Immigration Rules Appendix Hong Kong British National (Overseas)

There are two Hong Kong British National (Overseas) routes– the BN(O) Status Holder route and the BN(O) Household Member route.

The BN(O) Status Holder route is for a British National (Overseas) status holder who is ordinarily resident in Hong Kong, the UK or the Crown Dependencies. A dependent partner and a dependent child of a British National (Overseas) status holder can apply under this route. Other family members with a high degree of dependency may also apply under this route.

The BN(O) Household Member route is for the adult child of a BN(O) status holder or of the partner of a BN(O) status holder who is aged 18 or over and born on or after 1 July 1997. The child of a BN(O) status holder’s dependent partner, dependent child and in exceptional circumstances, other family members with a high degree of dependency may apply under this route. The adult child of the partner of a BN(O) status holder may apply with their dependent partner and dependent child, and they must all form part of the same household as the British National (Overseas) status holder when they apply.

The Hong Kong British National (Overseas) routes allow work and study in the UK and are routes to settlement.

BN(O) Status Holder route

Validity requirements for Status Holder route

HK 1.1. A person applying for entry clearance or permission to stay as a BN(O) Status Holder must apply online on the gov.uk website on the specified form as follows:

Applicant	Specified form
Applicants with a chipped passport who: • hold a passport which shows they are registered as a British National (Overseas); or • hold a passport issued by the Hong Kong Special Administrative Region.	Either: • Hong Kong British National (Overseas) Visa using the UK Immigration: ID Check app (when available); or • Hong Kong British National (Overseas) Visa
Other applicants	Hong Kong British National (Overseas) Visa

HK 1.2. An application for entry clearance or permission to stay as a BN(O) Status Holder must meet all the following requirements:
1. (a) any fee and Immigration Health Charge must have been paid, unless the applicant has been granted a fee waiver; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other travel document which satisfactorily established their identity and nationality.

HK 1.3. The applicant must be aged 18 years or over on the date of application.

HK 1.4. An application which does not meet all the validity requirements for a BN(O) Status Holder may be rejected as invalid and not considered.

Suitability requirements for BN(O) Status Holder

HK 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

HK 2.2. If applying for permission to stay the applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail.

Eligibility requirements BN(O) Status Holder Entry requirements for BN(O) Status Holder

HK 3.1. A person seeking to come to the UK as a BN(O) Status Holder must apply for and obtain entry clearance as a BN(O) Status Holder before they arrive in the UK.

HK 3.2. A person applying for entry clearance as a BN(O) Status Holder must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

BN(O) Status holder requirement

HK 4.1. The applicant must be a British National (Overseas) under the Hong Kong (British Nationality) Order 1986.

Ordinary residence in Hong Kong requirement for BN(O) Status Holder

HK 5.1. An applicant applying for entry clearance must be ordinarily resident in Hong Kong at the date of application.

HK 5.2. An applicant applying for permission to stay must be in the UK, and must be ordinarily resident in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, the Isle of Man or Hong Kong on the date of application.

Financial requirement for BN(O) Status Holder

HK 6.1. If the applicant is applying for permission to stay and has been living in the UK for 12 months or more on the date of application, they will meet the financial requirement unless the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route.

HK 6.2. If the applicant is applying for entry clearance, or is applying for permission to stay and has been in the UK for less than 12 months on the date of application, or where the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route, the decision maker must be satisfied that the applicant can adequately maintain and accommodate themselves without recourse to public funds for at least 6 months.

HK 6.3. For the purposes of HK 6.2. accommodation will not be regarded as adequate if:
1. (a) it is, or will be, overcrowded; or
2. (b) it contravenes public health regulations.

HK 6.4. The applicant may rely on credible promises of future third party support.

HK 6.5. Funds must be shown as specified in Appendix Finance.

In-country tuberculosis certificate requirement for BN(O) Status Holder

HK 7.1. If the applicant is applying for permission to stay and:
1. (a) their last grant of permission was for 6 months or less; and
2. (b) the applicant was present in a country listed in Appendix Tuberculosis (TB) of these rules for more than six months immediately prior to their last grant of permission,
the applicant must provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

HK 7.2. In HK 7.1. a valid medical certificate is a certificate from an approved centre issued within the 6 months immediately before the date of application.

HK 7.3. The in-country tuberculosis requirement is met if the applicant provided a medical certificate described in HK 7.1. as part of a successful application for entry clearance in the 12 months before the date of application.

HK 7.4. The list of approved centres in the UK, updated from time to time, can be found at https://www.gov.uk/government/publications/uk-tuberculosis-test-clinics-for-hong-kong-bno.

Decision for BN(O) Status Holder

HK 8.1. If the decision-maker is satisfied that all the suitability and eligibility requirements for a BN(O) Status Holder are met, the application will be granted, otherwise the application will be refused.

HK 8.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period and conditions of grant for BN(O) Status Holder

HK 9.1. The applicant will be granted permission for either:
1. (a) a period of 5 years, where the applicant has applied for a period of 5 years; or
2. (b) a period of 30 months (plus, where the applicant has extant permission on the Hong Kong BN(O) route, the remaining period of that permission, up to a maximum of 28 days) where the applicant has applied for a period of 30 months.
HK 9.2. The permission will be granted subject to the following conditions:
1. (a) no access to public funds; and
2. (b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson (including as a sports coach); and
3. (c) study is permitted, subject to the ATAS condition in Appendix ATAS.

