February 2

Hong Kong BNO opens but app delayed

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The new Hong Kong BNO visa is now open for applications both inside and outside the UK. However, the launch of the UK Immigration: ID Check app has been delayed until 23^rd February 2021. What does the mean for applicants and what should you do now? We have set out some options and consideration below for those inside and outside the UK.

Applying for a Hong Kong BNO visa from outside the UK

All applicants for any type of visa must have their identity and passport verified before their visa is granted. Applicants outside the UK have a choice in how they do this.

Applicants outside the UK currently have three options.

Complete their application form online and attend an in-person appointment at a biometric enrolment appointment at the Visa Application Centre (VAC).
Verify their passport and identity using the UK Immigration: ID Check app from 23^rd February 2021;
Fly to the UK before 23^rd February 2021 and apply for ‘leave outside the rules’ on arrival.

The decision will depend on the circumstances of each individual or family. However, some important points to consider are set out below.

In order to use the app you need to have a biometric chip in your passport. If you have an old passport without a biometric chip then you cannot use the app anyway, so your only options are options one or three.
If you decide to use option one, then you will have to submit your online application and then book your biometric appointment. You will not know what availability is like until after you submit the application, and you may have to wait for an appointment. The Home Office won’t consider your application until after you attend your biometric appointment. You therefore may not get a decision much sooner than if you wait for the app to go live.
If you use option one then you will usually have to leave your passport at the VAC and it will be returned to you once a decision has been made, which could take 12 weeks. There may be an option to keep your passport but this will come with an additional charge per person. If you know that you will need your passport then it may be easier to wait and use the app.
If you apply with the online form using option one, you will be given a period of 90 days during which you must enter the UK. If you use option two, then there is no deadline by which you must travel to the UK. If you use option three then you will be granted 6 months ‘leave outside the rules’ on arrival. You will then have to apply for the BNO visa from inside the UK.
Although the type of leave that you get will be the same, the physical documents that you receive will be different depending on how you apply.
If you use apply online using option one, you will get a vignette (sticker) in your passport that sets out the basic conditions of your visa. When you get to the UK you will get a biometric residence permit. This is a plastic card, similar to a driving licence and will also show the terms of your leave in the UK. As immigration lawyers, it can be useful to have this physical evidence both now and in the future. It can help build up a timeline of evidence in future applications, and having precise dates may be important. However, if you have concerns about having a physical record in your passport then you may prefer to avoid this.
If you use the app to verify your identity then you will only receive and email confirming that you have been successful. The record of your leave will be digital only and you will be able to access it online. The benefit of this is that you won’t lose it if you misplace your wallet! However, you are reliant on the Home Office computer record to be accurate and accessible. Although this system is already in place for some EU nationals, it is still relatively new.
If you use option three, you will receive a ‘leave outside the rules’ ink stamp in your passport on arrival. You will still have to apply for the BNO visa from inside the UK.

Applying for a Hong Kong BNO visa from inside the UK

Those applying from inside the UK have two options.

Complete their application form online and attend an in-person appointment at a biometric enrolment appointment at the UKVCAS service point.
Verify their passport and identity using the UK Immigration: ID Check app from 23^rd February 2021;

Points to consider are;

In order to use the app you need to have a biometric chip in your passport. Information currently available suggests that this must be a BNO passport, an HKSAR passport or an EEA passport. If you have a different passport, or an old passport without a biometric chip then you cannot use the app anyway, so your only option is option one.
If you use option one, then you will have to submit your online application and then book your biometric appointment. You will not know what availability is like until after you submit the application, and you may have to wait a few weeks for an appointment. The Home Office won’t usually consider your application until after you attend your biometric appointment.
There are only a limited number of free appointments at the UKVCAS service points. Paid for appointments start at £69.99. Therefore using the app is likely to be cheaper and more convenient. Although the type of leave that you get will be the same, the physical documents that you receive will be different depending on how you apply.
If you use apply online using option one, you will get a biometric residence permit. This is a plastic card, similar to a driving licence and will also show the terms of your leave in the UK. As immigration lawyers, it can be useful to have this physical evidence both now and in the future. It can help build up a timeline of evidence in future applications, and having precise dates may be important.
If you use the app to verify your identity then you are likely to only receive and email confirming that you have been successful. The record of your leave will be digital only and you will be able to access it online. The benefit of this is that you won’t lose it if you misplace your wallet! However, you are reliant on the Home Office computer record to be accurate and accessible. Although this system is already in place for some EU nationals, it is still relatively new.

If you are in the UK on a visa that has expired, you may still be able to apply from inside the UK. You will be able to submit an application if;