Although the UK government will explore options to allow BN(O)s to apply for leave to stay in the UK, if eligible, for an extendable period of 12 months, there are two other potential ways the UK government have debated in the past.
Following this announcement we have drafted the below fact sheet to ensure clarity on the rights of Hong Kong BNOs.
The Home Office has been working in close cooperation with the Foreign and Commonwealth Office on this unprecedented step, and will make more information available in due course.
Someone who was a British overseas territories citizen by connection with Hong Kong was able to register as a British national (overseas) before 1 July 1997.
British overseas territories citizens from Hong Kong who did not register as British nationals (overseas) and had no other nationality or citizenship on 30 June 1997 became British overseas citizens on 1 July 1997.
If you’re not already a British national (overseas), you cannot apply to become one.
The 1984 Agreement laid out that British Dependent Territories citizens would be eligible to retain an appropriate status which, without conferring the right of abode in the United Kingdom, would entitle them to continue to use passports issued by the Government of the United Kingdom.
BN(O)s have to qualify under the Immigration Rules in the same way as any other applicant.
Hong Kong passport holders can visit the UK visa free.
As of 24 February 2020, there are 349,881 holders of BN(O) passports. There are around 2.9m BN(O)s currently in Hong Kong.
What has changed for Hong Kong BN(O)s as of 28 May 2020?
The UK Government announced that if China follows through with its new national security law, the UK government will explore options to allow BN(O)s to apply for leave to stay in the UK, if eligible, for an extendable period of 12 months. Hong Kong BN(O)s currently have the right to enter the UK for six months.
The UK government has made this move as the new security law will undermine the existing legal commitments to protect the rights of Hong Kong people.
But does this go far enough? In this video I explore three scenarios.
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DISCLAIMER: This video is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this video.
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