Dependants on the BN(O) Status Holder route

Validity requirements for a dependent partner or BN(O) Household Child on the BN(O) Status Holder route

HK 10.1. A person applying for entry clearance or permission to stay as a dependent partner or BN(O) Household Child on the BN(O) Status Holder route must apply online on the gov.uk website on the specified form as follows:

Applicant	Specified form
Applicants with a chipped passport who: - hold a passport which shows they are registered as a British National (Overseas); or - hold a passport issued by the Hong Kong Special Administrative Region; or - are EEA nationals.	Either: • Hong Kong British National (Overseas) Visa using the UK Immigration: ID Check app (when available); or • Hong Kong British National (Overseas) Visa
Other applicants	Hong Kong British National (Overseas) Visa

HK 10.2. An application for entry clearance or permission to stay as a partner or BN(O) Household Child on the BN(O) Status Holder route must meet all the following validity requirements:
1. (a) any fee and Immigration Health Charge must have been paid, unless the applicant has been granted a fee waiver; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
4. (d) when applying as a partner on the BN(O) Status Holder route, where the applicant does not currently hold, or did not last hold, permission as a partner on the BN(O) Status Holder route the applicant must be applying as a partner of a BN(O) Status Holder who:
  1. (i) has made a valid application for entry clearance or permission to stay in the UK as a BN(O) Status Holder that has not been decided; or
  2. (ii) has entry clearance or permission as a BN(O) status holder; or
  3. (iii) is both a British citizen and a BN(O) status holder.
5. (e) when applying as a BN(O) Household Child on the BN(O) Status Holder route, the applicant must be applying as a child or grandchild of a BN(O) Status Holder or of the partner of a BN(O) Status Holder who:
  1. (i) has made a valid application for entry clearance or permission to stay in the UK as a BN(O) Status Holder or as the partner of a BN(O) status Holder that has not been decided; or
  2. (ii) has entry clearance or permission as a BN(O) Status Holder or as the partner of a BN(O) Status Holder; or
  3. (iii) is both a British Citizen and a BN(O) status holder

HK 10.3. An application which does not meet all the validity requirements for a partner or BN(O) Household child on the BN(O) Status Holder route may be rejected as invalid and not considered.

Suitability requirements for a dependent partner or BN(O) Household Child on the Hong Kong BN(O) Status Holder route

HK 11.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

HK 11.2. If applying for permission to stay the applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail, except where they have been placed on such bail after making an asylum claim in the UK.

Eligibility requirements for a partner or BN(O) Household Child on the BN(O) Status Holder route

Entry requirements for a partner or BN(O) Household Child on the BN(O) Status Holder route

HK 12.1. A person seeking to come to the UK as a partner or BN(O) Household child on the BN(O) Status Holder route must apply for and obtain entry clearance as a partner or BN(O) Household child before they arrive in the UK.

HK 12.2. A person applying for entry clearance on the BN(O) Status Holder route must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Relationship requirement for dependent partner on the BN(O) Status Holder route

HK 13.1. If the applicant is applying for permission to stay and they have permission as a dependent partner on the BN(O) Status Holder route on the date of application, they will meet the relationship requirement.

HK 13.2. If the applicant is applying for entry clearance or permission to stay and they have not previously had permission as a partner on the BN(O) Status Holder route they must meet the relationship requirement in HK 13.3. to HK 13.7.

HK 13.3. The applicant must be the partner of a person (P) where one of the following applies:
1. (a) P has entry clearance or permission on the Hong Kong BN(O) route; or
2. (b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Hong Kong BN(O) route; or
3. (c) P has settlement under the Hong Kong BN(O) Route and when they obtained settlement, the applicant had permission as P’s partner at that time; or
4. (d) P is both a British citizen and a BN(O) Status Holder.

HK 13.4. The requirements of Appendix Relationship with Partner must be met.

HK 13.5. DELETED.

HK 13.6. DELETED.

HK 13.7. DELETED.

HK 13.8. DELETED.

Financial requirement for dependent partner on the BN(O) Status Holder route

HK 14.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or more on the date of application, they will meet the financial requirement unless the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route.

HK 14.2. If the applicant is applying for entry clearance or is applying for permission to stay and has been in the UK for less than 12 months on the date of application, or where the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route, the decision maker must be satisfied that the applicant or the BN(O) Status Holder are able to maintain and accommodate the applicant adequately in the UK without recourse to public funds for at least 6 months.

HK 14.3. For the purposes of HK 14.2. accommodation will not be regarded as adequate if:
1. (a) it is, or will be, overcrowded; or
2. (b) it contravenes public health regulations.

HK 14.4. The applicant or the BN(O) Status Holder may rely on credible promises of future third party support.

HK 14.5. The applicant or the BN(O) Status Holder must show that they have the required funds as specified in Appendix Finance.

Relationship requirement for BN(O) Household Child on the BN(O) Status Holder route

HK 15.1. The applicant must be:
1. (a) the child of a parent who:
  1. (i) has, or is at the same time being granted, entry clearance or permission as either a BN(O) Status Holder or the partner of a BN(O) Status Holder; or
  2. (ii) has settlement under the Hong Kong BN(O) route and when they obtained settlement the applicant had permission as their dependent child; or
  3. (iii) is both a British citizen and a BN(O) Status Holder; or
2. (b) The grandchild of a grandparent who:
  1. (i) has, or is at the same time being granted, entry clearance or permission as either a BN(O) Status Holder or the partner of a BN(O) Status Holder; or
  2. (ii) has settlement under the Hong Kong BN(O) route and when they obtained settlement the applicant had permission as their dependent grandchild; or
  3. (iii) is both a British citizen and a BN(O) Status Holder.
HK 15.2. If the applicant is applying for entry clearance or permission to stay as the grandchild of a grandparent who has, or is at the same time being granted, entry clearance or permission to stay as either a BN(O) Status Holder or the partner of a BN(O) Status Holder and the applicant has not previously had permission as a BN(O) Household Child on the BN(O) Status Holder route, they must:
1. (a) make an application at the same time as the BN(O) Status Holder who is applying for entry clearance or permission on the BN(O) Status Holder route; and
2. (b) form part of the same household as the BN(O) Status Holder on the date of application.

HK 15.3. In HK 15.2.(b) a person will form part of the same household as the BN(O) Status Holder if they normally live with the BN(O) Status Holder.

HK 15.4. Each of the applicant’s parents must either be applying at the same time as the applicant, or have permission to be in the UK (other than as a Visitor), unless:
1. (a) the parent with entry clearance or permission to stay as a BN(O) Status Holder or as a partner of a BN(O) Status Holder is the sole surviving parent; or
2. (b) the parent with entry clearance or permission to stay as a BN(O) Status Holder or as a partner of a BN(O) Status Holder has sole responsibility for the applicant’s upbringing; or
3. (c) the parent who does not have permission as a BN(O) Status Holder or as a partner of a BN(O) Status Holder –
  1. (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
  2. (ii) is or will be ordinarily resident in the UK; or
4. (d) there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the parent who has permission on the Hong Kong BN(O) route; or
5. (e) the applicant falls within HK 15.1(b) and there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the grandparent with entry clearance or permission to stay as a BN(O) Status Holder or as a partner of a BN(O) Status Holder.

