New Points Based Immigration System – British Nationals (Overseas)

On 22 October 2020 the Government laid out 500 pages of new Immigration Rules, which will form the basis of our new Points Based Immigration System. Most of the changes will apply to non-EU nationals from 1 December 2020 and to EU citizens arriving in the UK from 1 January 2021. This article forms part of a series taken from our October edition of Employment and Immigration Law Update covering the latest changes to the rules. In this article the Immigration Team looks at the impact of the changes on Hong Kongers seeking British National (Overseas) status, with the overarching changes to the system covered here.

Appendix Hong Kong British National (Overseas) has now been published. There are two distinct visa routes – the BN(O) Status Holder route and the BN(O) Household Member route will be available from 31 January 2021.

The BN(O) Status Holder route is for those BN(O)s who are ordinarily resident in Hong Kong or the UK. The applicant will be able to apply for their dependents, including partners and children under 18, to accompany them under this route.

The BN(O) Household Member route enables children of a BN(O), who are over the age of 18 and born on or after 1 July 1997, to apply in their own right. Applicants are also able to apply for their dependent partners and children to accompany them, providing they form part of the same household.

There is no set financial requirement to qualify, just that the applicant can adequately maintain and accommodate themselves in the UK without recourse to public funds. If the applicant has lived in the UK for more than 12 months at the time of the application, they are automatically deemed to have met this requirement.

It will cost £180 for a two and a half year visa and £250 for a five year visa. The applicant and each dependent will also have to pay the immigration health surcharge.

This article is from the October 2020 issue of Employment and Immigration Law Update, our monthly newsletter for HR professionals. To download the latest issue, please visit the newsletter section of our website. For more details regarding any of the matters covered in this update, please contact a member of our Immigration Team.