Deadline Extended for Hong Kong British National holders

The BNO visa route, which opened for applications on 31 January 2021, is for British National Overseas (“BNO”) status holders and their immediate family members who are ordinarily resident in Hong Kong or the UK.

If you are granted a BNO visa, you have the right to study and work in the UK, and this route offers a path to settlement after five years’ continuous residence in the UK.

Further to our blog published on 25 May 2021, the Home Office has updated its guidance on the BNO visa route, confirming that the deadline for entering the UK with ‘Leave Outside the Rules’ has now been extended to 19 July 2021.

What is ‘Leave Outside the Rules’?

A potential applicant under the BNO visa route, who has not yet secured the BNO visa and is not eligible to enter the UK under an existing UK immigration route, and their accompanying dependants (subject to eligibility), may be granted Leave Outside the Rules at the border by the Home Office. The applicant and their dependants can then thereafter submit their applications for the BNO visa from within the UK.

How long will you be granted Leave Outside the Rules?

You and your accompanying dependants may be granted leave for a period of up to six months.

What evidence should you provide at the border?

• Proof of your identity and British national (overseas) status
• Proof of your ordinary residence in Hong Kong or the UK
• Proof of sufficient finances and your accommodation in the UK
• Proof of relationship between you and your dependants

Should you require more detailed advice with respect to the documents you must provide at the border based on your or your family’s specific circumstances, please do not hesitate to contact us.

Do you need to apply for a BNO visa immediately after you enter the UK?

You do not need to apply for the BNO visa straight away. You will be able to apply at any time before your ‘Leave Outside the Rules’ expires.

What you can and cannot do whilst holding ‘Leave Outside the Rules’?

You and your dependants are able to study and undertake work, including self-employment, in the UK. However, you do not have access to public funds. The conditions on which you are granted Leave Outside the Rules may, however, be different and are subject to the discretion of the Home Office. As a result, it is important you seek clarification on being granted any such leave.

If you would like further information in this regard, or if you have any questions in relation to the BNO visa, please do not hesitate to contact us. Send us an e-mail, or alternatively, follow us on Twitter, LinkedIn, or Facebook to stay up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2021