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Important information for the end of the Brexit Transition Period and the EU Settlement Scheme, if you or your close family members are an EU / EEA Citizen

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Hong Kong Residents: Updated Home Office Leave Outside The Rules Entry Details – “Three Generations Under One Roof”

Posted by: Gherson Immigration

On 22 September the Home Office updated the guidance on BNO visa and Leave Outside the Rules (“LOTR”) arrangements. Applicants on the LOTR route can bring their children (born after 1997), their partners and minor children to the UK. In other words, the Home Office update on LOTR entry requirements confirms that Hong Kong citizens with BNO status have the opportunity of bringing with them to the UK children and grandchildren who do nothave BNO status. 

The Home Office confirms that those eligible for BNO status can enter the UK through the LOTR procedure accompanied by dependants who do not hold BNO status, including spouses, civil or unmarried partners, children under the age of 18 (as of 1 July 1997), adult children (and their partners or children under the age of 18) born on or after that date and who usually live with the applicant, and other family members who usually live with the applicant in special circumstances where there is a high degree of dependency.

In addition, the eligibility of applicants is no longer limited to those who usually reside in Hong Kong. BNO holders who usually reside in the UK can also apply on this route.

The updated Home Office information also states that where an applicant has not yet secured BNO status and is not eligible to enter the UK under an existing immigration route, Border Force officers may be able to consider granting LOTR at the border for a period of up to 6 months to the applicant and their accompanying dependants. The applicant can then apply for the Hong Kong BNO Visa from within the UK.

To be eligible for this procedure you will need to evidence your identity, your BNO citizen status, the fact that you normally live in Hong Kong or the UK and proof that you can accommodate and support yourself financially in the UK. For any non-BNO dependants, you will also need to show evidence of their family links to you. The family should travel to the UK together as a family unit.

Where a dependant is the partner of your adult child (born on or after 1 July 1997) you will need to show evidence of their relationship by way of a marriage or civil partnership certificate. Where the adult child and their partner are not married, they will need to show they have been living together in a relationship akin to marriage or civil partnership for at least two years.

Where that dependant and their partner have their own dependent children under the age of 18, they will need to show evidence that they are the parent, adopted parent or guardian, by way of a full birth certificate, adoption certificate or a court order such as a special guardianship order.

In the event that you require any further information or wish to discuss your personal circumstances, please do not hesitate to contact us.

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 2020

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