早前政部發佈了最新修定的移民條例，全份183頁紙涉及多個簽證，而有關BN(O) Visa一共有9個更新，此篇就為大家詳細逐一分析。

1. 主申請人和配偶可不同時間申請

原法例：HK 13.3. The applicant must be the partner of a person who is making an application for entry clearance or permission to stay on the BN(O) Status Holder route at the same time as the applicant.

更新：APP HK1. For paragraph HK 13.3., substitute

“HK 13.3. The applicant must be the partner of a person (P) where one of the following applies:

(a) P has permission on the Hong Kong BN(O) route; or

(b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Hong Kong BN(O) route.”.

這裏新增了(a)項，說明申請人(dependent partner)的配偶(即主申請人)若已獲批BN(O) visa也合資格申請，這意味主申請人及配偶可以分開申請。此項其實與4月9日的指引更新無異，是次修訂就正式把它加入法例中，有關早前指引的更新可以參考我們的文章：《BNO Visa 最新update解說》。

以上法例只限配偶，因此須補充以下幾點：

i. 除單親家庭外，18歲以下子女與父母一起申請的條件不變，即此類家庭需一起申請，或小孩只能加入較遲申請的家長中。

ii. 稍後加入的配偶和小孩，獲批之簽證有效期將會跟主申請人一樣，這有機會衍生續簽的問題

iii. 成年授養人仍須與主申請人一起提交申請

基於以上的更改，也帶來以下的變更：

原文：HK 22.3. A BN(O) Household Child who does not have permission on the BN(O) Status Holder route on the date of application, will be granted permission which ends on the same date as the permission of the BN(O) Status Holder who made their application at the same time as the applicant and who is being granted permission.

更新：APP HK7. For paragraph HK 22.3., substitute

“HK 22.3. A BN(O) Household Child who does not have permission on the BN(O) Status Holder route on the date of application, will be granted permission which ends on the same date as the permission of the BN(O) Status Holder who has (or is being granted) permission.”.

就是刪去一同申請的要求，另外還有：

原文：HK 15.2. If the applicant is applying for entry clearance or permission to stay and has not previously had permission as a BN(O) Household Child on the BN(O) Status Holder route they must:

(a) make an application at the same time as a parent or grandparent who is applying for entry clearance or permission on the BN(O) Status Holder route; and

(b) form part of the same household as the BN(O) Status Holder on the date of application.

更新：APP HK4. For paragraph HK 15.2., substitute

“HK 15.2. If the applicant is applying for entry clearance or permission to stay as the grandchild of a grandparent who has, or is at the same time being granted, entry clearance or permission to stay as

either a BN(O) Status Holder or the partner of a BN(O) Status Holder and the applicant has not previously had permission as a BN(O) Household Child on the BN(O) Status Holder route, they must:

(a)    make an application at the same time as the grandparent who is applying for entry clearance or permission on the BN(O) Status Holder route; and

(b)    form part of the same household as the BN(O) Status Holder on the date of application.”.

 

這裏也刪去「parent」的字眼，以配合其中一位家長先到埗的情況。此段同時亦保留「grandchild」和「grandparent」的字眼，即跟祖父母申請的18歲以下子女，需要同一時間申請不變。

2. 家長其中一方可以是英國國民或英國居民

針對申請內有的小孩的情況有這一段：

原文：HK 15.4. Each of the applicant’s parents must either be applying at the same time as the applicant, or have permission to be in the UK (other than as a visitor), unless:

(a) the parent with permission as a BN(O) Status Holder or as a partner of a BN(O) Status Holder is the sole surviving parent; or

(b) the parent with permission as a BN(O) Status Holder or as a partner of a BN(O) Status Holder has sole responsibility for the child’s upbringing; or

(c) there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission on the Hong Kong BN(O) route; or

(d) the applicant falls within HK 15.1(b) and there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the parent or grandparent who has permission as a BN(O) Status Holder on the Hong Kong BN(O) route.

