Hong Kong BN(O) visa holders exempt from UK’s proposed 10-year settlement wait

Hongkongers moving to the United Kingdom under the British National (Overseas) visa scheme will be exempt from plans to double the qualifying period for settlement to 10 years, according to an official announcement on Monday.

But they will still face stricter English-language and criminality requirements, alongside existing conditions such as completing five years of continuous residence and passing the Life in the UK test.

British Home Secretary Shabana Mahmood on Monday outlined plans to overhaul immigration rules, under which migrants would no longer gain the right to live permanently in the UK almost automatically after five years.

Instead, the standard qualifying period for permanent settlement would double to 10 years, with shorter waits for those deemed to make greater contributions to the country.

The highest earners, for example, would be eligible to settle after three years, while those earning more than £50,271 (US$67,398) and some public service workers, including medical staff, would qualify after five years.

Mahmood said BN(O) visa holders were among the groups exempt from the longer qualifying period and changes to income requirements.

“They are exempt from any of [the] income changes. That reflects our long-standing commitment to them, but they have to meet the new minimum requirements,” she said.

She was responding to a question from MP Chris Curtis, who said Mahmood had listened to concerns about the country’s responsibilities towards BN(O) visa holders.

Britain introduced the bespoke visa scheme for Hongkongers following the enactment of the national security law in the city. More than 187,000 people have been issued BN(O) visas since the scheme opened in 2021.

Fellow MP Navendu Mishra said many Hongkongers had chosen to make Stockport and Greater Manchester their home, making “an invaluable contribution to our town and city region”.

“Many of them have been worried over the last couple of years about potential upcoming changes to indefinite leave to remain. I have met many of them over the last few months,” he said.

“What more can the Secretary of State say to reassure the people from the Hong Kong community who have used the British National (Overseas) visa scheme that they are welcome in this country and that they will have a fair shot in terms of indefinite leave to remain?”

In response, Mahmood said, “They have to meet the minimum requirements for English language, as well as no criminality and so on … The over-65s are exempt from the change in relation to English, which I think also provides a fair resolution for those who arrived on that route.”

Under the proposed settlement rules, the required English-language level would rise from B1 to B2, with the new standard equivalent to an A-level qualification in a foreign language. Applicants would also need a “spotless criminal record”, tightening the current threshold of a 12-month suspended sentence.

Other “non-negotiation conditions” would include having no outstanding debt to the taxpayer and a record of sustained national insurance contributions.