Audio summaries in Cantonese are by Ying Goi Dim.

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Time limits ⦁ 有簽證後要幾時入境？

Assuming a BNO holder submits a successful application once the process starts in 2021, what time period would they have after the visa being granted to make the move? Would the visa expire after a certain time? 

Unfortunately, we don’t yet have this information. We are only aware that they are implementing a new application process and a “digital visa” will be issued. If this is like other immigration routes, ordinarily the initial entry clearance only provides you with 30 days to travel to the UK (90 days during COVID-19). Within 10 days of arrival in the UK, you must collect your biometric residence permit (BRP) from your selected Post Office and if required, within 7 days of arrival, register with the Police. If you do not travel within 30 days the current process is to apply for a transfer of vignette. It is not clear what the process will be for the Hong Kong BN(O) visa. 

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Leave Outside The Rules ⦁ LOTR只可以落地申請？

Some unmarried couples where only one is a BNO holder are nervous of being able to prove their relationship has endured for more than two years. What kinds of evidence are accepted in similar situations?

Unmarried partners must show that they have been living together in a relationship similar to a marriage or civil partnership for at least 2 years. For other unmarried partner routes the Home Office has the below requirement.

You must provide at least 6 items of correspondence, addressed to you and your partner jointly or in both your names. The dates of the items of correspondence should be spread evenly over the whole 2 years. They should be from at least 3 different sources. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. For example – 4 items of correspondence in joint names to the same address and 2 items addressed to each partner at the address. In total 8 items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit 12 items (6 each) of correspondence evidencing that you reside together at the same address.     

Examples of acceptable evidence include:

• Letters or other documents from government departments or agencies
• Letters or other documents from your doctor, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters
• Bank statements or letters
• Building society savings books or letters, tax bills or statements
• Electricity or gas bills or statements
• Water bills or statements
• Mortgage statements or agreement, tenancy agreements
• Telephone bills

Unmarried partner applications tend to be more difficult; if in doubt, we would recommend seeking advice.

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Moving in stages ⦁ 家長可否一個陪同子女去英國，另一個喺香港？

There are some couples with children where one needs to stay in Hong Kong to fulfil commitments such as work, study or to care for relatives. Would it be possible for one parent to move with the children and the other to join later? Would there be a time limit? Would their individual BNO status make a difference to their options?

The Rules are not yet released, so it is difficult to advise. Ordinarily, both parents must be lawfully present in the UK or being granted at the same time as the child. This is to ensure that family units remain together. Therefore, if the new Rules mirror the Rules in other places, it is possible that unless one parent is the sole surviving parent, or has sole responsibility that there will need to be serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the child’s care. Therefore, if one parent wishes to remain in Hong Kong, it may not be possible for the other parent to bring the child to the UK, even with the remaining parent’s permission. We will need to analyse the Rules once they are released to confirm whether there are any requisite time limits. No children under the age of 18 will be a BNO. However, if there are dependent children over the age of 18 who are BNOs, they can apply in their own right as a main applicant.

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Options for a dependant ⦁ 有BNO嘅家長可唔可以留喺香港，送冇BNO嘅子女走？

If a BNO holder gets a visa for themselves and younger dependants, but decides not to move to the UK, could a dependant make the move on their own? Would they find themselves barred from progress to Indefinite Leave to Remain or citizenship?

This too is not clear from the Policy Statement. We will need to await the release of the new Rules. However, generally under the Immigration Rules, dependants are not able to remain in the UK if the main applicant upon whom they are dependent does not move here. If the main applicant leaves the UK, under the Rules ordinarily a dependant’s leave in the UK can be curtailed (shortened). When it comes to applying for Indefinite Leave to Remain, often the Rules make the ability of dependants to settle contingent on whether the main applicant is eligible to settle. The policy is clear that persons on the new Hong Kong BNO route will not be eligible to settle if they have absences of more than 180 days in any 12-month period in the 5 years. Without first obtaining Indefinite Leave to Remain, the dependants will not be able to meet the requirements to apply for British citizenship.

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English tests ⦁ 英文要幾好先至可以有永久居留權？

It sounds like a BNO visa holder would have to prove their level of English when applying for Indefinite Leave to Remain. Are there parallels to other ILR processes that give some guidance on what kind of test may be involved?

BNOs under the age of 65 will need to prove their level of English when applying for indefinite leave to remain. If they are required to meet the requirements in Appendix KoLL of the UK immigration rules, which most other routes are, then BNOs will need to show a minimum proficiency of level B1 of the Common European Framework of Reference for Languages. This can be met, for example, by taking an approved English language test in speaking and listening, from an approved provider at a test centre approved by the Secretary of State as a Secure English Language Test Centre no more than 2 years before the date of application. It can also be met by a Bachelor’s degree, Master’s degree or PhD taught in English. If the degrees are not from UK institutions, different certifications by the UK NARIC can be provided. It is likely that BNOs and their dependants, who are under 65, will also be required to pass the Life in the UK Test.

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Combined time ⦁ 用其他簽證喺英國住左五年喇，仲要5+1？

If a BNO holder has already been in the UK for five years, for example on a work or study visa, would they have to begin the BNO visa process from scratch, or could they move more quickly to the ILR status?

Unfortunately, it is not yet clear whether time on other routes can be combined with time spent in the UK on the Hong Kong BNO route to settle sooner. We hope to have clarification on this in due course.