Switching Into BNO Dependant Visa UK

• Page Contents
• Overview
• Requirements For Switching Into BNO Dependant Visa UK
• Period and Conditions of Grant
• How Can We Help?
• Our Fixed Fees

You can apply for switching into BNO dependant visa from inside the UK if you are already in the UK on an a different UK visa. An application for switcing into BNO dependant visa from inside the UK is made in accordance with requirements as set out in Appendix Hong Kong British National (Overseas) of the Immigration Rules.

Our specialist team of immigration solicitors in London can provide expert immigration advice and legal representations on fixed fee basis for your application for switching into BNO dependant visa from inside the UK. 

Ask a question online to our specialist team of BNO visa solicitors for free immigration advice online or book an appointment online for a detailed immigration advice and consultation with one of our BNO visa solicitors concerning your application for switching into BNO dependant visa from inside the UK.

Requirements For Switching Into BNO Dependant Visa

A person applying for switching into BNO dependant visa should meet the following requirements of the immigration rules:

Valid Application

You must submit a valid application for switching into BNO dependant visa from inside the UK in accordance with requirements for a valid application as set out in Appendix Hong Kong British National (Overseas) of the Immigration Rules. 

Visa or Application Status of the Sponsoring BNO

When applying as a partner on the BN(O) Status Holder route, where the applicant does not currently hold, or did not last hold, permission as a partner on the BN(O) Status Holder route the applicant must be applying as a partner of a BN(O) Status Holder who:

• has made a valid application for entry clearance or permission to stay in the UK as a BN(O) Status Holder that has not been decided; or
• has entry clearance or permission as a BN(O) status holder;

When applying as a BN(O) Household Child on the BN(O) Status Holder route, the applicant must be applying as a child or grandchild of a BN(O) Status Holder or of the partner of a BN(O) Status Holder who:

• has made a valid application for entry clearance or permission to stay in the UK as a BN(O) Status Holder or as the partner of a BN(O) Status Holder that has not been decided; or
• has entry clearance or permission as a BN(O) status holder or as the partner of a BN(O) Status Holder.

Suitability Requirements

The applicant must not fall for refusal under Part 9: grounds for refusal.

If applying for permission to stay the applicant must not be:

• in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
• on immigration bail.

Ordinary Residence Requirement

 An applicant applying for permission to stay must be in the UK and must be ordinarily resident in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, the Isle of Man or Hong Kong on the date of application.

Relationship Requirement For Dependent Partner

If the applicant is applying for switching into BNO dependant visa as a parnter, they must meet the relationship requirement in HK 13.3. to HK 13.7.

The applicant must be the partner of sponsoring BNO status holder where one of the following applies:

• The sponsoring BNO status holder has permission on the Hong Kong BN(O) route; or
• The sponsoring BNO status holder is, at the same time, applying for (and is granted) entry clearance or permission on the Hong Kong BN(O) route.

The applicant must be aged 18 or over at the date of application.

If the applicant and the BN(O) Status Holder are not married or in a civil partnership, all the following requirements must be met:

• they must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application; and
• any previous relationship of the applicant or the BN(O) Status Holder with another person must have permanently broken down; and
• they must not be so closely related that they would not be allowed to marry in the UK.

The relationship between the applicant and the BN(O) Status Holder must be genuine and subsisting. The applicant and the BN(O) Status Holder must intend to live together throughout the applicant’s stay in the UK.

Relationship Requirement For BNO Household Child

The applicant must be:

• the child of a parent who has, or is at the same time being granted, entry clearance or permission as either a BN(O) Status Holder or the partner of a BN(O) Status Holder; or
• The grandchild of a grandparent who has, or is at the same time being granted, entry clearance or permission as either a BN(O) Status Holder or the partner of a BN(O) Status Holder.

If the applicant is applying for switching into BNO dependant visa as the grandchild of a grandparent who has, or is at the same time being granted, entry clearance or permission to stay as either a BN(O) Status Holder or the partner of a BN(O) Status Holder and the applicant has not previously had permission as a BN(O) Household Child on the BN(O) Status Holder route, they must:

• make an application at the same time as the grandparent who is applying for entry clearance or permission on the BN(O) Status Holder route; and
• form part of the same household as the BN(O) Status Holder on the date of application. A person will form part of the same household as the BN(O) Status Holder if they normally live with the BN(O) Status Holder.

Each of the applicant’s parents must either be applying at the same time as the applicant, or have permission to be in the UK (other than as a Visitor), unless:

• the parent with entry clearance or permission to stay as a BN(O) Status Holder or as a partner of a BN(O) Status Holder is the sole surviving parent; or
• the parent with entry clearance or permission to stay as a BN(O) Status Holder or as a partner of a BN(O) Status Holder has sole responsibility for the applicant’s upbringing; or
• the parent who does not have permission as a BN(O) Status Holder or as a partner of a BN(O) Status Holder –
  • is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
  • is or will be ordinarily resident in the UK; or
• there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the parent who has permission on the Hong Kong BN(O) route; or
• the applicant falls within HK 15.1(b) and there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the grandparent with entry clearance or permission to stay as a BN(O) Status Holder or as a partner of a BN(O) Status Holder.

