If you are a dependent partner or child under the age of 18 of a British National (Overseas) [BNO] status holder, you may apply for entry clearance for the BNO dependant visa from outside the UK. The BNO dependant visa application process is governed by the stipulations outlined in Appendix Hong Kong British National (Overseas) of the Immigration Rules. Upon the successful approval of your entry clearance application, you will be granted a BNO dependant visa for the same duration as the visa awarded to the sponsoring BNO status holder.

Aden & Co Solicitors is a trusted name in UK immigration law, known for delivering high-quality immigration services. Our team of fully qualified and experienced immigration solicitors has earned a reputation for excellence, as reflected in the 5-star ratings given by 99% of our clients on Google Reviews.

Our team of immigration specialists offers comprehensive legal advice and representation for BNO dependant visa entry clearance applications, all on a fixed-fee basis.

For expert guidance, reach out to our team of BNO visa solicitors online for free initial advice or schedule a consultation for a thorough discussion on your entry clearance application for the BNO dependant visa from outside the UK.

Requirements for BNO Dependant Visa Entry Clearance: A Comprehensive Guide

To successfully apply for a BNO dependant visa entry clearance, applicants must satisfy the specific criteria outlined in the Immigration Rules. Below are the key requirements:

Valid Entry Clearance Application
Applicants must submit a valid entry clearance application from outside the UK. This application must comply with the guidelines specified in Appendix Hong Kong British National (Overseas) of the Immigration Rules, ensuring that all necessary documentation and information are included to meet the specified entry clearance requirements.

Visa or Application Status of the Sponsoring BNO
When applying as a partner on the BN(O) Status Holder route, the applicant must demonstrate that they are the partner of a BN(O) Status Holder. The sponsoring BN(O) Status Holder must fulfill one of the following conditions:

• The BN(O) Status Holder has submitted a valid entry clearance application or application for permission to remain in the UK, and the decision on the application is still pending.
• The BN(O) Status Holder has already received entry clearance or permission to stay in the UK as a BN(O) status holder.

When applying as a BN(O) Household Child on the BN(O) Status Holder route, the applicant must be the child or grandchild of a BN(O) Status Holder or the partner of a BN(O) Status Holder. The sponsoring individual must meet one of the following conditions:

• The BN(O) Status Holder or their partner has made a valid application for entry clearance or permission to stay in the UK, and the decision is still pending.
• The BN(O) Status Holder or their partner has obtained entry clearance or permission to stay as a BN(O) status holder.

Suitability Requirements
Applicants must ensure they do not fall under the refusal grounds outlined in Part 9 of the immigration rules, which cover the reasons for refusal.

Tuberculosis Test Certificate Requirement
For those seeking entry clearance through the BN(O) Status Holder route, it is mandatory, as per paragraph A39 and Appendix T of the immigration rules, to submit a valid medical certificate. This certificate must confirm that the applicant has been screened for active pulmonary tuberculosis, and that no active tuberculosis is present.

Relationship Requirements for Dependent Partner
Applicants applying for entry clearance or permission to stay as a dependent partner under the BN(O) Status Holder route must meet the relationship criteria set forth in HK 13.3 to HK 13.7, if they have not previously been granted partner status on the same route.

To qualify, the applicant must be the partner of the sponsoring BN(O) status holder in one of the following scenarios:

• The sponsoring BN(O) status holder holds permission under the Hong Kong BN(O) route.
• The sponsoring BN(O) status holder is concurrently applying for (and receiving) entry clearance or permission under the Hong Kong BN(O) route.

Additionally, the applicant must be 18 years of age or older on the application date.

If the applicant and the BN(O) Status Holder are neither married nor in a civil partnership, they must meet the following conditions:

• They must have cohabited in a relationship akin to marriage or civil partnership for at least two years prior to the application date.
• Any prior relationships involving either the applicant or the BN(O) Status Holder must have permanently ended.
• The applicant and the BN(O) Status Holder must not be so closely related that a marriage would be legally prohibited in the UK.

It is crucial that the relationship between the applicant and the BN(O) Status Holder is genuine, subsisting, and both parties intend to reside together in the UK for the duration of the applicant’s stay.

Relationship Requirements for BNO Household Child Visa

To be eligible for the BNO Household Child Visa, the applicant must meet the following relationship criteria:

• Child of a BN(O) Status Holder: The applicant must be the child of a parent who holds, or is in the process of being granted, entry clearance or permission as a British National (Overseas) [BN(O)] Status Holder or as the partner of a BN(O) Status Holder.
• Grandchild of a BN(O) Status Holder: Alternatively, the applicant may be the grandchild of a grandparent who holds, or is in the process of being granted, entry clearance or permission as a BN(O) Status Holder or as the partner of a BN(O) Status Holder.

Application Process for Grandchildren

If the applicant is applying for entry clearance or permission to stay as the grandchild of a BN(O) Status Holder, and has never previously held permission as a BN(O) Household Child under the BN(O) Status Holder route, the following conditions apply:

• The application must be submitted at the same time as the grandparent’s application for entry clearance or permission as a BN(O) Status Holder.
• The applicant must be part of the same household as the BN(O) Status Holder at the time of application. A household relationship is defined by the applicant’s normal residence with the BN(O) Status Holder.

Parental Requirements

For the application to be considered, both of the applicant’s parents must:

• Apply at the same time as the applicant, or
• Have existing permission to stay in the UK (other than as a visitor).

