The UK expands its Hong Kong visa scheme

The UK is expanding its visa scheme for Hong Kongers. Now, any adult children of British National (Overseas) status holders who were under 18 at the time of the Hong Kong’s handover to China are eligible to apply, along with their own partners and children.

The loosening of restrictions is a “response to the 20-year prison sentence” imposed this week on British citizen and democracy campaigner Jimmy Lai, said South China Morning Post.

The Home Office said Lai’s sentencing had “criminalised dissent” in the Chinese-administered territory, and its expansion of the visa scheme “honours the UK’s historic commitment to the people of Hong Kong and comes amid the continuing deterioration of rights and freedoms”.

Why did the UK start offering the scheme?

British National (Overseas) status was established in 1987 as a new form of British nationality that would enable Hong Kong citizens to register their connection with the UK ahead of the 1997 handover to China. Those with BN(O) status could obtain a special type of British passport, but that did not give them the right to live or work in the UK and they were still subject to UK visa requirements.

That changed in 2021, following the imposition of a national security law in Hong Kong that allowed Chinese authorities to crack down on pro-democracy dissent. The UK government set up a new visa pathway to allow those with BN(O) status and their dependent family members to come to live in the UK for up to five years, after which they would be able to apply for permanent settlement and British citizenship.

The changes enjoyed broad cross-party support in Parliament at the time. The UK-based charity Hong Kong Watch also praised it as a “lifeboat scheme” that offered Hong Kongers an “insurance policy” as their rights at home deteriorated.

How many people have arrived via the scheme?

In the five years since the BN(O) route was launched, more than 230,000 people have been granted a visa, and almost 170,000 have moved to the UK. This is below the original Home Office relocation estimates of up to 320,000, based on the 5.4 million Hong Kong residents who were potentially eligible.

Last November, when she announced sweeping reforms to the asylum system, Home Secretary Shabana Mahmood confirmed that Hong Kongers who arrived in Britain on a BN(O) visa will retain their five-year pathway to permanent UK settlement, despite the introduction of a new standard baseline of 10 years’ residence for most other migrants.

Who will be eligible in the expanded version?

China has continued its crackdown on rights and freedoms in Hong Kong – as was illustrated this week in the high-profile sentencing of Lai, after he was found guilty of two counts of conspiracy to collude with foreign forces and one count of publishing seditious materials.

The expanded visa scheme addresses the issue of young people who may have missed out on full eligibility because of their age. Those who were under 18 when their parent(s) qualified for BN(O) status were only able to apply to come to the UK with their parents. Now they will be eligible to come independently, and bring their partners and dependants with them.

Applicants must still “meet other suitability and eligibility requirements for the route, pay application fees and the immigration health surcharge”, said Reuters. Around 26,000 people are expected to arrive in the UK over the next five years under this expanded route.

“This country will always honour its historic commitment to the people of Hong Kong,” said Mahmood. “While we must restore order and control to our borders, the British people will always welcome those in genuine need of sanctuary.”