British National (Overseas) (BN(O)) Visa
The British National (Overseas) (BN(O)) Visa is a special immigration route that allows BN(O) citizens from Hong Kong and their family members to live, work, and study in the UK. This visa route was introduced on 31 January 2021 in response to the imposition of the Hong Kong National Security Law by the Chinese Government. The BN(O) Visa provides a pathway to settlement and eventual British citizenship for eligible applicants.
The visa is available in two main categories: the BN(O) Status Holder Route, designed for British Nationals (Overseas) citizens, and the BN(O) Household Member Route, which applies to adult children born after 1 July 1997. Family members, including spouses, partners, children, and other dependent relatives, can also apply under these routes.
2. Questions and Answers
Q1: Who can apply for the BN(O) Status Holder visa?
A: The main applicant must be a British National (Overseas) citizen and ordinarily resident in Hong Kong, the UK, or the Channel Islands. Dependent partners, children under 18, and adult children born after 1 July 1997 can also apply under the BN(O) Household Member route.
Q2: How long is the BN(O) visa valid for?
A: Applicants can choose between a 2.5-year visa or a 5-year visa. The 2.5-year visa can be renewed for another 2.5 years, while the 5-year visa offers greater certainty and ease of management.
Q3: What are the financial requirements for the BN(O) visa?
A: Applicants must show that they can adequately maintain and accommodate themselves and their dependents in the UK for at least six months without access to public funds. If you have been in the UK for more than 12 months, this requirement may be automatically met.
Q4: Can BN(O) visa holders access public funds in the UK?
A: No, visa holders are generally not permitted to access public funds. However, if they are at risk of destitution, they may apply to remove the “no recourse to public funds” condition.
Q5: Can BN(O) visa holders apply for settlement in the UK?
A: Yes, after five years of continuous residence in the UK, BN(O) visa holders can apply for Indefinite Leave to Remain (ILR), provided they meet the English language requirement and pass the Life in the UK test.
Q6: What is the cost of the BN(O) visa?
A: The application fee is £180 for a 2.5-year visa and £250 for a 5-year visa. Applicants must also pay the Immigration Health Surcharge (IHS), which costs £1,035 per year for adults and £776 per year for children.
Q7: Can adult children born after 1 July 1997 apply for a BN(O) visa?
A: Yes, adult children born after 1 July 1997 can apply under the BN(O) Household Member route if they are part of the same household as their BN(O) parent or grandparent.
Q8: Can BN(O) visa holders work and study in the UK?
A: Yes, BN(O) visa holders are permitted to work in any profession except as a professional sportsperson or coach. They can also study in the UK, but certain subjects may require additional approval.
Q9: What happens if the BN(O) visa application is refused?
A: Applicants have the right to an internal administrative review if their visa application is refused. Legal advice is recommended for complex cases or for appealing a decision.
3. How Kaya Legal Can Assist
Kaya Legal provides expert immigration advice and assistance for individuals applying for the British National (Overseas) (BN(O)) Visa. Our team can guide you through the application process, ensuring you meet all the requirements for yourself and your family members.
We offer:
- Eligibility Assessments: We’ll help determine your eligibility under the BN(O) Status Holder or Household Member routes.
- Document Preparation: We assist with the collection of necessary documents, such as proof of residence and financial evidence, ensuring your application is complete and compliant.
- Application Submission: We handle the submission of your application to the Home Office, making the process as smooth as possible.
- Appeals and Reviews: If your application is refused, our immigration experts can advise you on appealing the decision or seeking an administrative review.
With our expert knowledge and tailored services, Kaya Legal will ensure that your BN(O) Visa application is handled with care and professionalism. Contact us today for a consultation and personalised immigration support.