Applying/Renewing BNO visa

1. Does each family member need to submit a separate application?
   Yes, each person must complete a separate application form and pay the fees individually.
2. Can I apply from other locations?
   BN(O) Visa applications can be submitted from other locations. However, if you are resident of other countries, further documents are required for residency.
3. Can a single parent apply with their child? Is submitting a divorce certificate sufficient?
   If the BN(O) holder has sole custody of the child, they can apply together. It is necessary to provide substantial documentation to prove sole responsibility, including evidence that the child resides with the main applicant, and that the applicant holds actual guardianship and has the authority to make day-to-day decisions for the child.
4. Can I apply for a BN(O) Visa with an unmarried partner?
   Yes. Unmarried partners who have lived together for more than 2 years can apply together for a BN(O) Visa. Both applicants must not be in any other marriage at the time of application and must provide evidence of living together for more than 2 years.

   If the unmarried partner has dependent children under their sole responsibility, the children can also be included in the application.

5. Can I apply for a BN(O) Visa if I have a criminal record?
   All criminal convictions must be declared as part of your application. The Home Office will assess each case in line with the Part 9: grounds for refusal under the Immigration Rules.

   If you have received a custodial sentence of 12 months or more, your application will normally be subject to mandatory refusal.
   
   For custodial sentences of less than 12 months, or for non-custodial convictions, the Home Office will consider the circumstances on a case-by-case basis, including factors such as the nature of the offence, how long ago it occurred, and any evidence of rehabilitation. In these cases, it is advisable to provide supporting evidence of good character.

6. Am I eligible to apply if I worked overseas for a short period?
   Yes — if you have not acquired another nationality, and Hong Kong or the UK remains your primary place of residence, you are still eligible to apply.
   
   
7. Can elderly parents be included in the application?
   If the parents live with the main applicant and are highly dependent on them, they may be eligible to apply as adult dependants.

   These types of applications can be complex, and individual circumstances must be carefully assessed.

Switching to BNO Visa

1. Which visa types can be switched to a BN(O) Visa within the UK?
   Regardless of your current visa type, as long as you hold BN(O) status, you can apply for a BN(O) Visa from within the UK.
   
   
2. Can I switch to a BN(O) Visa if I currently hold a dependant visa?
   Yes, you can.
   
   
3. Can my previous residence period count towards the five years required for BN(O) Visa settlement?
   Only residence on visas that lead to settlement can be counted towards the five-year requirement.

   Visa categories that count towards the BN(O) Visa residence period include:
   Tier 1 (main applicants and dependants), Tier 2 (main applicants and dependants), Overseas Representative (main applicants and dependants), Spouse visa (and dependants).

   Visa categories that do not count towards the BN(O) Visa residence period include:
   Visitor visa, Tier 4 student visa, Tier 5 temporary worker visa, and Youth Mobility Scheme visa (working holiday).

4. I currently hold a Tier 1 Entrepreneur visa. When I first applied, my child was a minor, but they have just turned 18. Can my child switch to a BN(O) Visa with us?
   Yes, as long as you can prove that your child is not yet living independently. This type of situation can be complex, so we recommend seeking advice from us.
   
   
5. How far in advance of my current visa’s expiry should I apply?
   You can apply for the BN(O) Visa at any time, provided you submit your application before your current visa expires.
   
   
6. Do I need to pay the Immigration Health Surcharge (IHS) again?
   Yes, the IHS must be paid again when applying for the BN(O) Visa (for either 2.5 years or 5 years).
   
   
7. If my current visa has not yet expired but my BN(O) Visa is granted, what happens to my old visa?
   Once the BN(O) Visa is granted, it will replace your old visa. If you hold a student visa, work visa, or relevant PBS dependant visa, you should inform your school or employer of your updated immigration status.
   
   
8. Do I need to take a TB test?
   You will need to take a tuberculosis (TB) test if:

   You are applying for a UK visa from outside the UK, you plan to stay for more than 6 months, and you have lived in a country where TB is common for more than 6 months.

   You are applying from within the UK for a British National (Overseas) (BN(O)) visa and did not provide a TB test certificate when you last entered the UK because your visa was valid for 6 months or less or you applied to enter the UK at the border.

   In such cases, you must get tested at a clinic approved by the Home Office. A TB test certificate is valid for 6 months from the date of your x-ray. If you already have a valid certificate from an approved clinic abroad, you do not need to take another test.
   
   

BNO ILR

1. Does time spent under other visa categories count towards BN(O) ILR?
   Only time spent on visa categories that lead to settlement (e.g. Tier 1, Tier 2, Spouse visa) may be counted, provided there was no break between visas.

   Time on Student visas, Visitor visas, Tier 5, or Youth Mobility Scheme visas does not count.

2. How soon should I apply before my BN(O) visa expires?
   You should apply before your BN(O) visa expires, and you can apply up to 28 days before meeting the 5-year residence requirement.
   
   

3. Do I need to pay the Immigration Health Surcharge (IHS) again?
   No, there is no IHS applicable to a BN(O) ILR application.
   
   

4. What happens if my ILR application is refused?
   If your ILR application is refused, you may be able to appeal or apply for an extension of your BN(O) visa, depending on your circumstances.
   
   

5. After I get ILR, do I need to apply for British citizenship?
   No, you can retain your original nationality, however, please note that if you remain outside the UK for more than 2 years then your ILR will lapse.