Since 31 January 2021, British National (Overseas) (“BNO”) status holders and eligible family members have been able to apply for the Hong Kong BNO visa, an unsponsored visa to live, study, and work in the UK, for up to 5 years. However, not all Hong Kongers are eligible.

You can read our guide to the Hong Kong BNO visa here.

When the Home Office conducted its impact assessment for the Hong Kong BNO visa category, it was estimated that there would be between 257,000 and 322,000 total applications over 5 years – an average of about 51,400 to 64,400 per year.

After 2.5 years of this immigration category going live, Home Office statistics (to the end of March 2023) show that over 160,000 visas have been issued for applications both submitted from outside the UK (for entry clearance), and from within the UK (e.g. extending or changing to this visa). That is on average, over 64,000 visas granted per year. Whilst this indicates the Home Office’s estimates were relatively accurate, in reality the average per year is likely to reduce due to the initial surge of applications, rather than a continuous high demand.

Although the Home Office does not retain/ publish data on where Hong Kongers move to within the UK, in March 2023, presenters at a Migration Policy Scotland event in Edinburgh estimated that around 6% of Hong Kongers moved to Scotland. It seems that key factors for choosing Scotland over other parts of the UK include for example cost of living, job opportunities, and schools.

Responses from the UKHK Survey 2022 show that Hong Kongers are likely to take up skilled jobs in shortage occupations including IT and information management, education and training, and accountancy, banking and finance. Only 27% of respondents were thinking of starting their own business.

Our BNO factsheet sets out the key requirements for this visa category for Hong Kongers and their eligible family members who are interested in applying. This immigration route offers greater flexibility over the majority of other UK visa categories, for example, the ability to:

• Choose a 2.5-year or 5-year visa, therefore greater management of costs such as the Immigration Health Surcharge;
• Work for different employers without sponsorship;
• Apply without a valid BNO passport; and
• Bring eligible extended family members such as grandparents, grandchildren, and siblings.

In April 2023, the Home Office introduced further positive concessions. The first is related to when a main applicant passes away during the application process. Their family members will still be able to apply as long as the application has not yet been refused. The second provides a 12-month extension where applicants don’t meet the financial or ordinarily resident requirements, to give them time to meet the requirements for their next BNO visa application.

Where applicants are eligible, the BNO visa category is clearly very attractive. However, there are other UK immigration options available, especially for Hong Kongers who are not eligible or for those who do not want to apply for the BNO visa.

For example, the Innovator Founder visa is an option open to migrants wanting to set up their own business(es) in the UK and it also allows them to work for others, without sponsorship. A key benefit of this visa category is that it is possible to apply for settlement (permanent residence) after just 3 years, opposed to 5 years under the BNO visa.

Another example is the Global Talent visa where individuals are recognised as industry leaders in the fields of:

• arts and culture;
• digital technology;
• engineering;
• humanities;
• medicine;
• science; or
• social sciences.

Whilst it does require securing endorsement from a specified body, there is also scope to apply for settlement after just 3 years in some cases, and in others, it will still take 5 years.

There may also be instances where an applicant may already be a British citizen under the British Nationality Act 1981 or is eligible to apply for British citizenship, due to historic links and/or for other reasons. For example, whilst rare, the British Nationality (Hong Kong) Act 1997 may still provide an option for a Hong Konger to become a British citizen where:

• they were immediately before 4 February 1997, and currently, ordinarily resident in Hong Kong;
• they were immediately before 4 February 1997, a relevant British national; and
• on 4 February 1997, did not hold any other, non-British nationality or citizenship.

Given the complexities of UK immigration, and the fact-dependent circumstances of an individual, if you have any questions about the Hong Kong British National (Overseas) visa and/or would like to discuss any other UK immigration option, please do not hesitate to get in touch with our specialist UK Immigration team.

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