British National (Overseas) passport

Last updated

British National (Overseas) passport
British Passport 2020.svg
Front cover of the current British National (Overseas) passport (with chip EPassport logo.svg ), issued since March 2020
TypePassport
Issued byUnited Kingdom
First issued1 July 1987 (first version)
1 June 1990 (machine-readable passport)
2005 (first biometric version)
2020 (biometric version with polycarbonate data page)
PurposeBritish nationality identification and international travel document
Eligibility British National (Overseas) status
RightsStatus holders, or their first generation adult descendants born after 30 June 1997, can live, study and work in the UK for unlimited period with a valid BN(O) visa.

The holder of this passport has Hong Kong permanent identity card number XXXXXXX(X) which states that the holder has the right of abode in Hong Kong.

If the BN(O) holder is unable to produce their Hong Kong permanent identity card or valid HKSAR passport to prove their right of abode in Hong Kong, this observation is not printed in their BN(O) passport.

Before the Hong Kong Act 1985 and Hong Kong (British Nationality) Order 1986 were enacted, nationals of Hong Kong were entitled to British Dependent Territory Citizen status (British Subject CUKC before 1983). The observation then merely read:

The Holder has right of abode in Hong Kong.

UK immigration observations

British Nationals (Overseas) enjoy visa-free access for up to six months as a visitor entering the United Kingdom. The following statement is printed in BN(O) passports:

In accordance with UK immigration rules the holder of this passport does not require an entry certificate or visa to visit the UK.

BN(O) holders are however eligible to apply for limited leave to remain to live, work or study in the UK, with more favourable immigration conditions than being a visitor.

According to the latest BN(O) passport processing guideline issued by the Home Office in September 2021, [15] the following observation is entered onto BN(O) passports:

The holder is subject to control under Immigration Act 1971.

BN(O) holders who were previously granted indefinite leave to remain in the UK retain the following observation in their passport:

The holder is entitled to re-admission to the United Kingdom.

Obsolete observations

BN(O) passports issued between 30 March 2019 and 31 December 2020 (the UK's transition period for leaving the EU) contain the following observation:

The Holder is not entitled to benefit from European Union provisions relating to employment or establishment.

Since 31 January 2021, the HKSAR government no longer verifies the immigration status of BN(O) passport holders in Hong Kong. As a result, the observation regarding the Right to Land in Hong Kong is not printed in BN(O) passports from 31 January 2021. [16]

Criticism

The British National (Overseas) passports have been criticised [ citation needed ] for being too expensive, as compared to the HKSAR Passport, which has so far gained visa-free access from a similar number of countries as has the BN(O). In December 2013, the Foreign and Commonwealth Office of the United Kingdom announced backsourcing of overseas passport processing to their HM Passport Services in Liverpool. As a result, the fee for renewing BN(O) passports was reduced by 35% as of April 2014. [17]

Counterfeit scandal in the 1990s

In the early years after the transfer of sovereignty over Hong Kong in 1997, the issue of counterfeit British National (Overseas) passports aroused international attention and government scrutiny, as such passports were being manufactured and used by illegal immigrants from the mainland of the People's Republic of China, who wished to gain direct access to the United Kingdom by way of Hong Kong. [18]

Upon crossing the Hong Kong-Mainland China border, those illegal immigrants were easily detected by Hong Kong immigration officers, since the Mandarin-speaking immigrants invariably failed to understand or respond to officers communicating in Cantonese, the first language among Hong Kong's native population. [19]

With the introduction of biometric passports, the BN(O) passport has recovered credibility among the international community. Most immigration officers at major British and European ports of entry have been briefed on the six different classes of British nationality, so that they do not confuse a person using his or her BN(O) passport to cross the borders with other types of British nationals.[ citation needed ].

Use in Hong Kong

Since July 1997, Hong Kong Immigration Department no longer issues BN(O) passports.

