicitors London is here to help. The BN(O) Status Holder visa route is for an adult BN(O) who is ordinarily resident in Hong Kong or the UK. The British National Overseas visa route opened on 31 January 2021.

There are validity, suitability & eligibility requirements that you must meet to make the BNO visa application. The Hong Kong visa requirements include having BN(O) Status, proving your ordinary residence, showing adequate maintenance and accommodation, and providing a TB Certificate where required.

Hong Kong British National (Overseas) Adult Dependent Relative Visa Route 2024 Update

A new concession was published on 4th April 2024, which enables applicants currently inside the UK without permission to make a BN(O) application.

Prior to 4th April 2024, it was a requirement that an applicant must apply for entry clearance or leave to remain at the same time as the BN(O) Status holder.

The new changes now permit adult dependant relatives to make their applications at a different time to their sponsor. The rules also now permit a sponsor to be both a British citizen and a BN(O) Status holder.

There are many flexible features and benefits of the Hong Kong BN(O) Visa routes. Successful applicants will be permitted to work, live and study in the UK on a short route to settlement.

Validity Requirements for a Hong Kong BN(O) Visa

If you have a chipped HKSAR, BN(O), or EEA passport, you can apply for the Hong Kong British National (Overseas) Visa using the UK Immigration: ID Check app. Alternatively, you can apply online using the Hong Kong British National (Overseas) Visa application form.

For your Hong Kong visa application to be valid, you will need to provide any required biometrics and provide a passport or other travel document to prove your identity and nationality.

Suitability Requirements for a Hong Kong BN(O) Visa

You must not fall for refusal under the general grounds for refusal. The Home Office will consider your personal history and immigration history. If there are any concerns, you should seek immigration advice prior to applying.

Additionally, if you are applying from within the UK, you must not be in breach of immigration laws (unless paragraph 39E, the exception for overstayers, applies), or on immigration bail.

If you are in the UK lawfully, or if you fall within the exception for overstayers, you can apply to switch to the BN(O) Status Holder route from within the UK.

BN(O) Status Holder Requirement

You must be a British National (Overseas) under the Hong Kong (British Nationality) Order 1986.

A person who was a British Dependent Territories citizen by virtue (wholly or partly) of his having a connection with Hong Kong must have applied to be registered as a British National (Overseas) prior to the end of 1997. No person born after 30 June 1997 is a British National (Overseas). Additionally, BN(O)s cannot pass that nationality by descent to their children.

Hong Kong BN(O) Visa Ordinary Residence Requirement

If you are applying from outside the UK, you must be ordinarily resident in Hong Kong at the date of application.

If you are applying from inside the UK, you must be ordinarily resident in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, the Isle of Man or Hong Kong on the date of application.

Maintenance & Accommodation Requirement

If you are applying for permission to stay as a Hong Kong BN(O) and have been living in the UK for 12 months or more on the date of application, you will automatically meet the financial requirement. You do not need to provide further evidence.

If you are applying for entry clearance as a Hong Kong BN(O) or have been living in the UK for less than 12 months on the date of application, you must show you can adequately maintain and accommodate yourself without recourse to public funds for at least 6 months. You may also rely on credible promises of future third party support.

TB Certificate Requirement

If you have been resident in Hong Kong for the 6 months before you apply, you will need a valid medical certificate confirming you have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in you.

If you are in the UK, and your last grant of permission was for less than 6 months, and you were present in a country listed in Appendix T of these rules for more than six months immediately prior to their last grant of permission, you must provide a valid TB Certificate. A valid medical certificate is a certificate from an approved centre issued within the 6 months immediately before the date of application.

A TB Certificate is not required if you provided one as part of a successful application for entry clearance in the 12 months before the date of application.

Hong Kong BN(O) Visa Decision & Conditions

As above, you can be granted either 30 months or 5 years under the Hong Kong BN(O) visa route, depending on the length for which you have applied.

You will not be able to access public funds. However, you can undertake work (including self-employment and voluntary work) except for employment as a professional sportsperson (including as a sports coach). You can also study, but you may require an ATAS Certificate depending on your course of study.

Refusal of a Hong Kong BN(O) Visa Application

If the application is refused, it is possible to apply for an Administrative Review to challenge the decision, but there is no right of appeal. If you have been refused, we can review the reasons for refusal and advise you as to the merits of an administrative review.

