The new immigration rules are to be introduced for Hong Kong Nationals (Overseas) and their close family members from January 2021. The BNO passport is essentially a travel document that does not carry citizenship rights with it - although you are entitled to some consular assistance outside of Hong Kong and China with it. On this note, the Home Office may under the current immigration concessions exercise their discretion to grant leave to remain to a person even though the person does not meet the criteria of the Immigration Rules, Humanitarian Protection or Discretionary Leave. In the letter, the Home Secretary requests that the UK grants BNO passport holders leave to enter the UK outside of the Immigration Rules, until a pathway to citizenship is enacted. July 30, 2020. United Kingdom: New rules for Hong Kong nationals with British National (Overseas) Status. The update talks about the rights to work for applicants who were granted Leave Outside the Rules as well as the announcement of refund for applicants who applied for Leave outside the Rules but is … Eligible BNO citizens will be able to switch to the Hong Kong BNO Visa route from within the UK. They have said in the recent guidance that has been published that BN(O) nationals can apply on arrival for ‘leave outside the rules’ if they are eligible for entry via another immigration route. If applicant will arrive before January 2021, leave can be granted to BNOs and their dependants at the border, outside of the Rules, for 6 months. Once you’ve applied, you can stay in the UK on the terms of your existing immigration leave until your application is decided. 24. The new BNO route will consist of two categories: From 15 July to 14 October 2020, a total of 2,116 BNO citizens and their dependants were granted Leave Outside the Rules at the border (BNO Impact Assessment, p. 7). On 22 September the Home Office updated the guidance on BNO visa and Leave Outside the Rules (“LOTR”) arrangements. Lewis Silkin – Immigration Rules confirmed for Hong Kong British National Overseas citizens Posted on Nov 18, 2020 Nov 20, 2020 From 31 January 2021, two new immigration routes will be introduced for British National (Overseas) (‘BNO’) citizens and for their adult children, who are born on or after 1 July 1997. Eligible BN(O) citizens will be able to … Eligible BN(O) citizens unable to meet the Immigration Rules may be granted Leave Outside the Rules at the border. Applicant must be a British National (Overseas), regardless of whether they hold a current valid passport; As long as one of the parents hold BNO status, children under 18 will be eligible to apply for a dependent visa, which will also allow them to live, work or study in the UK. However, exceptions will be made those Hong Kongers who feel they need to leave Hong Kong beforehand who can do so “outside of the rules” as long as they apply for the BNO route as soon as it is possible for them. Those who do not meet the Immigration Rules may be granted Leave Outside the Rules at the border. This means that your request will be considered by official at the port of entry. The new immigration scheme will begin accepting applications in January 2021. Leave Outside the Rules(LOTR)是甚麼? 英國內政部在7月22日公布的《香港BNO簽證政策聲明》(Hong Kong British National (Overseas) Visa Policy Statement)第8頁,早已闡述具BNO資格的人士和家屬可以憑Leave Outside the Rules(LOTR)提早移居英國。 The Home Office have offered a potential alternative route however. Applying for ‘Leave Outside the Rules’ from within the UK You can apply for ‘Leave Outside the Rules’ for a period of up to 6 months. Possibility of entering before the BNO visa route is available . A BNO citizen can come to the UK as a visitor for up to six months without a visa, or apply for an existing visa route. BNO passport holders are permanent residents of Hong Kong, who are entitled to British diplomatic and consular protections outside of Hong Kong and China. On 22 October 2020 the UK Government published a legal framework for the new British National (Overseas) (“BN(O)”) visa route as part of a Statement of Changes to the Immigration Rules. Main Requirements for a Hong Kong BNO Visa. When will the BNO scheme start and who can apply? Family Members. This route is not limited to Hong Kong BN(O)s with a valid BN(O) passport; meaning those with an expired or lost BN(O) passport are also able to apply. Two stupids, BNO holders were refused landing in UK according to the LOTR(Leave Outside the Rules) Close. Posted by 2 months ago. The Immigration Rules are designed to provide for the vast majority of those wishing to enter or remain in the UK however, the Secretary of State has the power to grant leave on a discretionary basis outside the Immigration Rules from the residual discretion under the Immigration Act 1971. BNO citizens and their family members arriving at the UK border before January 2021 can be granted “Leave Outside the Rules” for a limited period of six months. BNO citizens already in the UK on another form of leave will be able to apply and switch to the Hong Kong BNO Visa from within the UK from January 2021. The new BNO scheme is set to start from January 2021. The Home Office has announced plans to open the Hong Kong British National Overseas (BN(O)) Visa applications from January 2021. Leave Outside The Immigration Rules (LOTR) At ICS Legal we acknowledge that not all