HK 15.5. If the applicant is a child born in the UK to a BN(O) Status Holder or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.

Care requirement for a BN(O) Household Child on the BN(O) Status Holder route

HK 16.1. The applicant must intend to live with a parent who has permission on the BN(O) status holder route during their stay in the UK, unless they can demonstrate a valid reason why they should not live with that parent.

HK 16.2. The applicant must meet the Care Requirement for a dependent child in Appendix Children.

Age requirement for a BN(O) Household Child on the BN(O) Status Holder route

HK 17.1. The applicant must be under the age of 18 at the date of application.

Financial requirement for a BN(O) Household Child on the BN(O) Status Holder route

HK 18.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or more on the date of application, they will meet the financial requirement.

HK 18.2. If the applicant is applying for entry clearance, or is applying for permission to stay and has been in the UK for less than 12 months on the date of application, the decision maker must be satisfied that the BN(O) Status Holder or their partner is able to maintain and accommodate the BN(O) Household Child adequately in the UK without recourse to public funds for at least 6 months.

HK 18.3. For the purposes of HK 18.2 accommodation will not be regarded as adequate if
1. (a) it is or will be overcrowded; or
2. (b) it contravenes public health regulations.

HK 18.4. The BN(O) Status Holder or their partner may rely on credible promises of future third party support.

HK 18.5. The BN(O) Status Holder or their partner must show that they have the required funds as specified in Appendix Finance.

Ordinary residence in Hong Kong requirement for dependent partner or BN(O) Household Child on the BN(O) Status Holder route

HK 19.1. If the applicant is applying for entry clearance as a dependent partner or BN(O) Household Child, the applicant must be ordinarily resident in Hong Kong at the date of application.

HK 19.2. An applicant applying for permission to stay must be in the UK and must be ordinarily resident in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, the Isle of Man or Hong Kong on the date of application.

In-country tuberculosis certificate requirement for a dependent partner or BN(O) Household Child on the BN(O) Status Holder route

HK 20.1. If the applicant is applying for permission to stay and:
1. (a) their last grant of permission was for 6 months or less; and
2. (b) the applicant was present in a country listed in Appendix Tuberculosis (TB). of these rules for more than six months immediately prior to their last grant of permission,
the applicant must provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

HK 20.2. In HK 20.1. a valid medical certificate is a certificate from an approved centre issued within the 6 months immediately before the date of application.

HK 20.3. The in-country tuberculosis requirement is met if the applicant has provided a medical certificate described in HK 20.1. as part of a successful application for entry clearance in the 12 months before the date of application.

HK 20.4. The list of approved centres in the UK, updated from time to time, can be found at: https://www.gov.uk/government/publications/uk-tuberculosis-test-clinics-for-hong-kong-bno.

Decision on application for a dependent partner or BN(O) Household Child on the Hong Kong BN(O) route

HK 21.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a dependent partner or dependent BN(O) Household Child on the BN(O) Status Holder route are met the application will be granted, otherwise the application will be refused.

HK 21.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period and conditions of grant for a dependent partner or BN(O) Household Child on the BN(O) Status Holder route

HK 22.1. The partner will be granted permission for either:
1. (a) a period of 30 months (plus, where the partner has extant permission on the Hong Kong BN(O) route, the remaining period of that permission, up to a maximum of 28 days) where they have applied for a period of 30 months; or
2. (b) 5 years, if they applied for a period of 5 years.

HK 22.2. DELETED.

HK 22.3. DELETED.

HK 22.4. A BN(O) Household Child will be granted either:
1. (a) where the BN(O) Household Child is applying as the dependant of one parent or grandparent with permission as a BN(O) Status Holder or the partner of a BN(O) Status Holder, permission that ends on the same date as that parent or grandparent; or
2. (b) where the BN(O) Household Child is applying as the dependant of both parents or grandparents with permission as a BN(O) Status Holder or the partner of a BN(O) Status Holder, permission that ends on the same date as those parents or grandparents or, if different, the same date as the parent or grandparent whose permission ends latest.
HK 22.5. The grant will be subject to all the following conditions:
1. (a) no access to public funds; and
2. (b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson (including as a sports coach); and
3. (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
4. (d) DELETED.

BN(O) Household Member route

Validity requirements for the BN(O) Household Member route

HK 23.1. A person applying for entry clearance or permission to stay on the BN(O) Household Member route must apply online on the gov.uk website on the specified form as follows:

Applicant	Specified form
Applicants with a chipped passport who: - hold a passport which shows they are registered as a British National (Overseas); or - hold a passport issued by the Hong Kong Special Administrative Region; or - are EEA nationals.	Either: • Hong Kong British National (Overseas) Visa using the UK Immigration: ID Check app (when available); or • Hong Kong British National (Overseas) Visa
Other applicants	Hong Kong British National (Overseas) Visa

HK 23.2. An application for entry clearance or permission to stay on the BN(O) Household Member route must meet all the following requirements:
1. (a) any fee and Immigration Health Charge must have been paid, unless the applicant has been granted a fee waiver; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
4. (d) when applying for the first time as a BN(O) Household member, if the applicant is applying as a child of the partner of a BN(O) Status Holder and does not have, or did not last hold, permission as a dependent child on the BN(O) Status Holder route, the BN(O) Status Holder must have made a valid application for entry clearance or permission to stay in the UK on the BN(O) Status Holder route at the same time as the applicant.

HK 23.3. The applicant must have been born on or after 1 July 1997.

HK 23.4. The applicant must be aged 18 or over on the date of application.

HK 23.5. The applicant must not have or have last had permission as a BN(O) Adult Dependent Relative on the BN(O) Status Holder route.

HK 23.6. An application which does not meet the validity requirements for the BN(O) Household Member route may be rejected as invalid and not considered.