Until 30 January 2021, BN(O) passport holders with the right of abode in Hong Kong could use their BN(O) passports to clear immigration control.

On 29 January 2021, Associated Press reported that the Chinese Foreign Ministry spokesperson Zhao Lijian announced: "China would no longer recognise BN(O) passports starting from 31 January," [20] in retaliation to the extension of BN(O) civil rights in the UK. On the same day, a similar press release from the Government of Hong Kong, said that starting 31 January 2021, British National (Overseas) passports would no longer be recognised as a proof of identity in Hong Kong and no longer be recognised for immigration clearance by the Immigration Department. [21]

Following media enquiries, several countries and regions announced that they would continue to recognise BN(O) passports, including the United States, Canada, Australia, Germany, France, Spain, Taiwan, Japan, Italy, South Korea, Netherlands, New Zealand, Malaysia, Singapore, Finland and Norway. [22] [23] [24]

Use in Mainland China and Macau

From 31 January 2021, BN(O) passports are no longer recognised as valid documents in Mainland China and Macau. [25] Hong Kong Permanent residents who are PRC citizens must use other travel documents such as Mainland Travel Permit and Hong Kong Identity Card.

Use in the United Kingdom

British Nationals (Overseas) are British nationals but not British citizens, and they are not considered 'foreign aliens' under UK law. BN(O) holders do not need to apply for residence permits if they remain in the United Kingdom for up to 6 months. As Commonwealth citizens, BN(O) holders who have leave to remain for longer than 6 months are eligible to register as a voter in the UK. They are also able to apply to join HM Civil Service or HM Armed Forces. After the passage of Hong Kong national security law, the UK government made it possible for BN(O) citizens to move to the UK permanently.

Before July 2020, BN(O) holders could visit the UK for up to six months (or three months when arriving from the Republic of Ireland). For longer stays or other purposes of visit, they needed to apply for the appropriate visas at UK diplomatic missions overseas. [26] BN(O) holders are currently ineligible to request the Registered Traveller service for using automatic e-gates at UK borders. [27]

From 31 January 2021, BN(O) holders will be able to apply for a visa which confers the right to work and study in the UK (known as the BN(O) visa). After continuous residence for five years, BN(O) holders, like those of other qualifying immigrants in the UK, are eligible to apply for settlement, officially called indefinite leave to remain (ILR). They can subsequently register as a British citizen after they have gained ILR for one year. [26]

On Mar 5, 2021, BN(O) visa holder with ‘imminent risk of destitution’ will be able to apply for public funds on a case-by-case basis. [28] [29] [30]

From 30 November 2022, the first generation adult descendants of BN(O) status holders can apply for the BN(O) visa. Applicants must be born after 30 June 1997, and can bring their qualifying dependents to come to live, work or study in the UK with a route to settlement and citizenship. [31]

In the 2023 United Kingdom local elections, Ying Lisa Shayne Perrett, [32] a first-time BNO holder, was successfully elected as a councillor for the Bisley and West End constituency in the 2023 Surrey Heath Borough election after the Greater London Authority confirmed BN(O) have full voting rights on 2022. [33] [34]

Immigration, borders and visas

Countries and territories with visa-free or visa-on-arrival entries for British Nationals (Overseas) Visa requirements for British Nationals (Overseas).png
Countries and territories with visa-free or visa-on-arrival entries for British Nationals (Overseas)

Hong Kong

BN(O) passport holders who possess right of abode in Hong Kong normally use their permanent identity cards to enter Hong Kong. As of 31 January 2021, BN(O) passports are no longer recognised as a legal travel document to enter or exit Hong Kong.

Macau

BN(O) passport holders normally use their Hong Kong identity card to enter Macau, allowing them to visit Macau for up to 1 year. As of 31 January 2021, BN(O) passports are no longer recognised as a legal travel document to enter Macau.