Dependants of Hong Kong BN(O)s

Dependants of BN(O)s can also apply with the main applicant, and where the dependants may be over 18, it may still be possible to successfully apply. Our Hong Kong visa solicitors would advise of this on a case by case basis.

Frequently asked questions about Hong Kong BN(O) Visa for BNO Status Holders

Can I apply for the BN(O) Visa if my BN(O) passport is expired?

You can apply for a Hong Kong British national (overseas) visa with an expired passport, provided you can evidence your BN(O) status. The Home Office will accept expired passports or other official documents confirming registration as a British National (Overseas) under the Hong Kong (British Nationality) Order 1986.

Am I eligible to apply for the Hong Kong BN(O) Visa simply by holding BN(O) status, or are there other mandatory criteria?

BN(O) status is necessary but not sufficient. Applicants must also satisfy ordinary residence requirements, demonstrate adequate maintenance and accommodation, and provide a TB certificate if applicable. Eligibility depends on meeting all statutory conditions, not BN(O) status alone.

Do I need a valid BN(O) passport to apply, or can I use an expired one or other proof of my status?

A valid passport is preferable, but the Home Office may accept an expired BN(O) passport or alternative evidence confirming your BN(O) registration. Any document provided must clearly demonstrate your status under the Hong Kong (British Nationality) Order 1986.

What is the “ordinary residence” requirement for a BN(O) Status Holder, and how do I prove I meet it?

Ordinary residence means living habitually in a particular place for a settled purpose, apart from temporary absences. Applicants must provide evidence such as rental agreements, utility bills, or other documentation showing that they have a regular and established life in Hong Kong or the UK.

What are the financial requirements I must prove, and is this different if I’ve been living in the UK for 12 months?

Applicants who have lived in the UK for 12 months automatically meet the maintenance requirement. Others must show they can support themselves and accommodate dependants without recourse to public funds for six months, using income, savings, or credible third-party support to satisfy the Home Office formula.

Can my non-BN(O) spouse/partner and dependent children apply as my dependants?

Yes. Spouses, partners, and dependent children can apply as dependants alongside the main BN(O) applicant. Adult dependants over 18 may also be eligible if they rely on the sponsor, subject to Home Office suitability and maintenance requirements.

Can my parents or grandparents apply as Adult Dependent Relatives (ADR) under my BN(O) Status Holder visa?

Adult relatives may apply under the ADR route if they require long-term care from the BN(O) sponsor. Applicants must meet all suitability requirements, including maintenance and accommodation standards, and provide evidence that they cannot be reasonably cared for in their home country.

What are the work rights and study rights granted under the BN(O) Visa for a Status Holder?

BN(O) visa holders are permitted to work, including self-employment and voluntary work, but not as professional sportspersons. They can also study in the UK, though some courses may require an ATAS certificate. Hong Kong dependent visa holders may live, work, and study freely within these restrictions.

How long is the processing time for a BN(O) Visa application made by a Status Holder?

Processing times vary. Online applications from outside the UK typically take a few weeks, while paper applications or complex cases may take longer. The Home Office aims to process applications promptly, but timing can depend on supporting documentation and applicant circumstances.

What documents are essential to prove my BN(O) Status and identity if I cannot locate my old passport?

If your BN(O) passport is unavailable, other evidence such as registration certificates or previous Home Office correspondence confirming BN(O) status may be accepted. All documents must clearly demonstrate that you were registered as a British National (Overseas) before 1 July 1997.

How much is the main application fee for the BN(O) Visa?

The BN(O) visa application fee is £180 for a 30-month visa or £250 for a 5-year visa. In addition, the Immigration Health Surcharge is payable: £1,560 for 30 months or £3,120 for 5 years, at the time of application.

How long can I stay in the UK with the BN(O) Visa?

Hong Kong employment visa holders may stay in the UK for either 30 months or 5 years, depending on the visa applied for. During this period, they may work, study, and reside in the UK, with a clear pathway to settlement and eventual indefinite leave to remain.

Applying for a BN(O) visa? Our Hong Kong visa solicitors can help.

We are committed to supporting businesses and individuals as they adapt to the changes that the UK’s new immigration system will bring. We will work with you from initial consultation to delivery, to ensure your Hong Kong working visa application process is as stress-free as possible.

For further information and a free telephone consultation, call our London or Croydon legal offices today on 0208 681 5128 and speak to one of our senior immigration lawyers.