Suitability requirements for the BN(O) Household Member route

HK 24.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

HK 24.2. If applying for permission to stay the applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail, except where they have been placed on such bail after making an asylum claim in the UK.

Eligibility requirements for the BN(O) Household Member route Entry requirement for a BN(O) Household Member

HK 25.1. A person seeking to come to the UK on the BN(O) Household Member route must apply for and obtain entry clearance on the BN(O) Household Member route before they arrive in the UK.

HK 25.2. A person applying for entry clearance as a BN(O) Household member must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Relationship requirement for a BN(O) Household Member

HK 26.1. If the applicant is applying for permission to stay and they have permission on the Hong Kong British National (Overseas) route on the date of application, they will meet the relationship requirement.

HK 26.2. If the applicant is applying for entry clearance or permission to stay and they do not have permission on the Hong Kong British National (Overseas) route on the date of application, the applicant:
1. (a) must be the child of a person who is, or who was prior to their death, a British National (Overseas) under the Hong Kong (British Nationality) Order 1986; or
2. (b) must:
  1. (i) be the child of a person who is at the same time being granted permission as a partner on the BN(O) Status Holder Route; and
  2. (ii) form part of the same household as the BN(O) Status holder.

HK 26.3. In HK 26.2. a person will form part of the same household as the BN(O) Status Holder if they normally live with the BN(O) Status Holder.

Financial requirement for a BN(O) Household Member

HK 27.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or more on the date of application, they will meet the financial requirement unless the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route.

HK 27.2. If the applicant is applying for entry clearance, or is applying for permission to stay and they have been in the UK for less than 12 months on the date of application, or where the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route, the decision maker must be satisfied that the applicant, or a person who has or is being granted permission on the BN(O) Status Holder route, is able to, and will, maintain and accommodate the applicant adequately in the UK without recourse to public funds for at least 6 months.

HK 27.3. For the purposes of HK 27.2 accommodation will not be regarded as adequate if:
1. (a) it is or will be overcrowded; or
2. (b) it contravenes public health regulations.

HK 27.4. The applicant or the person on the BN(O) Status Holder route may rely on credible promises of future third party support.

HK 27.5. The applicant or the person on the BN(O) Status Holder route must show that they have the required funds as specified in Appendix Finance.

Ordinary residence in Hong Kong requirement for a BN(O) Household Member

HK 28.1. An applicant applying for entry clearance as a BN(O) Household Member must be ordinarily resident in Hong Kong on the date of application.

HK 28.2. An applicant applying for permission to stay must be in the UK and must be ordinarily resident in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, the Isle of Man or Hong Kong.

In-country tuberculosis certificate requirement for a BN(O) Household Member

HK 29.1. If the applicant is applying for permission to stay and:
1. (a) their last grant of permission was for 6 months or less; and
2. (b) the applicant was present in a country listed in Appendix Tuberculosis of these rules for more than six months immediately prior to their last grant of permission,
the applicant must provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

HK 29.2. In HK 29.1. a valid medical certificate is a certificate from an approved centre issued within the 6 months immediately before the date of application.

HK 29.3. The in-country tuberculosis certificate requirement is met if the applicant has provided a medical certificate described in HK 29.1. as part of a successful application for entry clearance in the 12 months before the date of application.

HK 29.4. The list of approved centres in the UK, updated from time to time, can be found at: https://www.gov.uk/government/publications/uk-tuberculosis-test-clinics-for-hong-kong-bno.

Decision on application for a BN(O) Household Member

HK 30.1. If the decision maker is satisfied that all the suitability and eligibility requirements on the BN(O) Household Member route are met the application will be granted, otherwise the application will be refused.

HK 30.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Conditions and period of grant for a BN(O) Household Member

HK 31.1. If the applicant is applying as the child of a BN(O) Status Holder or they already have permission on the Hong Kong British National (Overseas) route on the date of application, they will be granted permission for either:
1. a) a period of 5 years, where the applicant has applied for a period of 5 years; or
2. b) a period of 30 months (plus, where the applicant has remaining permission under the Hong Kong BN(O) route, the remaining period of that permission, up to a maximum of 28 days) where the applicant has applied for a period of 30 months.

HK 31.2. If the applicant does not have permission on the Hong Kong British National (Overseas) route on the date of application and is the child of a person who is at the same time being granted permission as a partner on the BN(O) Status Holder route, the applicant will be granted permission which ends on the same date as the permission of the BN(O) Status Holder who is part of the same household as the applicant.

HK 31.3. The grant will be subject to all the following conditions:
1. (a) no access to public funds; and
2. (b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson, including as a sports coach; and
3. (c) study is permitted, subject to the condition in Appendix ATAS.
4. (d) DELETED.

Dependants of BN(O) Household Members

Validity requirements for a dependent partner or dependent child of a BN(O) Household Member on the Hong Kong BN(O) route

HK 32.1. A person applying for entry clearance or permission to stay as a dependent partner or dependent child on the BN(O) Household Member route must apply online on the gov.uk website on the specified form as follows:

Applicant	Specified form
Applicants with a chipped passport who: - hold a passport which shows they are registered as a British National (Overseas); or - hold a passport issued by the Hong Kong Special Administrative Region; or - are EEA nationals.	Either: • Hong Kong British National (Overseas) Visa using the UK Immigration: ID Check app (when available); or • Hong Kong British National (Overseas) Visa
Other applicants	Hong Kong British National (Overseas) Visa

