Mind the gap between LOTR and the BNO visa process ⦁ LOTR喺BNO簽證接受申請前過期可以點?

Zoe Bantleman of Richmond Chambers LLP

Hong Kongers who arrived on Leave Outside the Rules (‘LOTR’) before 31 July will have a few days’ gap in their leave to remain before the BNO visa process begins on 31 January 2021. What should they do to ensure their leave to live, work and study in the UK?

We asked Zoe Bantleman, a barrister at Richmond Chambers LLP, the multi-award winning partnership of specialist immigration barristers based in the heart of Covent Garden in London. She has written extensively on British nationality and immigration law as it relates to Hong Kong. Over the years she has helped many Hong Kongers safely relocate to and settle in the United Kingdom and hopes to continue to in the future.

Audio summary in Cantonese is by Ying Goi Dim.


It looks like Hong Kongers have a gap in their immigration status. Is that true and what should they do? ⦁ 有啲香港人嘅LOTR會喺BNO簽證接受申請前過期。佢哋可以點做?

When BNOs and their dependants entered the UK, they should have been granted Leave Outside the Rules for a period of up to 6 months. Once those 6 months are over, they will be without leave; that will render them ‘overstayers’. To ensure the continuity of their leave and their ability to work and study, they need to either apply for the BNO visa, if that route is available, or otherwise apply for further Leave Outside the Rules from within the UK before the end of the six months.

There are two ways to extend LOTR:

  • Re-enter the UK after leaving. At the border they may be eligible to be granted LOTR under the same conditions as before. Remember that granting LOTR is on a case-by-case basis at the discretion of the UK Border Force Officer and is not automatic.
  • Apply for Leave Outside the Rules from within the UK. The application fee is £1,033 per person, and the Immigration Health Surcharge (IHS) is £624/per year per adult and £470/child. For a 6-month period, the application fee would remain at £1,033 per person, but the IHS would be £312 per adult, and £235 per child.

If they are remaining in the country, as long as they make a valid application before the end of their 6 months of LOTR, a provision of the law called section 3C of the Immigration Act 1971 will extend their current Leave Outside the Rules with the same conditions. This will ensure they can continue to work or study. 

When the new BNO route opens, they can then simply make a valid application under the new Hong Kong BNO Rules without withdrawing their pending application for further LOTR. This will vary the application, and their Leave Outside the Rules will continue to be extended by section 3C, to enable them to continue to work or study. 



For those who entered in late July 2020, before 31 July 2020, and were granted LOTR at the border there will only be a few days until the new route opens. Therefore, it is unlikely that any application for further LOTR will be decided before 31 January 2021, and the fees should be refunded to them. To ensure their application is not decided before 31 January 2021, they should avoid choosing any priority or super priority services, and where possible they may book any biometric appointment for after 31 January 2021.

The government website confirms, “Due to coronavirus (COVID-19), it may take longer than normal for your application to be processed. If a decision has not been made on your LOTR application before the Hong Kong BNO visa opens for applications in January 2021, we will refund any fees or charges you have paid.”

How can they prove their status during this time? ⦁ 呢段期間,佢哋可以點樣證明自己有居留、工作及上學權利

They may wish to show any employer, for example, evidence of their in-time application(s). 14 days after they have submitted their application, the employer can use the Employer Checking Service, which will provide a response in 5 days. If the employer receives a positive verification notice, this will be acceptable evidence of their right to work whilst their application is pending. 


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