If the applicant is a child born in the UK to a BN(O) Status Holder or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.

Age and Care Requirement For Dependent Child

The applicant must be under the age of 18 at the date of application.

The applicant must intend to live with a parent who has permission on the BN(O) status holder route during their stay in the UK, unless they can demonstrate a valid reason why they should not live with that parent.

There must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations.

Financial Requirement For BNO Dependant Visa

If the applicant is applying for switching into BNO dependant visa and has been living in the UK with permission for 12 months or more on the date of application, they will meet the financial requirement unless the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route.

If the applicant is applying for switching into dependant visa and has been in the UK for less than 12 months on the date of application, or where the applicant’s previous grant of permission was for 12 months Leave Outside the Rules following an unsuccessful application for the Hong Kong British National (Overseas) route, the decision maker must be satisfied that the applicant or the BN(O) Status Holder are able to maintain and accommodate the applicant adequately in the UK without recourse to public funds for at least 6 months.

The accommodation will not be regarded as adequate if:

• it is, or will be, overcrowded; or
• it contravenes public health regulations.

The applicant or the BN(O) Status Holder may rely on credible promises of future third party support. The applicant or the BN(O) Status Holder must show that they have the required funds as specified in Appendix Finance.

In-Country Tuberculosis Certificate Requirement

If the applicant is applying for permission to stay and:

• their last grant of permission was for 6 months or less; and
• the applicant was present in a country listed in Appendix T of these rules for more than six months immediately prior to their last grant of permission,

the applicant must provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them. A valid medical certificate is a certificate from an approved centre issued within the 6 months immediately before the date of application.

The in-country tuberculosis requirement is met if the applicant has provided a medical certificate as part of a successful application for entry clearance in the 12 months before the date of application.

The list of approved centres in the UK, updated from time to time, can be found at: https://www.gov.uk/government/publications/uk-tuberculosis-test-clinics-for-hong-kong-bno.

Period and Conditions Of Grant

A partner who does not have permission on the BN(O) Status Holder route on the date of application, will be granted permission which ends on the same date as the permission of the BN(O) Status Holder.

If the partner has permission on the Hong Kong BN(O) route on the date of application, they will be granted permission for either:

• 30 months, if the partner applied for 30 months; or
• 5 years, if the partner applied for 5 years.

A BN(O) Household Child who does not have permission on the BN(O) Status Holder route on the date of application, will be granted permission which ends on the same date as the permission of the BN(O) Status Holder who has (or is being granted) permission.

If the BN(O) Household Child has permission on the BN(O) Status Holder route on the date of application they will,

• where the BN(O) Household Child is applying as the dependent of one parent or grandparent with permission as a BN(O) Status Holder or the partner of a BN(O) Status Holder, be granted permission that ends on the same date as that parent or grandparent; or
• where the BN(O) Household Child is applying as the dependent of both parents or grandparents with permission as a BN(O) Status Holder or the partner of a BN(O) Status Holder, be granted permission that ends on the same date as those parents or grandparents or, if different, the same date as the parent or grandparent whose permission ends first.

The grant will be subject to all the following conditions:

• no access to public funds; and
• work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson (including as a sports coach); and
• study is permitted, subject to the ATAS condition in Appendix ATAS.

How Can We Help?

Our specialist team of BN(O) visa solicitors can provide expert immigration advice and legal representations on fixed fee basis for your application for switching into BNO dependant visa from inside the UK. The immigration caseworker to be carried out by our immigration solicitors in relation to your application will entail the the following:

• Our immigration solicitors will assess your eligibility for switching into BN(O) dependant visa from inside the UK by considering all the relevant eligibility requirements;
• Our immigration solicitors will advise you on relevant documents to be submitted in support of your application for switching into BN(O) dependant visa;
• Our immigration solicitors will assess the documentary evidence to ensure that the documents are in line with the Home Office UKVI requirements for switching into BN(O) dependant visa from inside the UK;
• Our immigration solicitors will complete online application form for switching into BN(O) dependant visa from inside the UK;
• Our immigration solicitors will prepare a detailed cover letter in support of your application to explain in detail how all the relevant requirements for switching into BN(O) dependant visa have been satisfied by the applicant;
• Our immigration solicitors will submit the application online, paying the Home Office UKVI fees for the application and booking applicant's appointment with the UKVCAS application centre;
• Our immigration solicitors will upload all the supporting documents online in support of the application;
• Our immigration solicitors will do all the follow-up work including responding to any queries raised by the Home Office UKVI until decision is reached on your application.

Our Fixed Fees For Switching Into BNO Dependant Visa

• Our immigration solicitors will charge a fixed fee ranging from £1,000 to £1,500 (no VAT) for your application for switching into BNO dependant visa from inside the UK. The agreed fixed will depend on the complexity of the application and the volume of work involved in the BNO dependant visa UK application.
• Our fixed fee for the application does not cover any disbursements e.g. UKVI fee for the application and the applicant has to separately pay the Home office UKVI fees for the application.