Immigration | What is a British National Overseas visa?

Dear Mr Bassie,

What is a British National Overseas Visa, and who is eligible to apply for one?

Any advice would be helpful.

F. F.

Dear F. F.,

Please note that a British National (Overseas) visa is usually allocated to someone who was a British Overseas Territories citizen and who was a previously British dependent territories citizen by connection with Hong Kong. That person was eligible to register as a British national (Overseas) prior to July 1, 1997.

Please note that British Overseas Territories citizens from Hong Kong who did not register as British nationals (overseas) and had no other nationality or citizenship on June 30, 1997, became British overseas citizens on July 1, 1997. Further, please be aware that persons who are not already a British national (overseas) cannot apply to become one.

Those persons who are British nationals (overseas) are able to hold a British passport and receive consular assistance and protection from UK diplomatic posts, except posts in mainland China, Hong Kong, or Macao.

However, those individuals are subject to immigration controls and do not have the automatic right to live, work, or study in the United Kingdom (UK). Also, they are not considered to be UK nationals by the European Union (EU). The British National (Overseas) visa allows the holder and their family members to live, work, and study in the UK.

Eligibility

Persons may apply for a BNO visa if they are 18 years or older and are either a British national (overseas) or the child of a British national (overseas) born on or after July 1, 1979. When applying from outside the UK, their permanent home must be in Hong Kong. or in the Channel Islands, or the Isle of Man. They are also able to apply from within the UK.

Family members of the applicant may apply for a BNO visa if they are eligible and must apply at the same time unless they are one of the following:

• A partner

• A child under the age of 18 years

• An adult dependent relative

Length of Stay

Persons who apply, if successful, can stay for either two years and six months or five years. Please be aware that successful applicants will be able to extend their visa once they are in the UK if they want to stay longer. Persons may apply to extend their visa as many times as they want. Please note that having lived in the UK for five years, they are eligible to apply to live in the UK permanently.

Successful applicants can use their BNO visa to work. However, they cannot work as a professional sportsperson or sports coach. They may also study at schools, colleges or universities.

Persons cannot usually get most benefits, that is, public funds. However, having obtained a BNO visa, persons may be able to get access to benefits. That is, they may be eligible for certain assistance. For example, they may be eligible for assistance if they do not have a place to live and cannot afford one or have a place to live but cannot afford essential living costs like food or heating. They may be able to receive help if they are at risk of losing their place to live or being unable to afford essential living costs; and if they have a very low income, and not having access to benefits would harm their child’s wellbeing.

Please note that if persons do get access to benefits, they can still apply to live in the UK permanently after five years.

I hope this helps.

John S. Bassie

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a chartered arbitrator and a member of the Immigration Law Practitioners Association (U.K.). Email: lawbassie@yahoo.com