HK 32.2. An application for entry clearance or permission to stay as a partner or child on the BN(O) Household Member route must meet the following validity requirements:
1. (a) any fee and Immigration Health Charge must have been paid, unless the applicant has been granted a fee waiver; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
4. (d) when applying as a partner on the BN(O) Household Member route, where the applicant does not currently hold, or did not last hold, permission as a partner on the BN(O) Household Member route the applicant must be applying as a partner of a BN(O) Household Member who:
  1. (i) where HK 32.2 (d) (ii) does not apply, has made a valid application for entry clearance or permission to stay in the UK as a BN(O) Household Member that has not been decided; or
  2. (ii) where the BN(O) Household Member is the child of a BN(O) Status Holder:
    1. (aa) has made a valid application for entry clearance or permission to stay in the UK as a BN(O) Household Member that has not been decided; or
    2. (bb) has entry clearance or permission as a BN(O) Household Member
5. (e) when applying as a child on the BN(O) Household Member route, the applicant must be applying as a child of a BN(O) Household Member or of the partner of a BN(O) Household Member who:
  1. (i) where HK 32.2 (e) (ii) does not apply, has made a valid application for entry clearance or permission to stay in the UK as a BN(O) Household Member or as the partner of a BN(O) Household Member that has not been decided; or
  2. (ii) where the BN(O) Household Member is the child of a BN(O) Status Holder:
    1. (aa) has made a valid application for entry clearance or permission to stay in the UK as a BN(O) Household Member or as the partner of a BN(O) Household Member that has not been decided; or
    2. (bb) has entry clearance or permission as a BN(O) Household Member or as the partner of a BN(O) Household Member

HK 32.3. DELETED

HK 32.4. An application which does not meet the validity requirements for a dependent partner or dependent child on the BN(O) Household Member route may be rejected as invalid and not considered.

Suitability requirements for a dependent partner or child on the BN(O) Household Member route

HK 33.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

HK 33.2. If applying for permission to stay the applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail, except where they have been placed on such bail after making an asylum claim in the UK.

Eligibility requirements for a dependent partner or child on the BN(O) Household Member route

Entry requirements for a partner or child on the BN(O) Household Member route

HK 34.1. A person seeking to come to the UK as a partner or child on the BN(O) Household Member route must apply for and obtain entry clearance as a partner or child before they arrive in the UK.

HK 34.2. A person applying for entry clearance as the partner or child a BN(O) Household member must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Relationship requirements for dependent partner of a BN(O) Household Member

HK 35.1. If the applicant is applying for permission to stay and they have permission as a partner on the BN(O) Household Member route on the date of application, they will meet the relationship requirements.

HK 35.2. Where the applicant is applying for entry clearance or permission to stay and they have not previously had permission on the BN(O) Household Member route they must meet the relationship requirement as set out in HK 35.3. to HK 35.9.

HK 35.3. The applicant must be the partner of a person (P) where one of the following applies:
1. (a) P has permission on the BN(O) Household Member route; or
2. (b) P is, at the same time, applying for (and is granted) entry clearance or permission on the BN(O) Household Member route; or
3. (c) P is settled or has become a British citizen, providing P had permission on the BN(O) Household Member route when they settled and the applicant had permission as P’s partner at that time.

HK 35.4. The requirements of Appendix Relationship with Partner must be met .

HK 35.5. DELETED.

HK 35.6. DELETED.

HK 35.7. Where the BN(O) Household Member is the child of a person applying as a partner on the BN(O) Status Holder route, the applicant and the BN(O) Household Member must form part of the same household on the date of application.

HK 35.8 In HK 35.7. a person will form part of the same household as the BN(O) Household Member if they normally live with the BN(O) Household Member.

HK 35.9. DELETED.

Financial requirement for partner of a BN(O) Household Member

HK 36.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or more on the date of application, they will meet the financial requirement unless the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route.

HK 36.2. If the applicant is applying for entry clearance, or is applying for permission to stay and has been in the UK for less than 12 months on the date of application, or where the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route, the decision maker must be satisfied that the applicant, the BN(O) Household Member or a person being granted permission on the BN(O) Status Holder route is able to maintain and accommodate the applicant adequately in the UK without recourse to public funds for at least 6 months.

HK 36.3 For the purposes of HK 36.2. accommodation will not be regarded as adequate if
1. (a) it is or will be overcrowded; or
2. (b) it contravenes public health regulations.

HK 36.4. The applicant, the BN(O) Household Member or a person being granted permission on the BN(O) Status Holder route may rely on credible promises of future third party support.

HK 36.5. The applicant, the BN(O) Household Member or a person being granted permission on the BN(O) Status Holder route must show that they have the required funds as specified in Appendix Finance.

Relationship requirement for dependent child of a BN(O) Household Member

HK 37.1. The applicant must be the child of a person (P) where one of the following applies:
1. (a) P has permission on the BN(O) Household Member route; or
2. (b) P is, at the same time, applying for (and is granted) entry clearance or permission on the BN(O) Household Member route; or
3. (c) P is settled or has become a British citizen, providing P had permission on the BN(O) Household Member route when they settled, and the applicant had permission as P’s child at that time.

HK 37.3. Where neither parent of the applicant is the child of a BN(O) status holder, if the applicant is applying for entry clearance or permission to stay and they have not previously had permission as a child on the BN(O) Household Member route they must form part of the same household as the BN(O) Household Member on the date of application.

HK 37.4 In HK 37.3. a person will form part of the same household as the BN(O) Household Member if they normally live with the BN(O) Household Member.

HK 37.5. If the applicant is a child born in the UK to a BN(O) Household Member or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.

Care requirement for a dependent child of a BN(O) Household Member

HK 38.1. The applicant must intend to live with a parent who has permission on the BN(O) Household Member route during their stay in the UK, unless they can demonstrate a valid reason why they should not live with that parent.

HK 38.2. The applicant must meet the Care Requirement for a dependent child in Appendix Children.

Age requirement for a dependent child of a BN(O) Household Member

HK 39.1. The applicant must be under the age of 18 at the date of application.

Financial requirement for child of a BN(O) Household Member

HK 40.1. If the applicant is applying for permission to stay and has been living in the UK for 12 months or more on the date of application, they will meet the financial requirement unless the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route.

HK 40.2. If the applicant is applying for entry clearance, or is applying for permission to stay and has been in the UK with permission for less than 12 months on the date of application, or where the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route, the decision maker must be satisfied that the BN(O) Household Member, their partner or a person who is being granted permission on the BN(O) Status Holder route is able to and will maintain and accommodate the applicant adequately in the UK without recourse to public funds for at least six months.

HK 40.3. For the purposes of HK 40.2. accommodation will not be regarded as adequate if
1. (a) it is or will be overcrowded; or
2. (b) it contravenes public health regulations.

HK 40.4. The BN(O) Household Member, their partner or a person with permission on the BN(O) Status Holder route may rely on credible promises of future third party support.

