British National Overseas Status for Hong Kong — Challenges and Opportunities

#FromtheArchives

Hong Kong has the support of the UK as they stand up to the giant that is China. Will Hong Kong residents be able to leave China? Will the BNO deter market share from other golden visa programmes in Europe?

The British National Overseas (BNO) status will be available to residents of Hong Kong (HK) from January 2021.

Protests, chaos and turmoil have plagued the streets of Hong Kong for over a year as civil unrest and discontent with China continues. This has cause a lot of political tension between amicable parties, China and the United Kingdom. According to the UK Government though this offer to Hong Kong residents is aligned with the UK’s commitment to “uphold their freedoms”.

During the course of 2019 the surge in Hong Kong’s demand for investment migration programmes in Europe; Portugal’s golden visa, Greece’s golden visa etc… was fueled by the residents growing discontent with China and the political and civic instability. This move by the UK to offer BNO status to Hong Kong residents though, puts a hamper on that market for immigration agents including the UK’s Tier 1 Visa.

Requirements for the BNO

Approximately three million Hong Kong residents could be eligible to avail the BNO route, a considerable market. As the BNO status can be renewed, after five years in the UK it also is a route to UK citizenship. There will be no salary threshold’s for BNOs and as of now, Hong Kong residents may be able to enter the UK under exceptional entry and convert to BNO status next year.

Eligibility requirements include the following:

  • Hong Kong residents;
  • Sufficient funds for accommodation and subsistence for at least 6 months;
  • English speaking or willing to learn English;
  • TB Certificate of Health;
  • No criminal records.

The Rule of Fear

Hong Kong’s national security law marks the start of a reign of terror. Secession, subversion and terrorism — or what China may deem falls under the net of this law, could result in life imprisonment.

China has had civil unrest in Hong Kong since 2019 and to counter it, they have taken the brutal decision to implement this draconian security law. In brief, any dissenting voices against China are breaches of this law. Trials may take place behind closed doors and internet providers are required to provide user’s data if requested. It imposes a new era of surveillance, fear and control.

To counter the UK’s move China has announced that they will not recognize the BNO passport, effectively banning Hong Kong residents from leaving, or leaving at risk of not being able to return…

A legal lock-in, at a time when the rest of the world is enduring enough lockdowns.

Regrettably this Hong Kong issue has created much tension between the UK and China and spilled over onto other areas including the UK’s stance on Huawei. In a contentious speech, the Chinese ambassador to the UK, Liu Xiaoming expressed regret that the tensions had esalated between both nations, hinting at the threat of a response if the UK persisted, and closed by saying;

“We have a thousand reasons to make this relationship successful and not one reason to make it fail.”

Q & A on the BNO

How long is the BNO Visa Valid for?

It is valid for 30 months (2.5 years) and can be extended. Alternatively a higher visa fee is charged for those applicants who wish to have a 5 year visa, but they must pay an Immigration Health Surcharge per individual.

Can dependents be included?

BNOs may bring their dependent children and those who are older than 18 (even if not eligible for the BNO status) and spouse.

Can BNOs obtain citizenship?

After five years, BNOs will be eligible to obtain citizenship if they meet the requirements for settlement in the UK.

Can Hong Kong residents travel to the UK now?

Formally the BNO route opens in January 2021 but exceptional entry for 6 months may be granted subject to the Home Office policy.

How can BNO applications be made?

These will be open both online and in physical to Hong Kong residents. Biometric will need to be submitted as part of the process (fingerprints are not required unless the dependent of the BNO is not an eligible BNO in their own right) and this must be done in person. Once approved, the visa will be delivered in digital format and the BNO holder and dependents may travel on their HK Special Administrative Region passport.

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Originally published at https://civitaspost.com.

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