Britain must stop moving the goalposts for Hongkongers on BN(O) scheme

The announcement of stricter rules for migrants wishing to settle in Britain has ended a lamentable period of anxiety and uncertainty for former Hong Kong residents forging a new life in the country.

When the plans were first proposed in May last year, Hongkongers living in the United Kingdom under a special visa scheme for British National (Overseas) passport holders feared there would be drastic changes to their pathway to citizenship.

The proposals, intended to ease public concerns about high levels of immigration, double the standard period of residence required before immigrants are eligible for settlement from five to 10 years.

This is intended to ensure that settled status, which provides an indefinite right to remain in the UK and access to education, health and welfare services, is “earned” rather than granted automatically.

Home Secretary Shabana Mahmood confirmed last week that migrants using the BN(O) scheme will continue to be eligible for settlement after five years.

That should never have been in question. It would have amounted to an outrageous breach of promises relied on by Hongkongers when uprooting their lives and moving to the UK.

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Mahmood also clarified that new income requirements would not apply to those on the scheme. This is also significant. Most other applicants must earn over £12,570 (US$17,000) a year and will need an income of £50,271 or more a year to qualify for a five-year period.

The exclusion of BN(O) migrants from the most severe changes is welcome. But the arrivals from Hong Kong will be required to meet higher English language standards. This will not apply to those over 65, considered the most likely to be affected.

Nevertheless, the shift from level B1 to B2, a much more challenging standard, will leave some fearing they will struggle to make the grade. Applicants must also have no criminal record and make sure they have paid the UK’s eye-watering taxes and national insurance contributions.

Many of the BN(O) migrants left Hong Kong as a result of political changes in the city after the imposition of a national security law in 2020. Britain introduced the scheme the following year. But the political headwinds in the UK may have left Hongkongers feeling they have jumped from the frying pan into the fire.

Concerns about immigration have dominated politics and influenced government policy. There have been violent anti-migrant protests. These have primarily targeted asylum seekers making the perilous journey from France on small boats.

The government’s response to public concerns has been influenced by the popularity of the right-wing, anti-immigration Reform UK party. Reform UK has led in opinion polls and won the most seats and votes in local elections in May last year, shortly before the new settlement rules were proposed.

Mahmood said a year ago she was not prepared to “cede this territory of secure borders to parties of the far-right”.

The pressure has eased a little since then. Net immigration hit a peak of 906,000 in the year to June 2023. The figure fell to 171,000 last year. Arrivals on small boats have dropped by 42 per cent in the year to September 29. Meanwhile, a recent YouGov poll showed Reform UK, beset by scandals, to have slipped to third place, with the ruling Labour Party top.

Mahmood’s speech introducing the new rules lacked the now familiar fiery rhetoric on immigration. But with protests over small boat arrivals continuing, these remain uncertain times for immigrants.

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The BN(O) scheme, which has seen visas granted to more than 187,000 Hongkongers, marked its fifth anniversary in January. This year has seen thousands of applications for settlement with many more to follow. It is a sensitive time.

Surveys consistently suggest most arrivals under the scheme have settled in well, are satisfied with their new lives and have been made to feel welcome. The overwhelming majority intend to stay. But many face challenges finding jobs commensurate with their experience and qualifications.

Most of the Hongkongers are graduates and many will have no problem meeting the higher English language requirements. Those who need to improve should be given the advanced training they need. The idea of a single migrant from Hong Kong being refused settlement because their English is not quite up to scratch is abhorrent.

The government has rightly recognised the valuable contribution already made by Hong Kong people. Mahmood declared that the new settlement rules were governed by a commitment to fair play.

She avoided an own goal by sparing Hongkongers on the BN(O) scheme from the biggest changes. Now, there must be no more moving of goalposts.