HK 40.5. The BN(O) Household Member, their partner or a person with permission on the BN(O) Status Holder route must show that they have the required funds as specified in Appendix Finance.

Ordinary residence in Hong Kong requirement for partner or child of a BN(O) Household Member

HK 41.1. If the applicant is applying for entry clearance as a dependent partner or child the applicant must be ordinarily resident in Hong Kong at the date of application.

HK 41.2. An applicant applying for permission to stay must be in the UK and must be ordinarily resident in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, the Isle of Man or Hong Kong on the date of application.

In-country tuberculosis requirement for partner or child of a BN(O) Household Member

HK 42.1. If the applicant is applying for permission to stay and:
1. (a) their last grant of permission was for 6 months or less;
2. (b) the applicant was present in a country listed in Appendix Tuberculosis of these rules for more than six months immediately prior to their last grant of permission,
the applicant must provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

HK 42.2. In HK 42.1. a valid medical certificate is a certificate from an approved centre issued within the 6 months immediately before the date of application.

HK 42.3. The in-country tuberculosis requirement is met if the applicant provided a medical certificate described in HK 42.1. as part of a successful application for entry clearance in the 12 months before the date of application.

HK 42.4. The list of approved centres in the UK, updated from time to time, can be found at: https://www.gov.uk/government/publications/uk-tuberculosis-test-clinics-for-hong-kong-bno.

Decision on application for a dependent partner or child of a BN(O) Household Member on the Hong Kong BN(O) route

HK 43.1. If the decision maker is satisfied that all the suitability and eligibility requirements for the dependent partner or dependent child on the BN(O) Household Member route are met the application will be granted, otherwise the application will be refused.

HK 43.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period and conditions of grant for a dependent partner or child of a BN(O) Household Member

HK 44.1. The partner will be granted permission for either:
1. (a) a period of 30 months (plus, where the partner has extant permission on the Hong Kong BN(O) route, the remaining period of that permission, up to a maximum of 28 days) where they have applied for a period of 30 months; or
2. (b) 5 years, if they applied for a period of 5 years.

HK 44.2. DELETED.

HK 44.3. DELETED.

HK 44.4. A child on the BN(O) Household Member route will be granted either:
1. (a) where the child is applying as the dependant of one parent with permission as a BN(O) Household Member or the partner of a BN(O) Household Member, permission that ends on the same date as that parent; or
2. (b) where the child is applying as the dependant of both parents with permission on the BN(O) Household Member route, permission that ends on the same date as those parents or, if different, the same date as the parent whose permission ends latest.
HK 44.5. The grant will be subject to all the following conditions:
1. (a) no access to public funds; and
2. (b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson (including as a sports coach); and
3. (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
4. (d) DELETED.

Adult Dependent Relative on the Hong Kong British National (Overseas) route

Validity Requirements for a BN(O) Adult Dependant Relative

HK 45.1. A person applying for entry clearance or permission to stay as a BN(O) Adult Dependant Relative on the Hong Kong British National (Overseas) route must apply online on the gov.uk website on the specified form as follows:

Applicant	Specified form
Applicants with a chipped passport who: - hold a passport which shows they are registered as a British National (Overseas); or - hold a passport issued by the Hong Kong Special Administrative Region; or - are EEA nationals.	Either: • Hong Kong British National (Overseas) Visa using the UK Immigration: ID Check app (when available); or • Hong Kong British National (Overseas) Visa
Other applicants	Hong Kong British National (Overseas) Visa

HK 45.2. An application for entry clearance or permission to stay as a BN(O) Adult Dependent Relative on the Hong Kong British National (Overseas) route must meet all the following validity requirements:
1. (a) any fee and Immigration Health Charge must have been paid, unless the applicant has been granted a fee waiver; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other travel document which satisfactorily established their identity and nationality.

HK 45.3. The applicant must be aged 18 years or over on the date of application.

HK 45.4. The applicant must be the parent, grandparent, brother, sister, son or daughter of a person who is:
1. (a) a BN(O) status holder who has entry clearance or permission to stay under the BN(O) Status Holder route or who has made a valid application for such entry clearance or permission to stay; or;
2. (b) the dependent partner (“DP”) of a BN(O) Status Holder, where the DP has entry clearance or permission to stay under the BN(O) Status Holder route or has made a valid application for such entry clearance or permission to stay; or
3. (c) the child of a BN(O) status holder who has entry clearance or permission to stay under the BN(O) Household Member route or who has made a valid application for such entry clearance or permission to stay; or
4. (d) the dependent partner (“DP”) of a child of a BN(O) status holder, where the DP has entry clearance or permission under the BN(O) Household Member route or has made a valid application for such entry clearance or permission to stay; or
5. (e) both a British citizen and a BN(O) status holder.

HK 45.5. An application which does not meet the validity requirements for a BN(O) Adult Dependent Relative on the Hong Kong British National (Overseas) route may be rejected as invalid and not considered.

Suitability Requirements for a BN(O) Adult Dependent Relative

HK 46.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

HK 46.2. If applying for permission to stay the applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail, except where they have been placed on such bail after making an asylum claim in the UK.

Eligibility Requirements for a BN(O) Adult Dependent Relative

Entry requirements for a BN(O) Adult Dependent Relative

HK 47.1. A person seeking to come to the UK as a BN(O) Adult Dependent Relative on the Hong Kong British National (Overseas) route must apply for and obtain entry clearance as a BN(O) Adult Dependant Relative before they arrive in the UK.

HK 47.2. A person applying for entry clearance as a BN(O) Adult Dependent Relative on the Hong Kong British National (Overseas) route must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Relationship requirement for a BN(O) Adult Dependent Relative

HK 48.1. If the applicant is applying for permission to stay and they have permission as a BN(O) Adult Dependent Relative on the Hong Kong British National (Overseas) route on the date of application, they will meet the relationship requirement.

