BNO Route to Settlement

BNO Route to Settlement

The BNO visa was introduced in 2021. The visa leads to the BNO route to settlement after 5 years, but can be combined with time on a number of other visa types. As a result, we have already made a number of successful applications for settlement on the BNO route. Other people are planning ahead to make sure that they qualify for settlement in the future. In this article we will look at the key requirements to apply for settlement in the BNO visa route.

5 years continuous residence

All applicants must have a current visa on the BNO route and meet the continuous residence requirement. This means that you must have lived in the UK for a continuous period of 5 years. You can your combine time on the BNO route with time on any other type of visa that potentially leads to settlement in order to clock up your 5 years.

For example, if you spent 4 years as a skilled worker before switching to the BNO visa, you only need to spend one year on your BNO visa in order to reach 5 years.

Your previous visa must have been on a route that leads to settlement in its own right. You cannot count time on the youth mobility visa, a student visa, the graduate visa or with leave outside the rules.

Relationship for Dependants

A lot of applicants will have been granted their first BNO visa are not BNO nationals themselves. They have been granted their visa because they are the family member of a BNO status holder. You might be the partner of a BNO visa holder, a child of a BNO visa holder, or a ‘BNO household member’ i.e. a grown-up child of a BNO status holder who was born after 1^st July 1997, and their families.

Most applicants who are 18 years old or over do not need to re-demonstrate their family relationship in order to qualify for settlement. This means that dependants who are over 18 years old when they reach the 5-year point can qualify for settlement, even though the main BNO status holder doesn’t.

For example, a BNO Household member can qualify for settlement even if their BNO parent has spent more than 180 days per year outside the UK.

This also means that a dependant partner of a BNO status holder can stay in the UK and apply for settlement even if their relationship with the main applicant has broken down.

This is highly unusual- for most visas, dependants must prove that they are still in a family relationship with the main applicant and that the main applicant is also settled.

There is one important exception to this rule. Those who were granted their visa as an ‘Adult Dependant Relative’ do still need to show that the main applicant is settled or has become British. The term ‘Adult Dependant Relative’ has a very specific meaning. It refers to someone who was granted a visa because they are a parent, grandparent, sibling or child who needs care from their family as a result of illness, age or disability. It is likely to cover a small proportion of applicants.

Applicants who are still minor children must usually show that both of their parents are settled or British. There are exceptions to this rule if one parent has died, if one parent has sole parental responsibility for the child’s upbringing or if there are serious and compelling reasons why the child should be granted settlement. This is a highly complex area. It can be a particular issue where a couple have split up since moving to the UK and one parent has returned to Hong Kong. If your family is affected by this issue, then you can book an appointment to discuss your case.

There must also be appropriate care in place for a minor child and the child should be living with their parent. It is usually acceptable for a child to stay at a boarding school during term time and live with their parents in the holidays.

Knowledge of Life and Language

All adult applicants aged between 18 and 65 years old must pass the life in the UK test. There are exceptions for those who are unable to take the test due to a long term illness or disability.

All adults aged between 18 and 65 years old must prove that they can speak and understand  English to level B1 of the CERF framework.

Suitability for the BNO Route

All Applicants must meet the suitability requirement. This covers issues such as criminal convictions and breaches of the immigration rules. If you have any concerns about the suitability requirements, you can book an appointment to discuss your case.