ARTICLE
1 February 2023

New Pathways To The United Kingdom For Children Of BN(O) Passport Holders

HG
Harvey Law Group

Contributor

Harvey Law Group (HLG) is a leading multinational law firm headquartered in Hong Kong with over 20 offices worldwide. Founded in 1992 by Jean-François Harvey, HLG has an extensive track record and deep sector expertise in immigration law. The HLG team provides legal and advisory services to individuals and families on immigration, residency and citizenship, as well as a comprehensive range of business services for international corporations across multiple jurisdictions in Asia, North and South America, Europe, Africa and the Middle East. HLG is a Foreign Law Firm registered with the Law Society of Hong Kong Its lawyers are qualified and registered in various jurisdictions including, Québec and Ontario Bars in Canada, England & Wales, France, Thailand, Vietnam and Grenada. https://harveylawcorporation.com/
BNOs from Hong Kong and their family members are eligible to apply for a BN(O) visa which can be renewed several times.
United Kingdom Immigration

The British National Overseas immigration route offered by the United Kingdom (UK) to BNO Passport Holders (BNOs) and their families has become an increasingly popular route amongst people from Hong Kong wishing to immigrate to the UK. BNOs from Hong Kong and their family members are eligible to apply for a BN(O) visa which can be renewed several times. After living in the UK for five years, a BN(O) visa holder can apply for "indefinite leave to remain" (i.e. permanent residency) in the UK, and may apply for citizenship after a year of permanent residency, subject to meeting requirements.

One of the most notable aspects of the BN(O) immigration route is that the dependents of a BNO Passport Holders can qualify for this program without having to hold a BNO passport themselves.

Adult Children of BNOs

When the BN(O) immigration route first opened in January 2021, the program was commended for giving an opportunity for BNOs to include their spouse and children as dependents. However, one loophole was quickly criticized: it only adequately covered children over 18 years old if they lived with their BNO passport holder parent and moved to the UK with such parent. Thus, the rules deprived adult children whose parents do not intend to move to the UK or who did not live with their BNO passport holder parent of the opportunity to immigrate to the UK on the BN(O) route.

This was finally rectified through changes to the immigration rules in November 2022. Now, adult children of BNOs can apply independently – without needing their BNO passport holder parent to apply at the same time or at all. To be eligible, the adult children are required to reside in Hong Kong, the UK or the Crown Dependencies but are no longer required to live under the same roof as the BNO passport holder parent. This is significant as it directly opens the BN(O) route to many young independent 18 to 24 year olds eager to move to the UK who were previously left out. In addition, such adult children can include their partners, dependent children, and adult dependent relatives in their application and move to the UK together with them.

It is important to note that adult children of a parent who is the partner of a BNO passport holder are still required to form the same household and apply at the same time as their parent (the partner of the BNO passport holder).

Adult children born before 1 July 1997 do not benefit from the allowance, since they could have been entitled to a BNO passport themselves if it had been requested by 1997. Hence, to be eligible under the BN(O) route, they would need to fall under a different category which is much more difficult to satisfy - that of adult dependents with a high level of dependency on a BNO passport holder or their dependents applying to move to the UK.

Children of BNOs below 18 years

A minor child or grandchild of a BNO passport holder may obtain a BN(O) visa as a BN(O) Household Child. Previously, dependent children or grandchildren of a BNO passport holder had to form part of the same household and apply at the same time as their BNO passport holder parent or grandparent, respectively. This is no longer the case. Since October 2021, only grandchildren of BNOs are required to form the same household and apply at the same time as their BNO passport holder grandparent.

It is still required (subject to exceptions) that the child either applies with both parents or at least with just one parent provided that the other is already in the UK. This means that one BNO passport holder parent may go to the UK first to test the opportunity whilst the other parent and child remain in Hong Kong for a while before joining the first BNO passport holder parent who has taken the step to immigrate. This is important to avoid the stress of moving all family members at once, making it much harder to return to Hong Kong. It allows to have children finish their school year in Hong Kong before taking a big leap forward. All in all, this possibility to stagger entries to the UK allows families to organize their move better for a smoother transition. For instance, allowing partner and spouse to join the first applicant after the first applicant may have found a job and decided on where they will live.

Due to the complexity and everchanging immigration rules, we advise parents to seek professional advice on their specific circumstances to avoid falling afoul with the immigration rules and ensuring your family has a safe and seamless move to the UK.

Moving Forward

The BN(O) pathway to British citizenship continues to remain a popular option for people from Hong Kong. Since the program opened, 38,600 people from Hong Kong have applied for the program out of the estimated 5.4 million Hong Kong residents that qualify. The recent changes to the BN(O) pathway widens the scope of applicability to allow even more people from Hong Kong to qualify under the BN(O) pathway.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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