British National (Overseas) Visa Eligibility

Overview

To apply for the BNO, you must meet certain eligibility criteria. They include:

• Be at least 18 years old.
• Be a BNO according to the Hong Kong British Nationality Order 1986.
• Have the capacity to support and accommodate yourself and any dependent in the UK for a minimum of at least 6 months.
• Be ordinarily resident in Hong Kong, if you are applying to enter the UK. But if you are applying for permission to stay, you should live in the UK, Jersey, Guernsey, the Isle of Man or Hong Kong.
• Have presented a valid TB certificate, if needed.
• There are no general grounds for rejection applicable to your application.

Changes to the Application Process

Previously, the scheme only allowed people born after 1997 to enter the UK with their parents. But the rules changed in 2022, and now permit some individuals who were born on or after July 1, 1997, and who are at least 18 years old, to apply for the BNO visa by themselves.

This implies that Hong Kong teenagers can visit the UK without being accompanied by their parents. To submit your application, you will not need to hold a valid BNO passport because the Home Office will be able to verify your status through their records.

You must provide your identification, such as a passport proving your nationality if required. To apply, you do not need a BNO passport as long as you fulfil the other requirements.

Furthermore, you must prove that you can afford a house and support yourself and your dependent family members for 6 months. The amount of money needed will vary based on the number of family members applying with you.

It must at least equal the UK’s equivalent of Income Support, and should cover your costs of accommodation. This would be approximately:

• £9,200 for 2 adult children, a couple and parents.
• £4,600 for 3 children and a couple.
• £3,100 for a child and a couple.
• £2,000 for one adult.

Your income, savings or help from your friends or family can help you to meet this requirement. If you have already stayed in the UK for the past 12 months, you will not be required to fulfil this financial requirement.

The concession allowing the Home Office to grant 12 months leave outside the rules to BNO applicants was extended by the Home Office in 2023. These applicants apply from the UK but do not meet ordinary resident or financial requirements at the time of their application. If you are an applicant under this route who does not meet the visa suitability requirements, you may not qualify for this route.

Applying from Outside the UK

Fill out your BNO visa application online and follow the guide on how to prove your identity to finish your application. At this stage, you may need to use the ‘UK Immigration: ID Check’ app to scan your EEA passport, BNO, or Hong Kong Special Administrative Region (HKSAR).

You can use these details to create or sign into your UK Visas and Immigration (UKVI) account.

You can attend an appointment at your nearest visa application centre to have your biometric information collected. Your passport may be retained while your application is being processed at the application centre. It is advised that you must be sure of the decision made on your application before you travel to the UK.

Applying from Within the UK

If another UK visa has granted you entry into the country, you can still apply to change it to a BNO visa. You have to apply for your BNO visa online.

At the time of your application, you will be told whether you need to verify your identity using the ‘UK Immigration: ID Check’ app if you possess an EEA e-passport, BNO, or Hong Kong Special Administrative Region (HKSAR). You may also be advised to attend an appointment at a UK Visa Citizenship Application Services (UKCAS) centre.

Overview

If you are a British National Overseas, or an adult child or a British National Overseas, your family members can apply for the BNO as your dependent.

Your dependents include:

• Your child or grandchildren under 18 years old.
• Your partner’s child is under 18 years old.
• Your unmarried partner, civil partner, wife, or husband.
• Your grandparent, parent, sister, brother, daughter or son (above 18 years old). They must live with you and are highly dependent on you because of age, disability, or illness.

Your children who are above 18 years old must apply for a BNO visa separately from yours. Whereas your partner’s child above 18 years old can apply as your dependent, provided they were born on or after July 1 1997 (their partner or child is also qualified to be your dependent).

Your application and that of your partner’s child must be filed at the same period as yours. They must typically live with you unless they are studying away from home.

For Partners

A partner applying to be your dependent for a BNO visa must be 18 years old or above. They must prove that:

• They are in a relationship and living with you for a minimum of 2 years upon their application.
• They are married or in a civil partnership that is recognised in the UK.

For Children Under 18 Years Old

Children under the age of 18 must typically apply with both parents, except if:

• One parent already possesses a BNO visa.
• One parent is a British citizen, and for this has the right to permanently live in the UK.
• One of the parents caters for the child alone.

The child must typically reside with you except if they are currently studying abroad or if they are applying after you have already relocated to the UK.

For Adult Dependents

If you have adult family members, they can also apply as dependents. They must live with you and be highly dependent on your assistance or personal care to carry out their daily activities because of their age, illness or disability.

The adult dependents in this category could be:

• Your grandparent or parent or those of your partner.
• Your daughter or son or those of your partner.
• Your sister or brother or those of your partner.

If you have adult dependent relatives, they can apply if they can prove that:

• They cannot be well taken care of in Hong Kong due to your absence despite the support from you and your partner.
• They typically reside with you or your partner.
• Medical documents show that they require long-term care to perform daily personal and domestic duties due to disease, disability, or advanced age.

The adult dependents can apply as adult dependent relatives, and they must apply concurrently with you.

Applying for the BNO Visa

Each of your family members must apply individually as your dependents and within the same period of leave, that is 5 years or 2 and a half years. You must submit your application to obtain an application number, otherwise called a Global Web Form (GWF) or a Unique Application Number (UAN).

When your dependent family members begin to file their applications, they must use your application number. Their applications must be filed on the same day you file yours (primary application).

To obtain a faster decision on your application, you can connect all your applications using a Group Reference Number (GRN). If you’re the first applicant in your family, you may be eligible for a GRN.

The GRN helps to create an application group for your family. Once they apply to be added to your group, your family members can then enter the GRN.

Keep in mind that, unless a parent or grandparent is solely responsible for children under the age of 18, they must apply with both of their parents. Also, in your applications, you and your family members must prove that you live together and have a qualifying relationship. After a visa decision is made, a dependent can’t apply.

Besides that, partners or children under the age of 18 don’t need to apply concurrently with you. This is because your partner and child can still apply when your visa is still valid. Also, within 2 days of your application, other family members need to apply as your dependents.

In light of these mentioned rules and qualifications for dependent family members, you may get confused along the way in your application. It is ideal to seek expert guidance from immigration lawyers.

Our immigration lawyers at Birmingham Immigration Lawyers are well-versed in all UK immigration-related matters. For assistance in applying for a BNO along with your dependent family members, call us on 0121 667 6530 or message us online.