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The Prime Minister, Boris Johnson, last year promised to change our immigration rules. This is to reflect a developing need to grant British national (overseas), (BN(O), a route to British citizenship and to allow them to live and work in the UK.  This is as a direct result of China’s threat to impose its National Security Law on the region.

The UK opened its doors to BN(O) status holders on 31 January 2021. The BNO visa allows BN(O) nationals and their family members to live, work and study in the UK. The main applicant and their eligible family members must apply to come to the UK at the same time.

Applicants are able to apply to stay in the UK for thirty months or five years. Applications can be made from outside the UK or from the UK, if you are already here. There is no cap at present as to how many times you may extend your visa in the UK. After successfully living in the UK for five years under this visa, you will be eligible to apply for settlement, followed by British citizenship after a further twelve months (provided you are able to satisfy the requirements for these applications as per the Immigration Rules at the time).

As expected, this visa also comes with a fee and the Immigration Health Surcharge is payable. The application fee for a thirty month visa is £180 and £250 for the five year visa. The applicant is also expected to pay £19.20 to have their biometrics enrolled as part of the application process.

The Immigration Health Surcharge (IHS) is currently set at two different rates covering adults (age 18) and children (under 18). For adults the IHS is set at £1560 if applying for a thirty month visa, and £3120 if applying for a five year visa. For children, the IHS is set at £1175 if applying for a thirty month visa and £2350 if applying for a five year visa.

Applicants need to show that they have enough money to pay for their housing and to be able to support themselves and any family members for six months. The finances of family members can be taken into account if they are applying at the same time. Applicants living in the UK for twelve months or more are exempt from the financial requirement.

The BNO visa is available only to British national (overseas) and their family members. Those individuals living in Hong Kong who are not BNO’s can however apply under other available immigration routes.

If you would like to discuss coming to live in the UK, please contact our immigration team. Henry Hyams has a highly experienced immigration team to guide you at every stage of your application.

Henry Hyams Solicitors have been providing legal advice for over 80 years. We have experienced solicitors who have been providing immigration advice assistance to clients nationally and internationally for many years.

Asif Hanif

Immigration Solicitor at Henry Hyams Solicitors, Oxford House, Oxford Row, Leeds, LS1 3BE