HK 48.2. Where the applicant is applying for entry clearance or permission to stay, and they have not previously had permission on the Hong Kong BN(O) route they must be the parent, grandparent, brother, sister, son, or daughter of a person who is:
1. (a) a BN(O) status holder who has entry clearance or permission to stay under the BN(O) Status Holder route or who has made a valid application for such entry clearance or permission to stay; or
2. (b) the dependent partner (“DP”) of a BN(O) status holder, where the DP has entry clearance or permission to stay under the BN(O) Status Holder route or has made a valid application for such entry clearance or permission to stay; or
3. (c) the child of a BN(O) status holder who has entry clearance or permission to stay under the BN(O) Household Member route or who has made a valid application for such entry clearance or permission to stay; or
4. (d) the dependent partner (“DP”) of a child of a BN(O) status holder, where the DP has entry clearance or permission under the BN(O) Household Member route or has made a valid application for such entry clearance or permission to stay; or
5. (e) both a British citizen and a BN(O) status holder.

HK 48.3. Where the applicant is the parent or grandparent of a BN(O) Status Holder or of the partner of a BN(O) Status Holder or of the child of a BN(O) status holder applying on the BN(O) Household Member route or of the partner of a child of a BN(O) status holder applying on the BN(O) Household Member route, the applicant must not be in a subsisting relationship with a partner unless:
1. (a) that partner is also the parent or grandparent of the BN(O) Status Holder or of the partner of a BN(O) Status Holder or of the child of a BN(O) status holder applying on the BN(O) Household Member route or of the partner of a child of a BN(O) status holder applying on the BN(O) Household Member route; and
2. (b) that partner is applying for entry clearance or permission to stay at the same time as the applicant.

Dependency requirement for a BN(O) Adult Dependent Relative

HK 49.1. If the applicant is applying for permission to stay and they have permission as a BN(O) Adult Dependent Relative on the Hong Kong British National (Overseas) route on the date of application, they will meet the dependency requirement.

HK 49.2 Where the applicant is applying for entry clearance or permission to stay, and they have not previously had permission on the Hong Kong BN(O) route the applicant must:
1. (a) as a result of age, illness or disability require long-term personal care to perform everyday tasks; and
2. (b) DELETED
3. (c) be unable, even with the practical and financial help of the BN(O) Status Holder or the partner of the BN(O) Status Holder or the BN(O) Household Member or the partner of the BN(O) Household Member, to obtain the required level of help in Hong Kong, if the BN(O) Status Holder or the partner of the BN(O) Status Holder or the BN(O) Household Member or the partner of the BN(O) Household Member moves to the UK, either because the help:
  1. (i) is not available, and there is no person in Hong Kong who can reasonably provide it; or
  2. (ii) is not affordable.

HK 49.3 DELETED.

HK 49.4. Where the applicant and their partner are the parents or grandparents of the BN(O) Status Holder, or of the partner of the BN(O) Status Holder, or of the BN(O) Household Member, or of the partner of the BN(O) Household Member, the applicant, or their partner, must:
1. (a) as a result of age, illness or disability require long-term personal care to perform everyday tasks; and
2. (b) be unable, even with the practical and financial help of the BN(O) Status Holder or the partner of the BN(O) Status Holder or the BN(O) Household Member or the partner of the BN(O) Household Member, to obtain the required level of help in Hong Kong if the BN(O) Status Holder or the partner of the BN(O) Status Holder or the BN(O) Household Member or the partner of the BN(O) Household Member moves to the UK either because the help:
  1. (i) is not available and there is no person in Hong Kong who can reasonably provide it; or
  2. (ii) is not affordable.

Financial requirement for a BN(O) Adult Dependent Relative

HK 50.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or more on the date of application, they will meet the financial requirement unless the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route.

HK 50.2. If the BN(O) Adult Dependent Relative is applying for entry clearance, or is applying for permission to stay and has been in the UK for less than 12 months on the date of application, or where the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route, the decision maker must be satisfied that the BN(O) Status Holder or their partner or the BN(O) Household Member or their partner is able to and will maintain and accommodate the BN(O) Adult Dependent Relative adequately in the UK without recourse to public funds for at least 6 months.

HK 50.3 For the purposes of HK 50.2. accommodation will not be regarded as adequate if:
1. (a) it is or will be overcrowded; or
2. (b) it contravenes public health regulations.

HK 50.4. The BN(O) Status Holder or their partner or the BN(O) Household Member or their partner may rely on credible promises of future third party support.

HK 50.5. The BN(O) Status Holder or their partner or the BN(O) Household Member or their partner must show that they have the required funds as specified in Appendix Finance.

Ordinary residence in Hong Kong requirement for a BN(O) Adult Dependent Relative

HK 51.1. If the applicant is applying for entry clearance as a BN(O) Adult Dependent Relative the applicant must be ordinarily resident in Hong Kong on the date of application.

HK 51.2. An applicant applying for permission to stay must be in the UK and must be ordinarily resident in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, the Isle of Man or Hong Kong on the date of application.

In-country tuberculosis certificate requirement for a BN(O) Adult Dependent Relative

HK 52.1. If the applicant is applying for permission to stay and:
1. (a) their last grant of permission was for 6 months or less; and
2. (b) the applicant was present in a country listed in Appendix Tuberculosis of these rules for more than six months immediately prior to their last grant of permission,
the applicant must provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

HK 52.2. In HK 52.1. a valid medical certificate is a certificate from an approved centre issued within the 6 months immediately before the date of application.

HK 52.3. The in-country tuberculosis requirement is met where the applicant provided a medical certificate described in HK 52.1. as part of a successful application for entry clearance in the 12 months before the date of application.

HK 52.4. The list of approved centres in the UK, updated from time to time, can be found at: https://www.gov.uk/government/publications/uk-tuberculosis-test-clinics-for-hong-kong-bno.

Decision on application as a BN(O) Adult Dependent Relative

HK 53.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a BN(O) Adult Dependent Relative are met the application will be granted, otherwise the application will be refused.

HK 53.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period and conditions of grant for a BN(O) Adult Dependent Relative

HK 54.1. The BN(O) Adult Dependent Relative will be granted permission for either:
1. (a) a period of 30 months (plus, where the applicant has extant permission under the Hong Kong BN(O) Route, the remaining period of that permission, up to a maximum of 28 days) where they have applied for a period of 30 months; or
2. (b) 5 years, if they have applied for a period of 5 years.

