Hong Kong British National (Overseas) route (accessible)

Question 1

About this guidance

Accepted Answer

This guidance tells you how to consider applications for entry clearance, permission to stay, and settlement under the Hong Kong British National (Overseas) (BN(O)) route.

Guidance must be read in conjunction with Appendix Hong Kong British National (Overseas) to the Immigration Rules, and any other Rules or guidance referred to in this document.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors, then email the BN(O) Route Policy team.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

version 10.0
published for Home Office staff on 10 April 2024

Changes from last version of this guidance

The guidance has been updated to reflect changes made to the Immigration Rules: Appendix Hong Kong British National (Overseas) in April 2024 which:

enable applicants to extend their permission to stay on the route with access to public funds where they continue to meet the criteria
enable applicants to access an affordability fee waiver where they are applying for 30 months permission extension allow decision makers to add up to 28 days of existing permission onto an applicant’s further permission to stay where the applicant has applied for a 30-month visa
allow eligible family members of an individual who holds both BN(O) status and British citizenship to apply to the BN(O) route
allow Adult Dependent Relatives to apply later to join the main applicant in the UK
remove the requirement for partners and Adult Dependent Relatives to have their permission end on the same date as the main applicant where they can apply to join them later in the UK
enable those who are on immigration bail solely because they have claimed asylum in the UK to apply to the BN(O) route

Question 2

Key requirements

Accepted Answer

This section shows you the key requirements for entry clearance and permission to stay on the Hong Kong British National (Overseas) (BN(O)) route.

Eligibility requirements

The applicant:

is a BN(O) status holder or the eligible family member of a BN(O) status holder
is ordinarily resident in Hong Kong (overseas applications)
is ordinarily resident in Hong Kong, UK or Crown Dependencies (in country applications)
has adequate maintenance and accommodation for 6 months
holds a valid tuberculosis test certificate

Suitability requirements

The applicant must:

not fall for refusal under Part 9: grounds for refusal
if applying for permission to stay, not be:
- in breach of immigration laws, unless paragraph 39E of the Rules applies on immigration bail, except where they have been placed on such bail after claiming asylum

Application forms

Hong Kong British National (Overseas) Visa using the UK Immigration: ID Check app (when available); or Hong Kong British National (Overseas) Visa.

Cost of application

£180 for 30 months’ permission
£250 for 5 years’ permission

Entry clearance mandatory?

Yes, if applying from overseas.

Is biometric information required?

Yes.

BN(O), Hong Kong Special Administrative Region (HKSAR) and dependent European Economic Area (EEA) passport holders will provide only facial biometrics, unless they cannot use the app to apply and must therefore attend a visa application centre (VAC) or UKVCAS in the UK.

Any visa national and/or third country national dependants (and if the chip checker fails for a BN(O) or HKSAR passport holder) will need to book an appointment at a VAC or UKVCAS in the UK and provide their passport and fingerprint biometrics.

Immigration Health Surcharge payable?

Yes, payable in full on application by each applicant unless an individual is eligible for an affordability waiver when applying to extend their visa.

Conditions of entry or permission to stay

Conditions:

no access to public funds, unless applying to extend their BN(O) visa where they have previously had this condition lifted and they remain eligible for access to public funds
work permitted (except as a professional sportsperson or sports coach)
study is allowed, subject to the requirement to obtain an Academic Technology Approval Scheme (ATAS) certificate if required by Appendix ATAS to the Immigration Rules

How long is permission normally granted for?

30 months or 5 years as requested by the applicant.

Are dependants of BN(O) status holders allowed?

Yes. Dependent partners and children/grandchildren of the BN(O) status holder can apply, as can the children/grandchildren of the partner of a BN(O) status holder. Adult Dependent Relatives of a BN(O) status holder are also eligible to apply.

Partners, dependent children under 18 and Adult Dependent Relatives can apply at the same time as the BN(O) status holder and their partner or apply to join them at a later date.

Grandchildren of the BN(O) status holder or their partner must apply at the same time and form part of the same household as the BN(O) status holder.

The adult child of a BN(O) status holder should apply independently of their BN(O) parent.

Adult children of the partner of a BN(O) status holder and their dependent partners and children are also eligible to apply. They must apply at the same time as the BN(O) status holder and form part of the same household.

Are dependants of the adult children of a BN(O) Status Holder allowed?

Yes. Dependent partners, children under 18 and Adult Dependent Relatives can apply with the adult child of a BN(O) status holder.

They can apply at the same time as the adult children of a BN(O) status holders or apply to join them at a later date.

Is switching into this category allowed?

Yes.

Does this category lead to settlement (indefinite leave to remain)?

Yes, after 5 years’ continuous residence in the UK for all applicants.

Is knowledge of language and life required?

For settlement applications but not for entry clearance or permission to stay applications.

Immigration Rules paragraphs

Question 3

Definitions

Accepted Answer

This section provides a list of terms frequently used in this guidance and their definitions. The following definitions apply to the Hong Kong British National (Overseas) (BN(O)) route.

Term	Definition
Hong Kong BN(O) route	This means the routes in Appendix Hong Kong British National (Overseas) to the Immigration Rules
BN(O) Status Holder route	The pathway for the BN(O) status holder and their dependants (dependent partner; Household Child; Adult Dependent Relative) to apply on the Hong Kong BN(O) route
BN(O) Household Member route	The pathway for the Household Member and their dependants (dependent partner; child under 18; Adult Dependent Relative) to apply for the Hong Kong BN(O) route due to their connection to a BN(O) status holder
BN(O) status holder	A person aged 18 or over who registered for BN(O) status prior to the handover on 1 July 1997
Dependent Partner	The spouse, civil partner or unmarried partner for more than 2 years of a BN(O) status holder
BN(O) Household Child	The child or grandchild aged under 18 of a BN(O) status holder or a BN(O) status holder’s partner
BN(O) Household Member	- the adult child (aged 18 or over) of a BN(O) or a BN(O)’s partner born on or after 1 July 1997 - for subsequent grants of permission, a person who was granted permission as a BN(O) Household Child (child or grandchild) when they were under 18 on the BN(O) Status Holder Route and who is now aged 18 or over
Dependent partner of a BN(O) Household Member	The spouse, civil partner or unmarried partner for more than 2 years of a BN(O) Household Member
Dependent child of a BN(O) Household Member	The child under 18 of a BN(O) Household Member or of the dependent partner of a BN(O) Household Member
Adult Dependent Relative	The brother, sister, parent, grandparent, son or daughter of: - a BN(O) status holder or their partner - the adult child of a BN(O) status holder applying as a BN(O) Household Member or their partner The Adult Dependent Relative must be aged 18 or over and can apply in exceptional circumstances where there is a high level of dependency
Permission	This means ‘permission to enter’ or ‘permission to stay’
Permission to stay	This means ‘leave to remain’ under the Immigration Act 1971 (and includes a variation of leave to enter or remain and an extension of leave to enter or remain).
Settlement	This means ‘indefinite leave to enter’ or ‘indefinite leave to remain’

Question 4

Introduction

Accepted Answer

This section sets out the context for British National (Overseas) (BN(O)) status.

BN(O) status is a form of British nationality created for people from Hong Kong so they could retain a form of British nationality and a connection to the UK after the handover to China in 1997 in line with the Sino-British Joint Declaration.