However, there are exceptions if:

• The parent holding entry clearance or permission as a BN(O) Status Holder (or their partner) is the sole surviving parent.
• The parent with BN(O) Status Holder permission has sole responsibility for the applicant’s care and upbringing.
• The parent without BN(O) Status Holder permission:
  • Is a British citizen or holds unrestricted rights to enter or stay in the UK, and
  • Is, or will be, ordinarily resident in the UK.
• In cases of compelling and compassionate circumstances, where it is deemed necessary to grant entry clearance or permission for the applicant to stay with the parent who holds permission on the Hong Kong BN(O) route.
• The applicant falls within HK 15.1(b) and there are serious, compelling reasons to grant entry clearance or permission to stay with the grandparent who holds BN(O) Status Holder or partner status.

Age and Care Requirements for Dependent Children

To be eligible, the applicant must be under 18 years of age at the time of application. The applicant should intend to reside with a parent holding BN(O) status during their stay in the UK unless they can provide a valid justification for not living with that parent. Additionally, appropriate care and accommodation arrangements must be made for the child in the UK, ensuring compliance with all relevant UK laws and regulations.

Ordinary Residence Requirement

For applicants seeking entry clearance as a dependent partner or BN(O) Household Child, they must be ordinarily residing in Hong Kong at the time of application.

Financial Criteria for BN(O) Dependent Visa

When applying for entry clearance, it must be established that the applicant, or the BN(O) Status Holder, can financially support and accommodate the applicant in the UK for at least six months, without relying on public funds.

According to HK 14.2, accommodation will not be deemed suitable if:

• It is overcrowded, or
• It violates public health regulations.

The applicant or BN(O) Status Holder may depend on reliable promises of third-party support in the future. However, they must demonstrate that they possess the required financial resources as outlined in Appendix Finance.

Terms and Conditions for the Grant of BN(O) Dependant Visa

A partner applying for the BN(O) Dependant Visa who does not currently hold permission under the BN(O) Status Holder route will be granted permission that expires on the same date as the BN(O) Status Holder’s visa.

If the partner holds permission under the Hong Kong BN(O) route at the time of application, they will be granted permission for one of the following durations:

• 30 months, if the partner applies for a 30-month term; or
• 5 years, if the partner applies for a 5-year term.

In the case of a BN(O) Household Child who does not have permission under the BN(O) Status Holder route at the time of application, their permission will be granted to end on the same date as the BN(O) Status Holder’s visa.

The approval for the BN(O) Dependant Visa is subject to the following conditions:

• No entitlement to public funds.
• Employment is permitted, including self-employment and voluntary work, with the exception of working as a professional sportsperson, including in coaching roles.
• Study is allowed, subject to the Academic Technology Approval Scheme (ATAS) conditions outlined in Appendix ATAS.

How Can We Assist You with Your BNO Dependant Visa Application?

At Aden & Co Solicitors, our team of expert immigration solicitors offers specialized advice and legal representation on a fixed-fee basis for your BNO dependant visa entry clearance application. Our comprehensive fixed fee covers all aspects of your application, from initial consultation to the final decision made by the Entry Clearance Officer (ECO). Here’s what we will handle for you:

• Comprehensive Advice on Requirements: Our experienced immigration solicitors will provide clear guidance on the specific criteria you need to meet for your BNO dependant visa application to be successful.
• Document Guidance: Our team will prepare and send you a detailed list of all required supporting documents necessary for your BNO dependant visa application, ensuring you have everything needed for submission.
• Document Assessment: We will carefully assess all the documents you provide, ensuring they comply with the stringent requirements set forth by the Immigration Rules, and that nothing is overlooked.
• Completion of Application Form: Our immigration solicitors will handle the completion of your BNO dependant visa application form, ensuring it is filled out accurately and in full compliance with the necessary regulations.
• Fast-Track Submission via Priority or Super Priority Service: When possible, our team will submit your application through the Priority or Super Priority Service, facilitating a faster decision on your BNO dependant visa application.
• Appointment Scheduling: After submitting your online application, we will arrange your biometrics enrolment appointment at the designated application centre to ensure you meet all the necessary requirements for processing.
• Detailed Cover Letter Preparation: Our solicitors will prepare a detailed, legally sound cover letter to accompany your BNO dependant visa application, outlining how all legal requirements have been met to ensure a favorable outcome.
• Document Uploading: Prior to your biometrics appointment, we will upload all the supporting documents to the appropriate online portal, ensuring they are properly submitted for consideration.
• Ongoing Follow-Up: Our team will continue to monitor and manage the progress of your application, providing any necessary follow-up until the Entry Clearance Officer (ECO) makes a decision.

Tailored One-Time Services for UK Visa Entry Clearance Applications

At Aden & Co Solicitors, we offer an extensive range of one-time legal services to assist with UK visa entry clearance applications. Our specialized services are ideal for individuals who prefer a more focused approach rather than engaging our full-service offerings. Choose from the following bespoke one-off services tailored to your specific needs for UK visa entry clearance:

Fixed Fees for BNO Dependant Visa Entry Clearance Application

At Aden & Co Solicitors, we offer competitive fixed fees for the BNO dependant visa UK entry clearance application, ranging from £1,000 to £1,500 (excluding VAT). The final fee will be determined based on the intricacy of your application and the amount of work required to process the BNO dependant visa entry clearance.

Please note, our fixed fee does not include disbursements such as the UKVI application fee. Applicants are responsible for paying the Home Office UKVI fees separately.