Mainland China

British National (Overseas) status is not recognized by the Government of China, so BN(O) passports are not recognized by Mainland China ports of entry controlled by Ministry of Public Security. In addition, the Government of Hong Kong does not allow BN(O)s to renounce their Chinese citizenship pursuant to the nationality law of the People's Republic of China. Therefore, BN(O)s who wish to visit Mainland China must obtain Mainland Travel Permit for Hong Kong and Macao Residents in advance. Starting from 29 January 2021, China no longer recognises BN(O) passports for travel or identification . [35] [36]

Taiwan

The Taiwanese government continues to recognise BN(O) passports as valid travel documents. To enter Taiwan, BN(O)s must obtain an ″Exit & Entry Permit″ which can be obtained either online at no cost or on arrival for a fee. [37] British officials are able to provide consular assistance to BN(O) holders in Taiwan.

Working Holiday Visas

BN(O) passports can be used to apply for working holiday visas in countries where Hong Kong has established a bilateral Working Holiday Scheme. Holders of BN(O) passport are not subject to the annual quota of 1,000 in the UK. [38] In late March 2021, the Hong Kong government told 14 countries to stop accepting a BN(O) passport for an application for a working holiday visa. However, the British foreign office reminded the Hong Kong government that it had no authority to dictate what passports other countries can recognise, and that BN(O) passports would remain valid British travel documents worldwide. None of the 14 countries accepted the Hong Kong government's demand. [24]

Starting from 1 July 2023, BN(O) passport holders are eligible for Australian working holiday visa arrangements in line with British citizen passport holders, under the free trade agreement negotiated between British and Australian governments. [39]

See also

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<span class="mw-page-title-main">Passport</span> Travel document typically issued by a states national government to its citizens

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Right of abode in Hong Kong entitles a person to live and work in the territory without any restrictions or conditions of stay. Someone who has that right is a Hong Kong permanent resident. Foreign nationals may acquire the right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including the right to vote in regional elections. However, they are not entitled to hold territorial passports or stand for office in some Legislative Council constituencies, unless they also naturalise as Chinese citizens.

<span class="mw-page-title-main">British National (Overseas)</span> Class of British nationality

British National (Overseas), abbreviated BN(O), is a class of British nationality associated with the former colony of Hong Kong. The status was acquired through voluntary registration by individuals with a connection to the territory who had been British Dependent Territories citizens (BDTCs) before the handover to China in 1997. Registration for BN(O) status was limited to the 10-year period preceding the transfer as a transitional arrangement for former BDTCs; current residents cannot newly acquire this nationality.

<span class="mw-page-title-main">Mainland Travel Permit for Hong Kong and Macao Residents</span> Travel document

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The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction, and is immune from removal and deportation.

<span class="mw-page-title-main">Hong Kong Certificate of Identity</span>

The Hong Kong Certificate of Identity (CI) was a formal travel document and passport, issued by the Hong Kong Government's Immigration Department until 30 June 1997. It is no longer possible to possess a valid CI as a travel document, as all CIs have expired by 30 June 2007, though most CI holders should be eligible to hold the HKSAR Passport.

<span class="mw-page-title-main">Hong Kong Special Administrative Region passport</span> Passports issued to permanent residents of Hong Kong who are Chinese citizens

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<span class="mw-page-title-main">British passport</span> Passport issued to British nationals

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A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the British Overseas Territories.

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<span class="mw-page-title-main">Hong Kong identity card</span> Official identity document for Hong Kong residents

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<span class="mw-page-title-main">Exit & Entry Permit for Taiwan</span>

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<span class="mw-page-title-main">Visa policy of Hong Kong</span> Policy on permits required to enter Hong Kong

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<span class="mw-page-title-main">Visa requirements for Chinese citizens of Hong Kong</span> Administrative entry restrictions

Visa requirements for Chinese citizens of Hong Kong are administrative entry restrictions by the authorities of other states placed on holders of Hong Kong Special Administrative Region passports.