Anyone who was a British Dependent Territories citizen through a connection with Hong Kong was able to apply to register as a BN(O) status holder and apply for a BN(O) passport. People could apply for BN(O) status for a period of 10 years prior to the handover to China on 1 July 1997. Some children aged under 18 were also listed as BN(O) status holders in their parents’ BN(O) passports at the time of the handover. BN(O) status is valid for life and cannot be passed on to spouses or children. It is not possible to apply for BN(O) status now.

The UK government introduced the Hong Kong British National (Overseas) (BN(O)) route to provide the opportunity for BN(O) status holders and certain family members to live, work, and study in the UK. This followed the imposition by the Chinese Government of a national security law on Hong Kong, in breach of the Sino-British Joint Declaration, which restricts the rights and freedoms of the people of Hong Kong.

Prospective applicants for the Hong Kong BN(O) route already in the UK on another route, for example the Skilled Worker route, can apply to switch from within the UK.

The Hong Kong BN(O) route provides for permission to stay and to obtain settlement in the UK, as well as entry clearance from overseas.

Question 5

Overview of the Hong Kong BN(O) route

Accepted Answer

This section introduces the Hong Kong British National (Overseas) (BN(O)) route and gives an overview of the qualifying requirements.

What is the Hong Kong BN(O) route?

The Hong Kong BN(O) route allows BN(O) status holders and certain family members to live, work and study in the UK. After 5 years, applicants will be able to apply for settlement, and after a further year, British citizenship, providing they meet the requirements.

There are 2 pathways under the Hong Kong BN(O) route in the rules: the BN(O) Status Holder route and the BN(O) Household Member route.

Applicants will be able to apply for permission for either 5 years or 30 months. Those granted entry clearance or permission to stay will be able to work in almost any capacity and study in the UK. They will not generally be able to access public funds.

In alignment with the UK, the Crown Dependencies (CDs) have also introduced a Hong Kong BN(O) route. Applicants to the BN(O) route operated by the CDs are subject to the same conditions and fees as those applying to the UK’s Hong Kong BN(O) route. However, the Immigration Health Surcharge (IHS) is not payable for Crown Dependency BN(O) routes. The CDs make their own immigration rules as they are self-governing jurisdictions, but they have adopted the UK’s BN(O) rules.

Applications for the Hong Kong BN(O) route can be made online on GOV.UK and via the UK Immigration: ID Check app.

Where to find the rules

The route-specific Immigration Rules are contained in Appendix Hong Kong British National (Overseas). These apply to all applications for entry clearance, permission to stay and settlement.

Structure of Appendix Hong Kong British National (Overseas)

Appendix Hong Kong British National (Overseas) is divided into 3 main parts:

BN(O) Status Holder route
BN(O) Household Member route
Settlement on the Hong Kong BN(O) route

Each part is further subdivided into the following sections:

validity requirements
suitability requirements
eligibility requirements
decision (including period and conditions of stay)

The BN(O) Status Holder route is for BN(O) status holders, their partner or spouse, their dependent children or grandchildren under the age of 18, and adult relatives with a high degree of dependency on the BN(O) or the BN(O)’s partner.

The BN(O) Household Member route allows an adult child of a BN(O) status holder or of the partner of a BN(O) status holder born on or after the handover on 1 July 1997 to apply on the Hong Kong BN(O) route.

There are some key differences to the eligibility requirements and to the types of dependants the Household Member can bring; this is determined by whether the individual’s parent is a BN(O) status holder or the partner of a BN(O) status holder.

The adult child of a BN(O) status holder can apply on the route regardless of whether their parent who holds BN(O) status has made an application or been granted permission on the route. Their partner, children aged under 18 and their Adult Dependent Relatives can also apply on the route, and can apply at the same time as the adult child or at a later date.

The adult child of the partner of a BN(O) status holder must form part of the same household as the BN(O) status holder and be applying at the same time as them. Their partner and children aged under 18 who form part of the same household as the BN(O) status holder can also apply, provided they do so at the same time as the BN(O) status holder.

The table below sets out the relevant paragraph numbers for each part and section of Appendix Hong Kong British National (Overseas):

Part	Validity	Suitability	Eligibility	Decision
BN(O) status holder: entry clearance or permission to stay	HK 1.1 to 1.3	HK 2.1 to 2.2	HK 3.1 to 7.4	HK 8.1 to 9.2
Dependent partner or BN(O) Household Child: entry clearance or permission to stay	HK 10.1 to 10.3	HK 11.1 to 11.2	HK 12.1 to HK 20.4	HK 21.1 to HK 22.5
BN(O) Household Member: entry clearance or permission to stay	HK 23.1 to 23.6	HK 24.1 to 24.2	HK 25.1 to HK 29.4	HK 30.1 to HK 31.3
Dependent partner or child of a BN(O) Household Member: entry clearance or permission to stay	HK 32.1 to 32.4	HK 33.1 to 33.2	HK 34.1 to HK 42.4	HK 43.1 to 44.5
BN(O) Adult Dependent Relative	HK 45.1 to 45.5	HK 46.1 to 46.2	HK 47.1 to HK 52.4	HK 53.1 to HK 54.3
Settlement	HK 55.1 to HK 55.3	HK 56.1 to HK 56.2	HK 57.1 to HK 63.1	HK 64.1 to HK 64.2
Variation of no access to public funds condition	HK 65.1 to HK 65.3	HK 65.1 to HK 65.3	HK 65.1 to HK 65.3	HK 65.1 to HK 65.3

Question 6

Considering evidence

Accepted Answer

This section provides general guidance on considering evidence submitted by an applicant on the Hong Kong British National (Overseas) (BN(O)) route, including when it may be appropriate to request further information, and verification or translation of documents.

Supporting documents and information

All applicants are required to submit relevant information and supporting documents (including but not limited to evidence of their BN(O) status, finances, and a valid TB test certificate) to show they meet the requirements of the route. The application form provides guidance to applicants on what evidence to submit.

Burden and standard of proof

The burden of proof is on the applicant to show they meet the validity and eligibility requirements of the rules. In some circumstances the burden may shift to the Home Office to show the applicant does not meet the suitability rules. See the relevant guidance on suitability for further information.

You must review the information on the application form and supporting evidence before deciding whether you are satisfied on the balance of probabilities (in other words that it is more likely than not) that the applicant has met the requirements of the rules.

Requesting more information

If you need more information, or clarification of certain details, to decide whether an application is valid, or if it meets the suitability and eligibility requirements, you should consider requesting more information. You should apply the guidance on validity and evidential flexibility and consult the sections on validity and evidential flexibility below.

Verifying documents

You must conduct verification checks if you have any doubts about whether any supporting document an applicant has submitted is genuine.

Documents not in English or Welsh

All documents submitted with an application should be in English or Welsh. If the applicant submits documents in another language and you are unable to understand or interpret the evidence, you must ask them to submit a certified translation if they have not already provided one with their application. The translation must:

confirm that it is an accurate translation of the original document
be dated
include the full name and signature of the translator or an authorised official of the translation company
include the translator or translation company’s contact details
if the applicant is applying for permission to stay or settlement, be certified by a qualified translator and include details of the translator or translation company’s credentials

If the translation does not meet these requirements and you are unable to understand or interpret the document, you may disregard it as evidence. This may result in the application being refused. For example, if you are unable to understand or interpret the applicant’s evidence of their relationship to the BN(O) status holder (and they have not provided a suitable translation), and there is no other relevant evidence, you must refuse the application on the basis that you are not satisfied that they are the dependant of a BN(O) status holder. For further information, see guidance on Example refusal wording for applications on the Hong Kong BN(O) route.

