New Hong Kong Watch briefing: BNO status - The Next Steps
Hong Kong Watch has long argued that the easiest way of increasing the rights of British Nationals (Overseas) (BNO) holders would be to change the Immigration Rules in order to affect quick changes, before campaigning for further steps such as right of abode or other suggestions that require parliamentary engagement and new primary legislation.
The British government have taken this welcome first step with a vitally important intervention in recent weeks. The Prime Minister wrote an op-ed in The Times which said that he would lay out reforms leading to a ‘route to citizenship’:
“This would amount to one of the biggest changes in our visa system in British history. If it proves necessary, the British government will take this step and take it willingly.”
This is an important and courageous step. But ‘a route to citizenship’ is a vague and imprecise commitment. It is important now that proper attention is paid to the details so that the proposed changes to the immigration rules provide the lifeline that BNOs, and Hong Kongers, need in the face of national security legislation which clearly breaches the Sino-British Joint Declaration.
This briefing, drafted with the help of immigration and human rights lawyer Perseus (a pseudonym), provides background details about the status of BNOs and a range of questions which policy-makers and journalists should be asking to ensure that the ‘pathway to citizenship’ outlined by the Foreign Secretary provides a genuine offer of refuge.
Unanswered questions include:
What do the proposals mean for young people who are not BNO holders, but are likely to be the target of Chinese government repression?
Under the new scheme proposed by the Government, which indicates there is a pathway to citizenship, will there be a dedicated route to Indefinite Leave to Remain (ILR)? If so, how many years is it proposed that BNO status holders and their dependants will have to be continuously resident in the United Kingdom before being eligible to apply for ILR? e.g. Currently BNO students have to wait 10 years before being able to apply, will this be more generous?
What will the financial requirements be for those staying here? Will this be a pathway to citizenship for the privileged few who can afford the steep cost?
Will BNOs have recourse to public funds?
Will BNO status holders and their dependants be subject to international student fees, or home student fees for higher education?
Our briefing calls on the UK government to work with parliamentary stakeholders and journalists to ensure that the pathway to citizenship is simple and accessible.
Click here to read the briefing