applications may fall within the Immigration Rules. In line with the Sino-British Joint Declaration following the handover of Hong Kong to China in 1997, Hong Kong nationals were granted a form of UK nationality termed British National (Overseas) or BN(O). Applicants on the LOTR route can bring their children (born after 1997), their partners and minor children to the UK. Leave Outside the Immigration Rules There is no way to apply for the BN(O) visa before the route opens in January 2021. Hong Kong, a former British colony, was returned to Chinese control in 1997. BN(O) citizens are permitted to enter the UK as a visitor for up to six months without a visa, or apply for an existing visa route. The Home Office announced the “Hong Kong BNO Visa Policy Statement” on 22nd July, stating that BNO-qualified persons and their families can migrate to the UK earlier under the “Leave Outside the Rules” (LOTR) for a period of 6 months. If a person is not eligible to enter the UK under an existing immigration route, Border Force Officers may be able to consider granting ‘Leave Outside the Rules’ at the UK border for a period of 6 months to … The new Hong Kong BN(O) Visa will allow BN(O) citizens to reside and work or study in the UK, with a route to settlement and then citizenship. Hong Kong BN(O)s and their immediate family members will be permitted to apply for a "Hong Kong BN(O) visa" from inside or outside the UK, which will come into effect in January 2021. Currently, Hong Kong BNO holder can stay in the UK as a visitor for up to 6 months without a visa however subject to immigration control without the right to live permanently, work or to study in the UK. This route will allow BN(O) citizens to enter the UK for either a period of 30 months or 5 years, permitting them to work, study, and live in the UK during this time. Border Force Officers may be able to consider granting ‘Leave Outside the Rules’ at the British border for a period of six months to BN(O) passport holders and their accompanying dependants. For more information and to book in a consultation, contact Fountain Solicitors Manchester, 0161 399 2786, or email szeb@fountainsolicitors.com In other words, the Home Office update on LOTR entry requirements confirms that Hong Kong citizens with BNO status have the opportunity of Two updates relating to BN(O) visa route was released today (11 December 2020). Whether you are in the UK or outside the UK, you may immediately apply for leave outside the rules for a period of up to six months, with the same eligibility requirements as above. How much will this new route to British citizenship cost? It was part of the 10-year handover preparations that entitled Hong Kong residents previously classed as British Dependent Territories citizens, to apply to register for BNO status before Hong Kong was handed back to the People’s Republic of China to became one of China’s … Before this date, is also possible for BNO citizens and their dependants who travel to the UK to be admitted outside the Immigration Rules on arrival and for those whose existing leave expires before the scheme launches to apply for further stay outside the Immigration Rules. British National (Overseas) Following the government’s commitment to establish a bespoke immigration route for Hong Kong British Nationals (Overseas), new rules are being introduced to bring the BNO visa route into effect from 31 January 2021. Eligible BN(O) citizens will be able to switch onto the Hong Kong BN(O) Visa from within the UK once it opens. Origins of the Hong Kong BNO status. In exceptional circumstances, BN(O) citizens and their family members arriving in the UK before January 2021 may be able to apply for “Leave Outside the Rules” for a period of 6 months, and then switch to the Hong Kong (BN(O)) visa. Requirements BNO, British National (Overseas) Passport, bno renew, United Kingdom, 居英權, 申請BNO, 英國國民(海外)護照, 英國簽證, 英國移民, 移民政策 ... Border Force Officers may be able to consider granting ‘Leave Outside the Rules’ at the UK border for a period of … For now, though, eligible Hongkongers can apply to enter the UK based on “Leave Outside the Rules” (LOTR) — guidelines that allow UK Immigration to exercise discretion on the … The UK Government has also advised that Hong Kong BNO citizens wishing to come to the UK prior to the route opening will be able to do so, either under existing visa routes (for example, as a visitor for up to six months) or under special ‘Leave Outside the Rules‘ provisions. One month later, they landed in the UK using Leave Outside the Rules (LOTR). You’ll need to pay the ‘Leave Outside the Rules… Eligible BNO citizens unable to meet the Immigration Rules may be granted Leave Outside the Rules at the border. However, they are subject to immigration control in the UK as BN(O) status is not equivalent to being a British Citizen due to the lack of ‘right of abode’. The status was created in 1987 by the Hong Kong Act 1985 and the Hong Kong (British Nationality) Order 1986. BNO with their immediate family dependents (including their spouse/partner and children aged under 18) are welcome to relocate to the UK via the Hong Kong BN(O) Visa scheme. Kane Chiang and his wife and two young kids decided that they would emigrate to the UK on 22 July 2020 when details of the BNO Visa came out. 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