Translation of Welsh documents

Birth, marriage, civil partnership and death certificates issued in Wales are issued either in English only or bilingually (that is, with both Welsh and English printed on the same document). Such documents will therefore not require translation.

If you receive any supporting documentation in Welsh only (for example, an employer’s covering letter), and you and your colleagues are unable to understand Welsh, you must arrange for the document to be translated into English.

Under the Home Office Welsh language scheme, customers living in Wales are entitled to correspond with the Home Office in Welsh. If an applicant writes to you in Welsh, they must receive a reply in Welsh.

The Home Office has a framework agreement with the Big Word translation company to translate material to and from Welsh. The cost of any translation must be met by your unit or directorate.

For guidance on handling correspondence in Welsh and how to procure Welsh translation services, see: Staff guide to the Home Office Welsh language scheme.

Question 7

Validity requirements

Accepted Answer

This section tells you what validity requirements an applicant must meet for a grant of entry clearance, permission to stay in the UK or settlement on the Hong Kong British National (Overseas) (BN(O)) route.

For further information, see the guidance on Applications for leave to remain: validation, variation and withdrawal.

Entry clearance or permission to stay

Before you consider an application for entry clearance or permission to stay, you must check whether the application is valid. The validity requirements for the Hong Kong BN(O) route are set out in the following paragraphs of the Immigration Rules:

Applicant	Paragraphs
BN(O) Status Holder	HK 1.1 to 1.4
Dependent partner	HK 10.1 to 10.3
BN(O) Household Child	HK 10.1 to 10.3
BN(O) Household Member	HK 23.1 to 23.6
BN(O) Household Member’s dependent partner	HK 32.1 to 32.4
BN(O) Household Member’s dependent child	HK 32.1 to 32.4
BN(O) Adult Dependent Relative	HK 45.1 to 45.5

Requirement: applications made online

Applicants must apply by using the specified online application form on GOV.UK, or using the UK Immigration: ID Check app.

The table below shows which application form applicants can use according to which nationality they hold.

Applicant	Specified form
Applicants with a chipped BN(O), Hong Kong Special Administrative Region (HKSAR), or European Economic Area (EEA) passport	Either: - Hong Kong British National (Overseas) Visa using the UK Immigration: ID Check app; or - Hong Kong British National (Overseas) Visa
Other applicants of any other nationality	Hong Kong British National (Overseas) Visa

Requirement: fee payment

The application fee for the Hong Kong BN(O) route is £180 for 30 months’ permission and £250 for 5 years’ permission.

The fee applies to each applicant.

Check the fees regulations and UK visa fees on GOV.UK for the most up to date information.

Requirement: Immigration Health Surcharge payment

The applicant must have paid the Immigration Health Surcharge (IHS). For further information, see the guidance on the Immigration Health Surcharge.

The Immigration Health Surcharge is not payable for the Crown Dependencies’ Hong Kong BN(O) routes.

Affordability fee waiver

An applicant can apply for a fee waiver for the application fee and/or IHS if they are applying to extend their permission on the BN(O) route for 30 months. They must demonstrate that they are in receipt of public funds having previously successfully applied for a change of conditions (CoC), and that they cannot afford the fee and/or the IHS.

If the applicant does not qualify to waive their fees but they meet all other requirements for further permission to stay on the BN(O) route, you should request the payment of the fees and once received, grant them as standard with no recourse to public funds.

Where an applicant has stated that they cannot afford either or both the fee / IHS in their application, you will need to write to the individual to obtain information on their financial situation. Once you have received this information from the applicant, you will need to complete an affordability assessment to see whether the applicant has demonstrated they cannot afford the fee. See guidance on fee waivers for more information.

Evidence

You should check the applicant has a unique application number (UAN) which will show whether they were previously successful at lifting their NRPF condition via a CoC application.

The applicant should be asked to provide evidence to show they are in receipt of public funds (such as welfare benefits or tax credits). Relevant evidence may include bank statements or relevant statements/documentation from DWP or HMRC showing a continuous public funds payment. The evidence should be up to date with the most recent payment being made within 3 months of the date of their application. If the applicant does not provide this in the application form, you should write to the applicant to request the relevant evidence.

You must also be satisfied that the applicant cannot afford the fee and/or IHS and that they have provided sufficient evidence to prove their underlying financial circumstances have not changed since they successfully applied for a CoC. Generally, an applicant can be taken to satisfy these requirements if they show that their financial circumstances have not changed since the CoC and they are in receipt of public funds. Relevant evidence of this will include all bank account statements showing their income and expenditure over a recent period. If the applicant has not provided sufficient evidence, you should write to request this. See guidance on fee waivers for more information.

Fee waiver eligibilty

If the applicant has not provided evidence that they qualify for a waiver of the fees, you must write to inform the applicant that they must pay the fees otherwise their application will be rejected.

Initial applications

Initial applications for entry clearance or permission to stay are not eligible for a fee or IHS waiver. If an initial application is submitted without payment of the fees, you must reject the application.

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Requirement: biometrics

Under the Immigration (Provision of Physical Data) Regulations 2006 (as amended), all applicants are required to provide a passport-style facial photograph of themselves as part of the application process.

BN(O), HKSAR, or EEA passport holders applying from overseas or in the UK will not have to provide fingerprints if they successfully apply on the UK Immigration: ID Check app. However, if an applicant is not able to use this application route (for example because they do not hold a biometric chipped passport or the chip checker fails), they must provide fingerprint biometrics at a registered visa application centre overseas or at a UKVCAS service point in the UK.

All other passport holders will be required to present their passport and give their fingerprint biometrics at a registered visa application centre overseas or at a UKVCAS service point in the UK as part of the application process.

See the published biometric guidance for more details.

Requirement: proof of identity

The application form includes guidance for applicants on what they can submit as proof of identity to meet the requirements set out in Appendix Hong Kong British National (Overseas).

An applicant must provide a passport or other travel document which satisfactorily establishes their identity and nationality.

Requirement: age

A BN(O) status holder must be aged 18 or over on the date of application.

A BN(O) Household Child must be under the age of 18 at the date of application.

A BN(O) Household Member must have been born on or after 1 July 1997 and must be aged 18 or over on the date of application.

Settlement

Before you consider an application for settlement, you must check whether the application is valid. The validity requirements are set out in paragraphs HK 55.1 to HK 55.3 of the Immigration Rules.

These requirements include that the applicant’s last grant of permission must have been on the Hong Kong BN(O) route and they must be in the UK when applying for settlement.

Question 8

Suitability requirements

Accepted Answer

This section tells you where to find the suitability requirements an applicant must meet when they apply for entry clearance, permission to stay, or settlement on the Hong Kong British National (Overseas) (BN(O)) route.

