British National Overseas (“BNO”) status: pursuing higher education and a legal career in the UK

In light of the recent political instability in Hong Kong, many students are considering pursuing further education abroad, with the UK being one of the go-to destinations. The demand for higher education in the UK has been further bolstered by the Home Office’s recent decision to grant BNO holders a five-year visa with the option to obtain an “indefinite leave to remain” at the end of the five-year period. Here are a few key Q&As on how the most recent announcement would affect students who are hoping to pursue higher education in the UK, and parents who wish to relocate with their children.

Please note that the answers below are merely a summary of the Home Office’s recent publications and are not meant to be construed or taken as legal advice.

---

Q: My child is considering coming to the UK for university, how will that affect his or her visa requirements?

A: Assuming your child was born after 1997 and is over the age of 18, the recent announcement regarding BNO holders should have little to no effect on your child. As it is highly unlikely that your child would have a BNO passport, to the extent that your child would be pursuing higher education in the UK, they should (as before) obtain a Tier 4 student visa.

It is worth noting, however, that in limited circumstances where your family wishes to relocate (and you and/or your spouse are BNO holders), the Government may grant a visa for your adult dependant child(ren) on compassionate grounds - please see below an excerpt from the Home Office’s BNO Visa Policy Statement:

“We understand there will be cases where the children of BN(O) citizens will not normally be eligible because they were born after 1997 (so are not BN(O) citizens) and are over 18 so they would not normally be considered as a dependant in the UK’s immigration system. Therefore, in compelling and compassionate circumstances, we will use discretion to grant a visa to the children of BN(O) citizens who fall into this category and who are still dependent on the BN(O).”

Q: Will I be able to accompany my child when he or she relocates to the UK?

A: The BNO Visa Policy Statement states clearly that “BN(O) citizens with their immediate family dependants, comprising spouse or partner and children aged under 18, will be eligible to apply for the Hong Kong BN(O) Visa.” Provided you meet the eligibility requirements, you should be able to accompany your child(ren) if you so wish.

Q: Will my child be eligible for “home” university fees if I am eligible to apply (or have successfully applied) for the Hong Kong BN(O) Visa?

A: According to the UK Council for International Student Affairs, “in order to qualify for 'home' fees under this category, you [i.e. your child] must meet all of the following criteria:

(a) you must be settled in the UK on the first day of the first academic year of the course; and

(b) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and

(c) you must also have been ordinarily resident in the UK and Islands for the full three year period before the first day of the first academic year of the course, for example, if your course begins in October 2018 you must have been ordinarily resident in the UK and Islands from 1 September 2015 to 31 August 2018; and

(d) the main purpose for your residence in the UK and Islands must not have been to receive full-time education during any part of that three-year period.”

Gleaning from the above, it is unlikely your child would qualify for “home” fees if he or she is arriving in the UK just before the academic year. Your (or your child's) eligibility for the Hong Kong BNO Visa therefore does not automatically confer a "home" fees status.

Q: What if my child wishes to become a professional lawyer in the UK?

A: Normally, your child will require a visa sponsorship from the law firm or chambers. That said, international law firms in London are often willing to sponsor aspiring lawyers with international backgrounds.

Further and as set out above, with the BNO scheme, your child may be able to obtain an adult dependant BNO visa on compassionate grounds (although this is discretionary). According to the Policy Statement, BNO citizens and their dependants who apply and meet the requirements set out in the Policy Statement will have the right to work in the UK in almost any capacity as an employed or self-employed person, consistent with UK employment laws and subject to having the appropriate skills and qualifications for the period of leave granted under the Hong Kong BNO Visa. In effect, if your child is able to obtain an adult dependant BNO visa, it should mean that your child would not require visa sponsorship from his or her future employer.

For more details on becoming a lawyer in the UK, sign up to our university course (commencing in November 2020) or our career coaching sessions. You can register your interest or get more information via email: admittedlylegal@gmail.com).

Q: Will the BNO affect my child’s chances of getting into a good law school?

A: No. Your child’s chances of getting into a good law school would largely depend on the preparations he or she has done in advance of the application. We would be delighted to provide guidance and coaching at this important juncture of your child’s life - please sign up to our free webinar for more information!