^{Updated: 24 November 2020}

The UK government has created an immigration route called Leave Outside The Rules (LOTR) for Hong Kongers who want to live and work in the UK before the BNO visa process begins from 31 January 2021. 

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LOTR is for ‘exceptional circumstances’, when someone cannot use any of the other types of visa. It can be applied for at the border or if you are already in the UK. Applications are decided on a case-by-case basis by Border Force officers, who have to power to refuse if they have good reason.

If granted, LOTR would allow you and your dependants to live, work and study in the UK for 6 months until you can apply for the main BNO visa process. 

LOTR would not entitle you to public funds. The government advises applicants to have health and travel insurance. If applying from inside the UK, there is a fee and an Immigration Health Surcharge of £200.

Leave Outside The Rules (LOTR) ⦁ 申請LOTR嘅條件

To be considered for LOTR you have to show:

1. A valid passport to prove your identity.
2. That you hold BNO status. A valid BNO passport is not essential because Border Force officers may be able to search internal records. If you have current or expired BNO passports, bring them with you as this may speed up the process.
3. Evidence of links to any dependants you are bringing.
4. That you can accommodate and support yourself financially for the period in the UK until you are able to apply for the BNO Visa. Example evidence includes: an offer of accommodation from family or friends, bank statements that show savings, evidence of income that will continue while in the UK, investment details, offers of employment in the UK, income from a partner or family member.
5. Evidence you are a Hong Kong resident (or UK resident if already in the country on another visa). Example evidence includes: a Hong Kong ID or medical card, letter from employer, letter from local council or government, educational records, tax records, voter’s card, immigration documents such as a visa or residence permit, records of rent or mortgage.

The example proofs given above are not exhaustive. The UK Border Force will consider LOTR applicants on a case-by-case basis. Serious criminal convictions might be grounds for refusal.

If you have dependants you will have to show evidence of their links to you. A dependant can be:

• Your spouse or civil partner, with marriage or civil partnership certificate.
• An unmarried partner, with evidence of living together for at least 2 years. See how an immigration lawyer interprets this here.
• Child or adult child (born on or after 1 July 1997), with birth certificate, adoption certificate or court order.
• The partner or child of an adult child (born on or after 1 July 1997) on the basis of the same kinds of evidence above.
• Other family members with ‘a high level of dependency’.

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If you are already in the UK ⦁ 如果你已經喺英國

You can apply for the BNO visa process from within the UK when it starts in January 2021. If you wish to stay in the UK until that time there are several options. You can: 

• Apply to extend your existing immigration leave. 
• Apply for another immigration route, including ones where normally you would have to apply from your home country.
• Re-enter the UK after leaving and apply for LOTR at the border
• Apply for LOTR from within the UK here. If you do this you will have to pay an LOTR application fee. Your application can include adult children born after 1 July 1997 (as well as their partner and children), and other family members with ‘a high degree of dependency’ but you have to show that they currently live in the UK with you. 

‘Unjustifiably harsh consequences’ ⦁ 「不合理地嚴峻的後果」

Granting LOTR is a decision made on a case-by-case basis by Border Force officials. The official guidance for granting an LOTR is when the decision maker considers that “a refusal would result in unjustifiably harsh consequences for the applicant or their family”, while not breaching refugee convention or other obligations.

LOTR would not entitle you to public funds. The UK government does not mention that people granted LOTR could use the NHS by paying the Immigration Health Surcharge. Instead, they say that full health insurance is required. 

UK authorities will find a school place for any child 5-16 years of age living in Britain, regardless of their immigration status. Read more about how to find a school and how to join in the middle of a school year.

We strongly advise that you consult with an immigration lawyer before making any decisions in regard to going down the LOTR route.

Here is the official guidance on LOTR as related to the BNO visa process.

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This post is part of a series  ⦁ 移民英國四部曲 Step 1: Apply for the Hong Kong BNO Visa  Step 2: Limited leave to remain for 5 years Step 3 and Step 4: Settled status/British citizenship  Coming here on “Leave Outside the Rules”

_{Image:  Nils Nedel on Unsplash}