You must check the application meets the suitability requirements by referring to the suitability requirements set out at the following paragraphs of Appendix Hong Kong British National (Overseas):

Applicant	Paragraphs
BN(O) status holder	HK 2.1 to 2.2
Dependent partner of a BN(O) status holder	HK 11.1 to 11.2
BN(O) Household Child	HK 11.1 to 11.2
BN(O) Household Member	HK 24.1 to 24.2
Dependent partner of a BN(O) Household Member	HK 33.1 to 33.2
BN(O) Household Member Child	HK 33.1 to 33.2
BN(O) Adult Dependent Relative	HK 46.1 to 46.2
Settlement	HK 56.1 to HK 56.2

To meet the suitability requirements above, you must check that the applicant does not fall for refusal under any of the grounds for refusal in Part 9 of the Immigration Rules.

If the applicant is applying for permission to stay or settlement, you must check that:

the applicant is not in breach of immigration laws, except periods of overstaying discounted under paragraph 39E - refer to the full guidance on overstaying
the applicant is not on immigration bail, except where they have been placed on such bail after having made an asylum claim in the UK

For guidance on assessing this requirement, see Grounds for refusal and cancellation (suitability). You should consult the relevant part of the guidance according to the circumstances of the applicant.

Previous asylum claims

If the applicant is on immigration bail because they have a pending asylum claim in the UK, you should not refuse their application because of this.

If an applicant has a period of overstaying or being on immigration bail in the UK because they withdrew their asylum claim before applying to the BN(O) route, you

should disregard the period of overstaying if they applied to the BN(O) route within a reasonable period.

You should consider whether an application was made within a reasonable period on a case-by-cases basis depending on the individual circumstances. However, generally an applicant will be expected to have made an application no more than one month after withdrawing their asylum claim.

Question 9

Overseas convictions and offences not recognised in the UK

Accepted Answer

Some overseas convictions do not have a direct equivalent in the UK and would not be recognised. For example, some convictions may be for offences which are not crimes in the UK. Furthermore, some overseas offences may carry a much higher penalty than an equivalent offence would in the UK. Such convictions would not count as automatic grounds for refusal on this route. See the criminality policy guidance: ‘Overseas convictions and offences not recognised in the UK’ for more information. You must consult your senior caseworker and the BN(O) Route Policy team if this consideration applies.

See the sections Grant or refuse entry clearance and Grant or refuse permission to stay for more information about refusing an application.

If the applicant is applying for permission to stay or settlement, you must check that:

the applicant is not in breach of immigration laws, except periods of overstaying discounted under paragraph 39E - refer to the full guidance on overstaying
the applicant is not on immigration bail, except where they have been placed on such bail after having made an asylum claim in the UK

For guidance on assessing this requirement, see Grounds for refusal and cancellation (suitability). You should consult the relevant part of the guidance according to the circumstances of the applicant.

Applicant refused on suitability grounds

If you are not satisfied the applicant meets the suitability requirements, you must refuse the application. You should still fully consider whether the applicant meets the eligibility requirements for entry clearance, permission to stay, or settlement, as appropriate. If the applicant also fails under any of the eligibility criteria, you must also include these in the refusal notice.

Question 10

Eligibility for entry clearance or permission to stay

Accepted Answer

This section tells you the eligibility requirements for entry clearance or permission to stay on the Hong Kong British National (Overseas) (BN(O)) route.

BN(O) status holder requirement

The main applicant who is applying on the BN(O) Status Holder route must be a BN(O) status holder.

The definition of a BN(O) status holder can be found in the Passports of UK and British Overseas Citizens guidance and the British Overseas Citizens guidance. Evidence of BN(O) status may include a valid or expired BN(O) passport or confirmation of registration as a BN(O) status holder using Home Office records such as the relevant HM Passport Office (HMPO) database.

An applicant may hold both BN(O) status and British citizenship. British citizens have the right of abode in the UK. If a BN(O) status holder who is also a British citizen makes an application, you should void their application. However, where the applicant is a dual BN(O) and British citizen they can sponsor family members without needing to apply to the route themselves see section on British Citizenship.

BN(O) status holders who were registered as children

Some applicants who were under 18 on 1 July 1997 may have been added onto their parent’s passport. You should therefore check their parent’s details on the relevant HMPO database. Furthermore, some BN(O) status holders were born between 1 January 1997 and 30 June 1997. Their parents were given until 30 September 1997, after the handover, to register them as BN(O) status holders.

Lack of evidence of BN(O) status

If the applicant claims to hold BN(O) status, or claims their parent has BN(O) status where they are applying under the BN(O) Household Member route as the adult child of a BN(O) status holder, but cannot produce evidence of their eligibility, for example their BN(O) passport or their parent’s BN(O) passport is lost or has been stolen, you should check the relevant HMPO database. If you have no grounds to believe there is fraud or abuse, confirmation with HMPO will be sufficient for meeting this requirement. If the passport has been stolen and there are concerns around the applicant’s identity, you may consult Intel and/or refuse the application.

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Financial requirement

This section tells you about the financial requirement for the Hong Kong BN(O) route for entry clearance and permission to stay.

There is no set level of funds an applicant must hold. However, all applicants, including their dependants, must be able to prove they can adequately maintain and accommodate themselves in the UK for 6 months without access to public funds.

Evidence of finances must be shown as set out in Appendix Finance to the Immigration Rules. The most recently dated piece of evidence should be dated within 31 days of the date of application.

Applicants can rely on credible offers of financial support and/or accommodation from a third party (for example, a relative or friend) to meet this requirement. The test for adequate maintenance is whether you can show that, after your accommodation costs have been paid, you have at least as much money as you would if your family were receiving income support in the UK.

For further guidance on assessing adequate maintenance, see the Financial requirement guidance.

Applicants will not have to meet the financial requirement if they have already been living in the UK for 12 months when they apply for permission to stay on the Hong Kong BN(O) route except for those who have been granted 12 months’ leave outside the rules where their BN(O) application has been refused previously. See ‘Applicants who have lived in the UK for 12 months with permission’ in the Financial requirement guidance for further information on how to assess this.

Entry clearance applications

If you are not satisfied that the applicant and their dependants can meet the financial requirement, you must refuse the application for entry clearance.

Permission to stay applications

If the applicant and their dependants are applying for permission to stay in the UK, but their applications fall for refusal because you are not satisfied they can meet the financial requirement, you can exercise discretion to grant 12 months’ leave outside the rules. See the guidance on ‘Exceptions: leave outside the rules following a refusal’ in the ‘Grant or refuse permission to stay’ section for further information.

Ordinary residence requirement

This section sets out what documentary evidence an applicant must provide to prove their ordinary residence.

Ordinary residence has the following features:

it is a regular, habitual mode of life in a particular place
its continuity has persisted despite temporary absences
it may be of long or short duration
it must be lawful
it must have been adopted voluntarily
it must be for a settled purpose

The sections below provide non-exhaustive lists of the type of documentary evidence which the applicant will be able to provide. The guidance below is not prescriptive or definitive. Some applicants may lack documentary evidence in their own name for various reasons, you must work flexibly with applicants to help them evidence their ordinary residence by the best means available to them.

Periods of absence do not necessarily mean that a person’s ordinary residence has ceased. Applicants for the Hong Kong BN(O) route can apply for entry clearance from any country outside the UK but must be able to demonstrate their ordinary residence in Hong Kong.

For example, students studying abroad, businesspeople working away from Hong Kong or applicants visiting family overseas when they apply for the Hong Kong BN(O) route would usually meet the requirement for ordinary residence in Hong Kong, providing they were ordinarily resident in Hong Kong prior to travelling.

