New visa concession added to the Hong Kong British Nationals (Overseas) Route

A new concession has been published which will enable applicants currently inside the UK without permission to make a BN(O) application. 

Appendix Hong Kong British National (Overseas) sets out the suitability requirements applicants on this route must satisfy. Provision HK 2.2 states:

If applying for permission to stay the applicant must not be:

(a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or

(b) on immigration bail.

If a person was in the UK without leave and/or had claimed asylum and been granted immigration bail, this requirement would prevent them from accessing leave in this route.

The new concession permits applications from those on immigration bail because they have a pending asylum application. It also allows applications from applicants who have withdrawn asylum claims provided applications are submitted within a ‘reasonable’ period of the withdrawal. 

BHD’s private immigration departments in London & Croydon offer very competitive rates. If you require advice and assistance with an application, please contact our specialist team at BHD Solicitors London.