From January 2021 the UK will provide a ‘Hong Kong British National (Overseas) visa’ for BN(O) citizens and their close family members.
If you are a BN(O) citizen you are able to remain in the UK as a visitor without a visa for up to 6 months. However, in accordance with immigration rules, as a visitor you do not have the right to live, work or study long-term in the UK.
It is recommended that you obtain travel or health insurance, since you will not have access to public funds and must therefore pay for most of your healthcare.
If you are ineligible to enter the UK under an existing immigration route, Border Force officials may grant you and your accompanying dependants ‘Leave Outside the Rules’ at the UK border for a period of up to 6 months. You can then apply for the Hong Kong BN(O) visa from within the UK when it becomes available.
To be considered, you will need to show evidence of:
You will also need to show evidence of any family links to non-BN(O) dependants if you are travelling together to the UK as a family unit. A dependant is any of the following:
You will need show a valid passport as proof of identity.
To prove your BN(O) citizen status you can use a valid or expired BN(O) citizen passport.
If you do not have a BN(O) passport the Home Office may be able to check your status by looking at your records.
To be eligible for ‘Leave Outside the Rules’ you must usually reside in Hong Kong or the UK. Residence can be proved by showing:
This is not a definitive list. Other forms of evidence may be considered on a case-by-case basis.
You will need to show that you can financially support and provide accommodation for yourself and any dependants for at least 6 months.
You can show this with:
This is not a definitive list. Other forms of evidence may be considered on a case-by-case basis.
You will need to show evidence of your dependant’s relationship to yourself.
If they’re your spouse or civil partner
You will need to show a marriage or civil partnership certificate.
If they’re your unmarried partner
You will usually need to demonstrate that you have been living together in a relationship, similar to a marriage or civil partnership, for at least 2 years.
If they’re your child or adult child
You will need to provide evidence that you are their parent, adopted parent, or guardian by either:
If they’re the partner or child under the age of 18 of your adult child (born on or after 1 July 1997)
You will need to show evidence of their partner’s relationship in the form of a marriage or civil partnership certificate.
If they are unmarried, they will need to show that they have been living together in a relationship similar to a marriage or civil partnership for at least 2 years.
Where they have dependent children under the age of 18, they will need to provide evidence that they are the parent, adopted parent, or guardian by either:
What you can and cannot do
If you have ‘Leave Outside the Rules’ you and your dependants can:
You cannot:
If you are already in the UK, you can apply for the Hong Kong BN(O) visa from when it opens for applications in January 2021. If you were granted ‘Leave Outside the Rules’ at the UK border when you arrived you can also apply.
If your existing immigration leave expires before January 2021 and you want to stay in the UK before applying for the Hong Kong BN(O) visa, you can:
You will need to reach the requirements of the route you are applying for and pay any relevant application fee.
Applying for ‘Leave Outside the Rules’ from within the UK
‘Leave Outside the Rules’ can be applied for up to 6 months after arrival in the UK.
After submitting your application you can remain in the UK on the terms of your existing immigration leave until you receive a decision on your application.
You will need to pay the ‘Leave Outside the Rules’ application fee.
You will need to pay a 6-month immigration health surcharge.
When your ‘Leave Outside the Rules’ application has been granted, you and your dependants can:
You cannot:
Because of coronavirus (COVID-19), your application may take longer than usual to be processed. If a decision has not been made on your ‘Leave Outside the Rules’ application before the Hong Kong BN(O) visa opens for applications in January 2021, any fees or charges paid will be refunded.
To be considered, you will need to prove:
You must also provide evidence of any non-BN(O) dependants’ family links to you and show that they are currently with you in the UK. A dependant is either a:
A valid passport is required as proof of identity.
To prove your BN(O) citizen status you can use a valid or expired BN(O) citizen passport.
If you do not have a BN(O) passport the Home Office may be able to check your status by looking at your records.
To be eligible for ‘Leave Outside the Rules’ you must usually live in Hong Kong or the UK. Residence can be proved by one of the following:
This is not a definitive list. Other forms of evidence may be considered on a case-by-case basis.
Currently in the UK
To be eligible for ‘Leave Outside the Rules’ in-country, you will need to show that you are currently in the UK by showing the evidence set out above in ‘Hong Kong or UK residence’.
You will need to show that you can financially support and provide accommodation for yourself and any dependants for at least 6 months.
You can show this with:
This is not a definitive list. Other forms of evidence may be considered on a case-by-case basis.
You will need to show evidence your relationship to the dependant.
A a marriage or civil partnership certificate must be shown.
If you are unmarried, you will need to show that you have been living together in a relationship similar to a marriage or civil partnership for at least 2 years.
You will need to prove that you are their parent, adopted parent, or guardian using one of the following:
You will need to show evidence of their partner’s relationship, including a marriage or civil partnership certificate.
If they are unmarried, they will need to show that they have been living together in a relationship similar to a marriage or civil partnership for at least 2 years.
Where they have dependent children under the age of 18, evidence must be shown that they are the parent, adopted parent, or guardian, such as:
When you have applied for ‘Leave Outside the Rules’ you do not need to contact us again. We will get in touch to inform you of the outcome.
If you applied with valid immigration leave, you will not be treated as an overstayer or be detrimentally treated in any future immigration applications while your application is being considered.
2024 Temple Gate Solicitors. All Rights Reserved