HK 54.2. DELETED.

HK 54.3. The grant will be subject to all the following conditions:
1. (a) no access to public funds; and
2. (b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson, including as a sports coach; and
3. (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
4. (d) DELETED.

Settlement on the Hong Kong BN(O) route

Validity requirements for Settlement on the Hong Kong BN(O) route

HK 55.1. A person applying for settlement on the Hong Kong BN(O) route must apply online on the gov.uk website on the specified form as follows:

Applicant	Specified form
− All applicants	• Set (O) form

HK 55.2. An application for settlement on the Hong Kong BN(O) route must meet all the following requirements:
1. (a) any fee must have been paid; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality;
4. (d) the applicant must have, or have last had, permission on the Hong Kong BN(O) route; and
5. (e) the applicant must be in the UK.

HK 55.3. An application which does not meet the validity requirements for settlement on the BN(O) route may be rejected as invalid and not considered.

Suitability requirements for settlement on the Hong Kong BN(O) route

HK 56.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

HK 56.2. The applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail, except where they have been placed on such bail after making an asylum claim in the UK.

Eligibility Requirements for Settlement on the Hong Kong BN(O) route

Relationship requirement for settlement as a dependent child on the Hong Kong BN(O) route

HK 57.1. Where the applicant is under 18 on the date of application the additional requirements in HK 57.2. to HK 57.4. must be met.

HK 57.2. The applicant must have last been granted permission as a dependent child on the Hong Kong BN(O) route.

HK 57.3 The applicant’s parent must:
1. (a) at the same time, be being granted settlement on the Hong Kong BN(O) route; or
2. (b) be settled or a British citizen.
HK 57.4. The applicant’s other parent (who is not the parent in HK 57.3.) must be being granted settlement at the same time, or be settled or a British citizen, unless:
1. (a) the parent in HK 57.3. is the applicant’s sole surviving parent; or
2. (b) the parent in HK 57.3. has sole responsibility for the applicant’s upbringing; or
3. (c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant settlement.

Care requirement for settlement as a dependent child on the Hong Kong BN(O) route

HK 58.1. The applicant must meet the Care Requirement for a dependent child in Appendix Children.

Relationship requirement for settlement as an adult dependant relative on the Hong Kong BN(O) route

HK 59.1. Where the applicant has or last had permission as an adult dependant relative on the Hong Kong BN(O) route, they must be the parent, grandparent, brother, sister, son or daughter of a person who:
1. (a) last had permission as a BN(O) Status Holder or the partner of a BN(O) Status Holder or the BN(O) Household Member or the partner of the BN(O) Household Member and who is at the same time being granted settlement on the Hong Kong BN(O) route; or
2. (b) is settled and whose last grant of permission prior to settlement was as a BN(O) Status Holder or the partner of a BN(O) Status Holder or the BN(O) Household Member or the partner of the BN(O) Household Member; or
3. (c) is a British citizen.

English language requirement for settlement on the Hong Kong BN(O) route

HK 60.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.

HK 60.2. The applicant must show they meet the English Language requirement as specified in Appendix English Language.

Knowledge of Life in the UK requirement for settlement on the Hong Kong BN(O) route

HK 61.1. If the applicant is aged 18 or over, and under 65 on the date of application, they must meet the Knowledge of Life in the UK requirement as specified in Appendix KOL UK.

Qualifying period for settlement on the BN(O) route

HK 62.1. The applicant must have spent a continuous period of 5 years with permission in the UK on a route under which a person can settle, of which the most recent grant of permission must have been on the Hong Kong BN(O) route.

Continuous Residence requirement for settlement on the Hong Kong BN(O) route

HK 63.1. The applicant must meet the continuous residence requirement as specified in Appendix Continuous Residence during the period in HK 62.1.

Decision on an application for settlement on the Hong Kong BN(O) route

HK 64.1. If the decision maker is satisfied all the suitability and eligibility requirements for settlement are met the applicant will be granted settlement.

HK 64.1A. If the requirements for settlement are not met, but the decision maker believes the applicant is likely to meet all the suitability and eligibility requirements for permission to stay under Appendix Hong Kong BN(O) (based on the route under which they have or last had permission), the application will be varied by the Secretary of State to an application for permission to stay on that route. Where this happens:
1. (a) no additional application fee for permission to stay will be required and the settlement application fee will not be refunded; and
2. (b) the Secretary of State will write to the applicant informing them of this variation and if required will request the applicant pay any Immigration Health Charge.

HK 64.1B If the applicant does not pay the requested Immigration Health Charge, the application for permission to stay will be rejected as invalid.

HK 64.1C. Where an applicant is granted permission to stay it will be granted for 30 months and subject to the following conditions:
1. (a) no access to public funds; and
2. (b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson (including as a sports coach); and
3. (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
4. (d) DELETED.

HK 64.1D. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement or permission to stay, the application for settlement will be refused.

HK 64.2. If the application is refused, a request can be made for an Administrative Review under Appendix AR: Administrative Review.

Variation of no access to public funds condition

HK 65.1 A person in the UK with permission on the Hong Kong BN(O) route may have that permission varied to remove a no access to public funds condition where the decision maker is satisfied that:
1. (a) the applicant is destitute, as defined in section 95 of the Immigration and Asylum Act 1999, or is at risk of imminent destitution; or
2. (b) there are reasons relating to the welfare of a relevant child which outweigh the considerations for maintaining the condition (treating the best interests of a relevant child as a primary consideration); or
3. (c) the applicant is facing exceptional circumstances affecting their income or expenditure.

HK 65.2. For the purposes of HK 65.1, ‘relevant child’ means a person who:
1. (i) is under the age of 18 years at the date of application; and
2. (ii) it is clear from the information provided by the applicant, is a child who would be affected by a decision to impose or maintain the no access to public funds condition.

HK 65.3. Where an applicant is applying for further permission on the Hong Kong BN(O) route for 30 months and has previously had their permission varied to remove a no access to public funds condition under HK65.1, the decision maker may grant further permission without such a condition where they are satisfied that the applicant continues to meet the requirements set out in HK 65.1.

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