However, an applicant for the Hong Kong BN(O) route with a permanent or settled immigration status in another country would likely not meet the ordinary residence requirement for entry clearance.

For further information, see ‘Absences during a period of residence’ in the guidance on Nationality policy: assessing ordinary residence.

Entry clearance applications

Applicants who have submitted an application for entry clearance must be outside the UK and must show they are ordinarily resident in Hong Kong at the date of application.

Evidence of ordinary residence in Hong Kong could be (but is not limited to) a combination of the following documents:

an official Hong Kong ID card
an official Hong Kong permanent ID card
itemised bank statements
a letter from an employer confirming their employment in Hong Kong
a visa or residence permit or other immigration documents (a colour photocopy would be acceptable) showing residence in Hong Kong
an educational record, for example a school report
tax records
records of rent or mortgage payments
payslips
household or utility bills
valid tuberculosis certificate (see: Tuberculosis (TB) certificate requirement)
passport stamps that show an applicant travelling from, and returning to, Hong Kong for travel overseas.

Tuberculosis certificates and passport stamps can only be accepted as evidence of ordinary residence in Hong Kong in conjunction with other forms of evidence.

Permission to stay applications

Applicants for permission to stay must be in the UK and must show they are ordinarily resident in the UK, the Bailiwick of Guernsey, the Bailiwick of Jersey, the Isle of Man or Hong Kong at the date of application.

If the applicant is applying for permission to stay, for example they were granted leave outside the rules at the border or they have a previous grant of permission, you should check whether there is an existing immigration footprint for them to evidence their ordinary residence (for example, a passport stamp confirming entry at the UK border). If they do have an existing immigration footprint, then further evidence of their residence is not required.

If there is no existing immigration footprint, evidence of ordinary residence in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, or the Isle of Man could be:

a letter from an employer or education provider confirming their employment or study
a dated bank statement showing payments received or spending
a dated letter from a GP or other healthcare professional confirming the applicant’s attendance at appointments, or a card issued by the healthcare professional confirming those appointments
a payslip or most recent P60
a dated, UK or Islands-addressed domestic utility bill or council tax bill
a letter from the local council or a government
a voter’s card
an educational record, for example a school report
other immigration documents
records of rent or mortgage payments
tax records

If the applicant and their dependants are applying for permission to stay in the UK but their applications fall for refusal because you are not satisfied they can meet the ordinary residence requirement, you have the discretion to grant 12 months’ leave

outside the rules. See the guidance on ‘Exceptions: leave outside the rules following a refusal’ in the ‘Grant or refuse permission to stay’ section for further information.

In most cases this will be a simple assessment. In more complex cases, the principles of establishing whether someone is ordinarily resident in the UK may be applied here. See: Nationality Policy - assessing ordinary residence.

Tuberculosis (TB) certificate requirement

Applicants and their dependants are required to provide a valid TB certificate for entry clearance or permission to stay applications, unless a qualifying exemption applies.

Entry clearance applications

Where an applicant is applying for entry clearance, they will need to provide a valid TB certificate with their application if they have been residing within a country listed in Appendix Tuberculosis of the Immigration Rules for the 6 months immediately preceding the application.

The requirement is met if the applicant provided a valid TB certificate as part of a successful application for entry clearance in the 12 months prior to the date of application for the Hong Kong BN(O) route, for example they were granted entry clearance on a family visa or family permit.

If an applicant on the BN(O) route has not supplied a valid TB certificate when they are required to do so, you should make one attempt to contact the applicant and give them 10 working days to provide the certificate. If the applicant fails to provide a valid TB certificate following this, the application should be refused. If an applicant’s certificate shows that they have tested positive for TB, their application should also be refused.

For further information regarding which applicants are required to obtain a TB certificate before applying and the approved test centres, see Tuberculosis tests for visa applicants on GOV.UK.

Permission to stay applications

For in-country applications, if the applicant has last been granted permission to stay in the UK for 6 months or less at the date of application, they must provide a valid test certificate obtained either from an approved clinic in the UK or an approved clinic outside the UK if they were previously in a country listed in Appendix Tuberculosis of the rules.

The requirement is met if the applicant provided a valid TB certificate as part of a successful application for entry clearance in the 12 months prior to the date of application for the Hong Kong BN(O) route, for example they were granted entry clearance on a family visa or family permit.

For permission to stay applications, where applicants have tested positive for TB and can demonstrate that they are getting treatment (for example a letter from a GP), their application should not be refused but should be kept on hold, allowing the applicant to stay with 3C leave for a minimum of six months while they undertake a full course of treatment. If the applicant provides a positive test certificate and then a negative test certificate shortly afterwards, this should not be taken as proof that the applicant no longer has TB. The applicant must complete a full course of treatment (minimum 6 months) and have written evidence of successful treatment before being reassessed for TB infection.

For further information regarding which applicants are required to obtain a TB certificate before applying and the approved test centres, see Tuberculosis tests for visa applicants on GOV.UK.

Children

All children must see a clinician at an approved clinic who will decide if they need a chest x-ray. If the clinician decides the child does not have TB, they will provide a certificate which should be included in their application.

Evidential flexibility

Consult the guidance on evidential flexibility further information on how to assess cases where evidence is missing.

Question 11

Eligible dependants

Accepted Answer

This section sets out which family members can apply to come to the UK or remain in the UK under the Hong Kong British National (Overseas) (BN(O)) route. This includes eligible dependants under the BN(O) Status Holder route and the BN(O) Household Member route.

The best interests of a child

The duty in section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of a child under the age of 18 in the UK, together with Article 3 of the UN Convention on the Rights of the Child, means that consideration of the child’s best interests must be a primary consideration in immigration decisions affecting them. This guidance and the Immigration Rules it covers form part of the arrangements for ensuring that we give practical effect to these obligations.

Where a child or children in the UK will be affected by the decision, you must have regard to their best interests in making the decision. You must carefully consider all the information and evidence provided concerning the best interests of a child in the UK and the impact the decision may have on the child.

Although the duty in section 55 only applies to children in the UK, the statutory guidance – Every Child Matters – Change for Children – provides guidance on the extent to which the spirit of the duty should be applied to children overseas. You must adhere to the spirit of the duty and make enquiries when you have reason to suspect that a child may be in need of protection or safeguarding, or presents welfare needs that require attention. In some instances, international or local agreements are in place that permit or require children to be referred to the authorities of other countries and you are to abide by these and work with local agencies in order to develop arrangements that protect children and reduce the risk of trafficking and exploitation.

Further guidance can be found in paragraphs 2.34 to 2.36 of the statutory guidance.

BN(O) Status Holder route

Any dependants must meet the eligibility and suitability requirements of this route.

On their first application under the route, all family members applying to the BN(O) Status Holder route must be able to demonstrate that they meet a relationship requirement which links them to a BN(O) status holder. If they are applying as the grandchild of a BN(O) status holder, they must also demonstrate that they form part of the same household as that BN(O) status holder.

In subsequent applications, following a successful grant of permission, it will be sufficient for the partner or Adult Dependent Relative of a BN(O) status holder to show that they already hold permission on the route. A child or grandchild who is

under the age of 18 must continue to demonstrate that they meet a relationship requirement which links them to a person who has permission under the route. This is to ensure that those who have an on-going need to be cared for or supported by a relevant family member cannot have their application disconnected from that family member.