更改：APP HK5. For paragraph HK 15.4., substitute

“HK 15.4. Each of the applicant’s parents must either be applying at the same time as the applicant, or have permission to be in the UK (other than as a Visitor), unless:

(a) the parent with entry clearance or permission to stay as a BN(O) Status Holder or as a partner of a BN(O) Status Holder is the sole surviving parent; or

(b) the parent with entry clearance or permission to stay as a BN(O) Status Holder or as a partner of a BN(O) Status Holder has sole responsibility for the applicant’s upbringing; or

(c) the parent who does not have permission as a BN(O) Status Holder or as a partner of a BN(O) Status Holder –

(i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and

(ii) is or will be ordinarily resident in the UK; or

(d) there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the parent who has permission on the Hong Kong BN(O) route; or

(e) the applicant falls within HK 15.1(b) and there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the grandparent with entry clearance or permission to stay as a  BN(O) Status Holder or as a partner of a BN(O) Status Holder.”.

更新除了加上字眼「with entry clearance」來指家長可持有其他簽證而不轉換至BN(O) Visa。同時也新增了(c)項，即是若其中一方為英籍人士或英國居民，都可以申請BN(O) visa。(有關BN(O) Visa與Spouse Visa之比較，可以參考我們早前相關的文章：《Spouse Visa VS BN(O) Visa》。)

家庭成員的子女情況亦類同，所以也有以下相似的變動：

原文：HK 37.2. Each of the applicant’s parents must either be applying at the same time as the applicant, or have permission to be in the UK (other than as a visitor), unless:

(a) the parent with permission as a BN(O) Household Member or the partner of a BN(O) Household Member is the sole surviving parent; or

(b) the parent with permission as a BN(O) Household Member or the partner of a BN(O) Household Member has sole responsibility for the child’s upbringing; or

(c) there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission on the BN(O) Household Member route.

更新：APP HK8. For paragraph HK 37.2., substitute

“HK 37.2. Each of the applicant’s parents must either be applying at the same time as the applicant, or have permission to be in the UK (other than as a Visitor), unless:

(a) the parent with entry clearance or permission to stay as a BN(O) Household Member or as a partner of a BN(O) Household Member is the sole surviving parent; or

(b) the parent with entry clearance or permission to stay as a BN(O) Household Member or as a partner of a Household Member has sole responsibility for the applicant’s upbringing;

or

(c) the parent who does not have permission as a BN(O) Household Member or as a partner of a Household Member –

(i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and

(ii) is or will be ordinarily resident in the UK; or

(d) there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the parent with permission on the Hong Kong BN(O) route.”.

3. 證明上的更改

原法例：HK 13.7. The applicant and the BN(O) Status Holder form part of the same household on the date of application and must intend to live together throughout the applicant’s stay in the UK.

HK 13.8. In HK 13.7. A person will form part of the same household as the BN(O) Status Holder if they normally live with the BN(O) Status Holder.

更新：

• APP HK2. For paragraph HK 13.7., substitute
  “HK 13.7. The applicant and the BN(O) Status Holder must intend to live together throughout the applicant’s stay in the UK.”.
  
  

• APP HK3. Delete paragraph HK 13.8.
  
  主申請人和配偶提交申請時不用證明同住 – 這考慮到有些因工作或其他原因而沒有同住的伴侶，不過仍然需要呈交二人關係的證明及地址證明文件來顯示常居地。另外，二人仍需要有意向在英國同住的要求維持不變。
  
  

• 新增：APP HK6. After paragraph HK 15.4., insert
  
  “HK 15.5. If the applicant is a child born in the UK to a BN(O) Status Holder or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.”.
  
  

• 新增：APP HK9. After paragraph HK 37.4., insert
  
  “HK 37.5. If the applicant is a child born in the UK to a BN(O) Household Member or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.”.
  
  

主申請人、配偶、家庭成員或家庭成員的配偶在英國出生的子女，必須提交英國出世紙，以顯示父母的名字。

以上修訂計劃於本年10月6日生效。

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