An Inspection Of The Hong Kong British National (overseas) Visa Route

9th November 2022

Introduction of Hong Kong BN(O) status.

1.1 The ‘Sino-British Joint Declaration on the question of Hong Kong' was signed by the UK government and the Government of the People's Republic of China on 19 December 1984.

1.2 The Declaration set out the conditions in which Hong Kong was to be transferred to Chinese control and for the governance of the territory after 1 July 1997. Importantly, the Declaration contained a memorandum allowing for anyone who was a British Dependent Territories citizen (BDTC),1 by virtue of their connection with Hong Kong, on 30 June 1997 to be eligible to retain an ‘appropriate status' which would entitle them to continue to use passports issued by the UK.

1.3 In 1986, the Hong Kong (British Nationality) Order2 created a British National (Overseas) (BN(O)) status. Until 1997, anyone who was a BDTC was eligible to apply for BN(O) status. The BN(O)
status application process closed on 30 June 1997 and this status cannot be passed on to family members.

The Hong Kong BN(O) visa route
1.4 In June 2020, the UK government announced the creation of the Hong Kong BN(O) visa route in response to the "...imposition by the Chinese Government of a new national security law on Hong Kong that restricts the rights and freedoms of the people of Hong Kong and constitutes a clear and serious breach of the Sino-British Joint Declaration."3

1.5 The then Foreign Secretary, Rt Hon Dominic Raab MP, in his official statement to Parliament, described the new Hong Kong BN(O) visa route as "...a special, bespoke, set of arrangements
developed for the unique circumstances we face and in light of our historic commitment to the people of Hong Kong."4

1.6 The government committed to making the new visa route generous to Hong Kong BN(O) status holders. Those seeking employment would not be subject to any minimum income
requirements, skills test, or the need to have a job prior to their arrival in the UK. For those seeking to study in the UK, a licensed sponsor5 is not compulsory, and the rules allow for dependent children over the age of 18 to accompany their parents to the UK so as not to "split family units... given the challenges linked to the timing of obtaining BN(O) status.

Read the full report HERE