A child who is under the age of 18 on their first application but following a successful grant of permission is aged 18 or over on their subsequent application, should apply as a BN(O) Household Member in that subsequent application and, as with other adult children applying to extend their permission, will not need to demonstrate that they continue to meet a relationship requirement.

Dependants should apply for the same length of leave as the main applicant. If the main applicant and their dependant(s) apply for different lengths of permission (for example, the main applicant applies for 5 years and their dependants apply for 30 months), you should write to the applicants to notify them that they must all apply for the same length of permission, either 30 months or 5 years.

If a dependent partner or Adult Dependent Relative is applying to join a main applicant who has already been granted permission to stay in the UK, the dependant must apply for the same length of permission as the main applicant but can be granted the full length of permission that ends on a later date to the main applicant. Dependent children should be granted permission in line with the end date of their parents. If the parents’ permissions have different end dates, then the child should be granted in line with the parent who has the latest end date.

If the BN(O) status holder also holds British citizenship

The family members of an individual who holds both British citizenship and BN(O) status can apply under the BN(O) route.

The applicant should provide evidence of their family member’s British citizenship and BN(O) status as part of their application. This may include valid or expired British and BN(O) passports. If they do not provide this evidence, you should check the relevant HMPO databases or request the relevant evidence from the applicant.

Once you have confirmed that the applicant’s family member holds both British citizenship and BN(O) status, you should continue to consider their application as normal.

If a BN(O) status holder is deceased or dies during the application process

Family members of a BN(O) status holder who died before an application was made under the Hong Kong BN(O) route will not be eligible to apply as if they were dependants of the deceased BN(O) status holder, unless they are a BN(O) status holder in their own right, or the family member of another BN(O) status holder.

This does not apply if the BN(O) status holder dies during the application process. Under a concession outside Appendix Hong Kong British National (Overseas), if the main applicant has submitted an application for permission under the BN(O) route that would not have been refused and their identity can be verified, regardless of whether they have submitted a valid application, you should consider the applications of their family members.

You should assess whether they meet the eligibility and suitability requirements of the route as if the deceased applicant were still alive. You must consider the care requirement for dependent children and the dependency requirement for Adult Dependent Relatives as set out below. If they do meet all remaining requirements, you can grant them permission on the BN(O) route. You may request further evidence if necessary, for instance, if the maintenance funds were held exclusively by the deceased main applicant at the time of applying, in line with the guidance on evidential flexibility.

The identity of the main applicant must still be verified. If the BN(O) main applicant has enrolled biometrics at a visa application centre or UKVCAS service point or has scanned their passport on the UK Immigration: ID Check App, you will be able to confirm their identity and, therefore, the eligibility of the applicant and their family members for the route. If they had not yet enrolled their biometrics, you should write to the family of the deceased applicant to ask them to submit the BN(O) status holder’s passport in order to verify their identity.

You will also need to appoint one of the remaining family members as the main applicant for the purpose of granting permission for the dependants. In most cases, this will be another adult who is responsible for the care of the remaining applicants, for example the dependent partner.

The care requirement also still applies to dependent children under 18 and the dependency requirement still applies to Adult Dependent Relatives. In order to meet the care/dependency requirements for the route and maintain a necessary level of safeguarding, if the deceased applicant was the sole care provider for dependants who are either children under 18 or an Adult Dependent Relative, you should refuse their applications on the grounds that the applicant or applicants do not meet the care or dependency requirement in the rules. If there is, however, another adult who is responsible for the care of the children or the Adult Dependent Relative (for instance, a spouse or partner, or the other parent of the children) who is also making an application, or already has permission on the route, you should consider the care requirement met as long as you are satisfied that the individual is responsible for the dependants’ care.

Additionally, if a BN(O) status holder passes away during the application process, and their partner, children under 18 or Adult Dependent Relative subsequently make an application under the BN(O) route, their applications may be considered as if the deceased applicant were still alive (subject to the guidance above on meeting the dependency requirement). See the section on ‘applying together: Who can apply separately from the main applicant?’ below for more information.

If a family member makes a subsequent application for permission to stay, but their main applicant has passed away since the initial grant, you should still consider whether their application meets the requirements of the rules. You may consult your senior caseworker, who may refer to the BN(O) Route Policy team, for further advice.

Dependent partner

The dependent partner on the BN(O) Status Holder route must:

meet the relationship requirement
hold a valid TB test certificate when applying for entry clearance
hold a valid TB test certificate when applying for permission to stay in the UK
meet the financial requirements
be ordinarily resident in Hong Kong, the UK, the Bailiwick of Jersey, the Bailiwick of Guernsey, or the Isle of Man

Assessing the relationship

The dependent partner must meet the relationship requirement. If they are applying for permission to stay and have permission as a dependent partner on the BN(O) Status Holder route on the date of application, they will meet the relationship requirement.

Otherwise, they must demonstrate the relationship between the applicant and the BN(O) status holder is genuine and subsisting.

A BN(O) status holder’s spouse or civil partner should enclose a digital copy of their marriage or civil partnership certificate along with their application.

If the partner is not the spouse or civil partner of the BN(O), they must show that:

they have been in a relationship similar to marriage or civil partnership for at least 2 years before applying
any previous relationships of the BN(O) status holder or the partner have permanently broken down
they are not so closely related that they would not be allowed to marry in the UK

See the Relationship with a Partner guidance for further information.

BN(O) Household Child

A BN(O) Household Child is the dependent child or grandchild under the age of 18 of a BN(O) status holder or their partner who is applying on the BN(O) Status Holder route.

Both parents of the BN(O) Household Child must have permission to be in the UK (other than as a visitor) or be applying at the same time as the Household Child. For

example, this requirement would be satisfied where one parent is in the UK under the BN(O) route and the other is applying at the same time as the BN(O) Household Child.

The requirement to have permission does not apply if the parent is a British citizen, or a person who has a right to enter or stay in the UK without restriction (although such persons are required to be ordinarily resident in the UK, or to become so). The following exemptions apply:

the parent who is a BN(O) status holder or the partner of a BN(O) status holder is the only living parent
the parent who is a BN(O) status holder or the partner of a BN(O) status holder has sole responsibility for bringing up the child
there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission on the Hong Kong BN(O) route
there are serious and compelling reasons to grant the child entry clearance or permission to stay with the BN(O) grandparent or BN(O) grandparent’s partner who has permission on the Hong Kong BN(O) route

The Household Child must:

meet the relationship requirement
be under the age of 18 at the date of application
meet the care requirement for a dependent child in Appendix Children
intend to live with a parent who has permission on the BN(O) status holder route during their stay in the UK
hold a valid TB test certificate when applying for entry clearance
hold a valid TB test certificate when applying in country
meet the financial requirements
be ordinarily resident in Hong Kong, the UK, the Bailiwick of Jersey, the Bailiwick of Guernsey, or the Isle of Man

If a dependent child is born in the UK to a BN(O) status holder and/or their partner, who already have permission on the route, the BN(O) status holder and/or their partner should apply for permission for the child and provide a full UK birth certificate showing the names of the child’s parents.

