Lessons from the BN(O) Visa Scheme

By Vanessa, Meher, Nivedha, and Caiti

The crisis in Hong Kong On the 31st of January 2021, the UK government launched the BN(O) visa route in response to changes in Hong Kong’s political environment, particularly following the introduction of the National Security Law. This law was passed in response to the protests in Hong Kong which peaked between 2019-2020. These were kickstarted in response to an extradition bill by China, which meant that some suspects could potentially be sent to China for trials.

In response to this, China passed the National security law, which it believed would give the city a legal framework to deal with security challenges. Its main effects were criminalising anything considered secession, which includes breaking away from China, subversion (undermining the authority of central government) or terrorism and collusion. These 4 crimes are punishable by life in prison, and the most worrisome part for many is that Beijing has ultimate authority over how this act should be interpreted. 

The UK government was concerned over how this act limited Hong Kong’s autonomy, which it had been granted via a mini-constitution known as ‘the Basic Law’ in 1997. This was during the transfer of control from Britain back to China. Under this agreement, Hong Kong had a range of abilities not afforded to other regions in China, but most notably Hong Kong would enact its own National security law. This infringement of Hong Kong’s autonomy prompted the British to allow a path to help Hong Kongers who wished to leave and had British National overseas status. This was framed not as a political gesture but as a legal and moral commitment to honour longstanding historical ties.

This allows people with BN(O) status to enter the UK and live, work or study within the UK with a path into citizenship if they wished to apply after becoming eligible. People with BN(O) status were those who applied on or before 1st July 1997, and their children are also eligible for BN(O) visas. It gives many Hong Kongers the chance to immigrate into the UK and has already allowed 150,000 people to move to the UK. (This has had a significant impact on immigration policy in the UK) 

Sources:

1. BBC News Article: Hong Kong: UK makes citizenship offer to residents, Available at: https://www.bbc.co.uk/news/uk-politics-53246899

2. BBC News Article: Hong Kong National Security law: What is it and why it is worrying, Available at: https://www.bbc.co.uk/news/world-asia-china-52765838

3. British National Overseas Visa, Available at: https://www.gov.uk/british-national-overseas-bno-visa

4. Visas, security and access to services for Hongkongers living in the UK, Available at: https://researchbriefings.files.parliament.uk/documents/CDP-2024-0129/CDP-2024-0129.pdf

The policy response: The BN(O) visa is granted for either two years and six months or for five years. After five continuous years of living in the UK, holders of the BN(O) visa can either extend their stay or they can apply for indefinite leave to remain (ILR) after five continuous years in the UK. After a year of holding ILR, applicants are eligible to apply for British Citizenship. 

In order to apply for a BN (O) visa, you will be needing a series of documents. If you are a British national living overseas, you can use a current or expired BNO passport (or photocopy) to show your BNO status when you apply. You will also need to provide evidence that you live in Hong Kong, the UK, Channel Islands or Isle of Man, of your relationship with family members you decide to bring in your name, and of your Tuberculosis (TB) test certificate (which must be no longer than 6 months old). If any of the documents are not in English, you must provide a certified translation of said documents. 

Furthermore, you need proof of your house address, where you need three documents showing evidence that you have had a place to stay at. The evidence can include quite a few things, including but not limited to household & utility bills, bank statements and records of rent payment. You also need to provide proof that you have enough money to support yourself and your dependents for 6 months in the UK. This includes the payment of accommodation or an offer of accommodation from friends or family. Lastly, you must pay the visa application fees, as well as the healthcare surcharge. 

Once you have obtained the visa, you will be able to work in the UK without restriction except as a professional sports person or sports coach. One can take employment in any sector, be self employed or start a business allowing flexibility with career choices. Additionally education will be open to BN(O) families, where those meeting residence requirements can also qualify for student finance. However, in terms of university education, having a BN (O) visa from Hong Kong does not qualify for home fees in England or Wales, contrary to Scotland. Lastly, after paying the Immigration Health Surcharge, visa holders can use the National Health Service (NHS) on the same basis as UK residents. 

Nevertheless, until you have “settled” or reached permanent residency status, you will not be receiving most public benefits as they are restricted. Although when facing genuine distress, a change in conditions may be requested. 

Sources: 

1. https://www.davidsonmorris.com/bno-visa/

2. https://www.gov.uk/british-national-overseas-bno-visa

3. https://commonslibrary.parliament.uk/research-briefings/cbp-9950/

The settling experience

The government commissioned research demonstrates the various settling experiences of Hongkongers that now live in the UK. Interviews with settlers demonstrate that they overall feel welcomed but also suffer issues with housing, employment and access to information that would make the settling experience easier. The ability to speak the English language is the main factor that hinders a person's ability to integrate within the UK, the ability to find stable employment and to be able to connect with the society they now live in.

This research also displays that Hongkongers have struggled with understanding the rental market and the welfare system, as it differs from the systems in Hong Kong, linking back to the issue of the lack of access to information needed to ensure migrants can integrate within the UK. There is also the problem of qualifications from another country not being recognised in the UK, meaning people are forced to work lower skilled jobs despite their education, qualification and skill sets. It is clear that there is a major issue of migrants being unaware of the support available to them: as migrants from Hong Kong were unaware of how to utilise the government's 'Welcome Programme', or were too reluctant and nervous to seek help in a new country.

The government commissioned research shares similarities with other research, such as 'The Settling Experience of Hongkongers in London', an article that discusses post-1997 migration from Hong Kong as 'reluctant' and 'fear-based' migration, rather than based on economic reasons. Because of this it is crucial that the UK ensures that a proper framework is developed to make a meaningful impact on those who settle here in the UK, to ensure a smooth and successful integration.  Sources:

1. UK Government Research: Exploring the Experiences of Hong Kongers (including BN(O)s) Living in the UK. https://www.gov.uk/government/publications/exploring-the-experiences-of-hong-kongers-including-bnos-living-in-the-uk

2. The Settling Experience of Hongkongers in London: Another Case of Reluctant Migration in Fear of Beijing’s Takeover, JSTOR.

Conclusion 

As the British National (Overseas) visa pathway reaches its sixth year in 2026, it has become evident that formal immigration status, on its own, is insufficient to ensure meaningful integration. Although the UK’s policy response to political developments in Hong Kong reflects a strong acknowledgement of historical responsibility, the lived realities of BN(O) migrants suggest that successful settlement is largely determined at the local level. Practical factors such as access to reliable information, legal advice, language provision, and community-based support play a crucial role in enabling newcomers to convert legal entitlements into active social participation.

The BN(O) scheme demonstrates how migration policy can function effectively when underpinned by local involvement and an assumption of migrants’ dignity. At the same time, it highlights structural weaknesses within a system that places considerable responsibility on individuals to navigate complex bureaucratic frameworks, often relying on their own financial and social capital. These obstacles are not exclusive to Hong Kong migrants; other groups, including asylum seekers, frequently encounter comparable—if not greater—difficulties, typically in the absence of legal certainty or widespread public and political support.

Assessing both the strengths and limitations of the BN(O) route provides valuable insights for reforming the UK’s wider migration framework. Broadening access to integration support for all those seeking protection would allow the UK to develop a more coherent and humane approach, one that understands integration as an ongoing, collective process rather than the conclusion of a legal procedure.