Assessing the relationship

The BN(O) status holder or their partner must show evidence that they are the parent, adopted parent or guardian of the Household Child, such as:

a full birth certificate
an adoption certificate
a court order, such as a special guardianship order

Applying together

Under the BN(O) Status Holder route, our expectation is that BN(O) status holders and relevant family members will usually apply together, although they may choose to travel to the UK separately. See: Travelling to the UK separately. In practice, this means that the main applicant who is a BN(O) status holder should apply first and receive their Unique Applicant Number (UAN) or Global Web Form (GWF) reference. Any dependants applying should quote this UAN or GWF in their applications.

Who must apply together with the main applicant?

A grandchild of a BN(O) status holder or their partner must apply for permission at the same time as the BN(O) status holder. They must pay their application fee within 48 hours of the BN(O) status holder submitting their application. If a BN(O) status holder is granted entry clearance or permission to stay and a grandchild makes an application at a later date, you must refuse the application.

Who can apply at a later date from the main applicant?

Dependent partners, dependent children aged under 18 and Adult Dependent Relatives are not required to apply at the same time as the main applicant and can instead apply to join them at a later date. When applying as a dependent partner, child or Adult Dependent Relative for the first time, the main applicant must have either made a valid application for entry clearance or permission to stay that has not been decided, have entry clearance or permission as a BN(O) status holder or as the partner of a BN(O) status holder or be a dual British Citizen and British National (Overseas).

The partner and dependent child of a BN(O) status holder who passed away during the application process are also not required to have applied at the same time as the main applicant.

BN(O) Household Member route

The BN(O) Household Member Route allows the adult child of a BN(O) status holder or the adult child of the partner of a BN(O) status holder, who was born on or after 1 July 1997 and is aged 18 or over, to apply to the Hong Kong BN(O) route with their eligible family members. The BN(O) Household Member route may also be used where a person had permission as a BN(O) Household Child but no longer qualifies for that route because they are now aged 18 or over. The applicant cannot have, or have last had, permission as a BN(O) Adult Dependent Relative on the Hong Kong BN(O) route.

On their first application under the route, all family members applying to the BN(O) Household Member route must be able to demonstrate that they meet a relationship requirement which links them to the adult child of a BN(O) status holder or the adult child of the partner of a BN(O) status holder. If they are applying as the family member of the adult child of the partner of a BN(O) status holder, they will also need to form part of the same household as that BN(O) status holder.

In subsequent applications, following a successful grant of permission, it will be sufficient for a dependent partner or Adult Dependent Relative to show that they already hold permission on the route. A child or grandchild who is under the age of 18 must continue to demonstrate that they meet a relationship requirement which links them to a person who has permission under the route. This is to ensure that those who have an on-going need to be cared for or supported by a relevant family member cannot have their application disconnected from that family member.

The BN(O) Household Member Route has two subcategories depending on whether the applicant is the child of a BN(O) status holder or the child of the partner of a BN(O) status holder.

Adult child of a BN(O) Status Holder

An adult child of a BN(O) status holder applying as a BN(O) Household Member is the child of a BN(O) status holder who is aged 18 or over, and who was born on or after 1 July 1997.

The adult child of a BN(O) status holder must:

be the child of a BN(O) status holder or someone who held BN(O) status before their death
hold a valid TB test certificate when applying for entry clearance
hold a valid TB test certificate when applying in country
meet the financial requirements
be ordinarily resident in Hong Kong, the UK, the Bailiwick of Jersey, the Bailiwick of Guernsey, or the Isle of Man

The adult child of a BN(O) status holder can apply independently from their BN(O) parents. Applicants do not need to form part of the BN(O) status holder’s household and do not need to apply at the same time.

Assessing the relationship

The applicant must show evidence that they are the child of a BN(O) status holder, such as:

a full birth certificate
an adoption certificate
a court order, such as a special guardianship order

The adult child must also show proof that their BN(O) parent holds BN(O) status (or did so before their death) such as:

a copy of their parent’s BN(O) passport
their parent’s BN(O) passport number

In circumstances where they are unable to obtain any of the evidence listed above, they can provide their parent’s date of birth and full name which can be checked using HMPO’s records.

If an adult child of a BN(O) status holder is deceased or dies during the application process

Family members of an adult child of a BN(O) status holder who died before an application was made under the Hong Kong BN(O) route will not be eligible to apply as if they were dependants of the deceased BN(O) Household Member.

This does not apply if the adult child of a BN(O) status holder dies during the application process. Under a concession outside Appendix Hong Kong British National (Overseas), if the deceased applicant has submitted an application for

permission under the BN(O) route that would not have been refused and their identity can be verified, regardless of whether they have submitted a valid application, you should consider the applications of their family members.

You should assess whether they meet the eligibility and suitability requirements of the route as if the deceased applicant were still alive, including confirming that the deceased applicant was the child of a BN(O) status holder. You must also consider the care requirement for dependent children and the dependency requirement for Adult Dependent Relatives as set out below. If they do meet all remaining requirements, you can grant them permission on the BN(O) route. You may request further evidence if necessary, for instance, if the maintenance funds are held exclusively by the deceased applicant at the time of applying, in line with the guidance on evidential flexibility.

The identity of the deceased applicant must still be verified. If the adult child of a BN(O) status holder had enrolled biometrics at a visa application centre or UKVCAS service point or scanned their passport on the UK Immigration: ID Check App, you will be able to confirm their identity and therefore, eligibility of the applicant and their family members for the route. If they had not yet enrolled their biometrics, you should write to the family of the deceased applicant to ask them to submit the passport of the adult child of a BN(O) status holder in order to verify their identity.

You will also need to appoint one of the remaining family members as the main applicant for the purpose of granting permission for the dependants. In most cases, this will be another adult who is responsible for the care of the remaining applicants, for example the dependent partner.

The care requirement also still applies to dependent children under 18 and the dependency requirement to Adult Dependent Relatives. In order to meet the care requirements for the route and maintain a necessary level of safeguarding, if the deceased applicant was the sole care provider for dependants who are either children under 18 or an Adult Dependent Relative, you should refuse their applications on the grounds that the applicant or applicants do not meet the care/dependency requirement in the rules. If there is, however, another adult who is responsible for the care of the children or the Adult Dependent Relative (for instance, a spouse, or partner, or the other parent of the children) who is also making an application, or already has permission on the route, you should consider the care requirement met as long as you are satisfied that the individual is responsible for the dependants’ care.

Additionally, if an adult child of a BN(O) status holder passes away during the application process, and their partner, children under 18 or Adult Dependent Relative subsequently make an application under the BN(O) route, their applications may be considered as if the deceased applicant were still alive. See the section ‘applying together’ below for more information.

If a family member makes a subsequent application for permission to stay, but their main applicant has passed away since the initial grant, you should still consider whether their application meets the requirements of the rules. You may consult your senior caseworker, who may refer to the BN(O) Route Policy team, for further advice.

Dependent partner

The dependent partner on the BN(O) Status Holder route must:

meet the relationship requirement
hold a valid TB test certificate when applying for entry clearance
hold a valid TB test certificate when applying for permission to stay in the UK
meet the financial requirements
be ordinarily resident in Hong Kong, the UK, the Bailiwick of Jersey, the Bailiwick of Guernsey, or the Isle of Man

Assessing the relationship

The dependent partner must meet the relationship requirement. If they are applying for permission to stay and have permission as a dependent partner on the BN(O) Status Holder route on the date of application, they will meet the relationship requirement.

Otherwise, they must demonstrate the relationship between the applicant and the BN(O) status holder is genuine and subsisting.

A BN(O) status holder’s spouse or civil partner should enclose a digital copy of their marriage or civil partnership certificate along with their application.

If the partner is not the spouse or civil partner of the BN(O), they must show that:

they have been in a relationship similar to marriage or civil partnership for at least 2 years before applying
any previous relationships of the BN(O) status holder or the partner have permanently broken down
they are not so closely related that they would not be allowed to marry in the UK

See the Relationship with a Partner guidance for further information.

BN(O) Household Child

A BN(O) Household Child is the dependent child or grandchild under the age of 18 of a BN(O) status holder or their partner who is applying on the BN(O) Status Holder route.

Both parents of the BN(O) Household Child must have permission to be in the UK (other than as a visitor) or be applying at the same time as the Household Child. For

example, this requirement would be satisfied where one parent is in the UK under the BN(O) route and the other is applying at the same time as the BN(O) Household Child.

The requirement to have permission does not apply if the parent is a British citizen, or a person who has a right to enter or stay in the UK without restriction (although such persons are required to be ordinarily resident in the UK, or to become so). The following exemptions apply:

the parent who is a BN(O) status holder or the partner of a BN(O) status holder is the only living parent
the parent who is a BN(O) status holder or the partner of a BN(O) status holder has sole responsibility for bringing up the child
there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission on the Hong Kong BN(O) route
there are serious and compelling reasons to grant the child entry clearance or permission to stay with the BN(O) grandparent or BN(O) grandparent’s partner who has permission on the Hong Kong BN(O) route

The Household Child must:

meet the relationship requirement
be under the age of 18 at the date of application
meet the care requirement for a dependent child in Appendix Children
intend to live with a parent who has permission on the BN(O) status holder route during their stay in the UK
hold a valid TB test certificate when applying for entry clearance
hold a valid TB test certificate when applying in country
meet the financial requirements
be ordinarily resident in Hong Kong, the UK, the Bailiwick of Jersey, the Bailiwick of Guernsey, or the Isle of Man

If a dependent child is born in the UK to a BN(O) status holder and/or their partner, who already have permission on the route, the BN(O) status holder and/or their partner should apply for permission for the child and provide a full UK birth certificate showing the names of the child’s parents.

Assessing the relationship

The BN(O) status holder or their partner must show evidence that they are the parent, adopted parent or guardian of the Household Child, such as:

a full birth certificate
an adoption certificate
a court order, such as a special guardianship order

Adult Dependent Relative of a BN(O) status holder or their partner

An Adult Dependent Relative is a person aged 18 or over at the date of the application who is the:

parent
grandparent
brother or sister
son or daughter

of a BN(O) status holder or BN(O) status holder’s dependent partner.

Assessing high dependency

Assessing high dependency is guided by, but not limited to, the following factors:

their age, illness, or disability requires long-term personal care to perform everyday tasks
the applicant is unable to access care in Hong Kong, even with the practical and financial support of the BN(O) status holder or the BN(O) status holder’s partner

You can request further information to establish the level of their dependency on the BN(O) status holder or the BN(O) status holder’s partner/spouse, such as evidence of medical conditions and how care is provided.

See the guidance on Adult Dependent Relatives for further information.

See Adult Dependent Relatives of the adult child of a BN(O) status holder for more information on how to assess applications from Adult Dependent Relatives on the BN(O) Household Member route.

Applying together

Under the BN(O) Status Holder route, our expectation is that BN(O) status holders and relevant family members will usually apply together, although they may choose to travel to the UK separately. See: Travelling to the UK separately. In practice, this means that the main applicant who is a BN(O) status holder should apply first and receive their Unique Applicant Number (UAN) or Global Web Form (GWF) reference. Any dependants applying should quote this UAN or GWF in their applications

Who must apply together with the main applicant?

A grandchild of a BN(O) status holder or their partner must apply for permission at the same time as the BN(O) status holder. They must pay their application fee within 48 hours of the BN(O) status holder submitting their application. If a BN(O) status holder is granted entry clearance or permission to stay and a grandchild makes an application at a later date, you must refuse the application.

Who can apply at a later date from the main applicant?

Dependent partners, dependent children aged under 18 and Adult Dependent Relatives are not required to apply at the same time as the main applicant and can instead apply to join them at a later date. When applying as a dependent partner, child or Adult Dependent Relative for the first time, the main applicant must have either made a valid application for entry clearance or permission to stay that has not been decided, have entry clearance or permission as a BN(O) status holder or as the partner of a BN(O) status holder or be a dual British Citizen and British National (Overseas).

The partner and dependent child of a BN(O) status holder who passed away during the application process are also not required to have applied at the same time as the main applicant.

BN(O) Household Member route

The BN(O) Household Member Route allows the adult child of a BN(O) status holder or the adult child of the partner of a BN(O) status holder, who was born on or after 1 July 1997 and is aged 18 or over, to apply to the Hong Kong BN(O) route with their eligible family members. The BN(O) Household Member route may also be used where a person had permission as a BN(O) Household Child but no longer qualifies for that route because they are now aged 18 or over. The applicant cannot have, or have last had, permission as a BN(O) Adult Dependent Relative on the Hong Kong BN(O) route.

On their first application under the route, all family members applying to the BN(O) Household Member route must be able to demonstrate that they meet a relationship requirement which links them to the adult child of a BN(O) status holder or the adult child of the partner of a BN(O) status holder. If they are applying as the family member of the adult child of the partner of a BN(O) status holder, they will also need to form part of the same household as that BN(O) status holder.

In subsequent applications, following a successful grant of permission, it will be sufficient for a dependent partner or Adult Dependent Relative to show that they already hold permission on the route. A child or grandchild who is under the age of 18 must continue to demonstrate that they meet a relationship requirement which links them to a person who has permission under the route. This is to ensure that those who have an on-going need to be cared for or supported by a relevant family member cannot have their application disconnected from that family member.

The BN(O) Household Member Route has two subcategories depending on whether the applicant is the child of a BN(O) status holder or the child of the partner of a BN(O) status holder.

Adult child of a BN(O) Status Holder

An adult child of a BN(O) status holder applying as a BN(O) Household Member is the child of a BN(O) status holder who is aged 18 or over, and who was born on or after 1 July 1997.

The adult child of a BN(O) status holder must:

be the child of a BN(O) status holder or someone who held BN(O) status before their death
hold a valid TB test certificate when applying for entry clearance
hold a valid TB test certificate when applying in country
meet the financial requirements
be ordinarily resident in Hong Kong, the UK, the Bailiwick of Jersey, the Bailiwick of Guernsey, or the Isle of Man

The adult child of a BN(O) status holder can apply independently from their BN(O) parents. Applicants do not need to form part of the BN(O) status holder’s household and do not need to apply at the same time.

Assessing the relationship

The applicant must show evidence that they are the child of a BN(O) status holder, such as:

a full birth certificate
an adoption certificate
a court order, such as a special guardianship order

The adult child must also show proof that their BN(O) parent holds BN(O) status (or did so before their death) such as:

a copy of their parent’s BN(O) passport
their parent’s BN(O) passport number