Visa requirements for British Nationals (Overseas) are administrative entry restrictions by the authorities of other states and territories placed on British National (Overseas) passport holders. Several million people, the vast majority with a Hong Kong connection, hold this passport.

References

  1. ↑ "Hong Kong Act 1985". www.legislation.gov.uk. Archived from the original on 7 August 2019. Retrieved 20 June 2020.
  2. ↑ "BN(O)持有人留英「5+1」年即可取得英國公民身份" [BN(O) holders can obtain British citizenship after staying in the UK for "5+1" years]. Mad Dog Daily 癲狗日報 (in Traditional Chinese). 1 July 2020. Archived from the original on 1 July 2020. Retrieved 1 July 2020.
  3. ↑ "Hong Kong: Dominic Raab offers citizenship rights to 2.9 million British nationals". Sky News. Archived from the original on 2 July 2020. Retrieved 5 July 2020.
  4. ↑ "Holder's page of a 2007 BN(O) passport". Council of the European Union . Archived from the original on 3 January 2022. Retrieved 31 July 2010.
  5. ↑ Biometric-Passports Archived 29 January 2010 at the Wayback Machine , British Consulate-General Hong Kong, retrieved in 2008.
  6. ↑ Lords Hansard Archived 7 July 2018 at the Wayback Machine , British House of Lords, 22 March 2007 Archived 7 July 2018 at the Wayback Machine
  7. ↑ "More Hongkongers renewing British overseas passports amid political unease". South China Morning Post. 26 April 2015. Archived from the original on 8 November 2020. Retrieved 28 May 2020.
  8. ↑ "U.K. Grants Five Passports a Minute to Hongkongers as China Tightens Grip". Bloomberg News. 4 December 2020. Archived from the original on 23 February 2021. Retrieved 16 April 2021.
  9. 1 2 "Media factsheet: Hong Kong BN(O)s - Home Office in the media". homeofficemedia.blog.gov.uk. Archived from the original on 29 May 2020. Retrieved 29 May 2020.
  10. ↑ Number of valid British passports by type Archived 15 February 2016 at the Wayback Machine , WhatDoTheyKnow, 11 January 2016
  11. ↑ "British National (Overseas): Passports:Written question - 52461". wwww.parliament.uk. Archived from the original on 16 June 2020. Retrieved 16 June 2020.
  12. ↑ "FOICR 60516 Jonathan Lam final response.pdf". www.whatdotheyknow.com. 25 September 2020. Archived from the original on 30 January 2021. Retrieved 13 October 2020.
  13. ↑ "FOICR 62278" (PDF). www.whatdotheyknow.com. 9 January 2021. Archived (PDF) from the original on 28 July 2021. Retrieved 18 February 2021.
  14. ↑ "FOICR 73703" (PDF). www.whatdotheyknow.com. 2 January 2023. Retrieved 27 January 2023.
  15. ↑ "British national (overseas) passport processing Version 28.0" (PDF). www.gov.uk. Archived (PDF) from the original on 4 November 2021. Retrieved 26 December 2021.
  16. ↑ "British national (overseas) passport processing Version 28.0" (PDF). www.gov.uk. Archived (PDF) from the original on 4 November 2021. Retrieved 26 December 2021.
  17. ↑ Passport fees for British nationals overseas reduced by 35% Archived 13 May 2014 at the Wayback Machine , GOV.UK, 17 March 2014
  18. ↑ Hong Kong smugglers rely on UK passports Archived 10 December 2018 at the Wayback Machine , The Daily Telegraph, 23 July 2000
  19. ↑ Hong Kong: Gateway to the West Archived 21 March 2007 at the Wayback Machine , BBC News, 5 July 2000
  20. ↑ "China to stop recognition of British National Overseas passport". CBC. Associated Press. 29 January 2021. Archived from the original on 29 January 2021. Retrieved 29 January 2021.
  21. ↑ "HKSAR Government follows up on China's countermeasures against British Government's handling of issues related to British National (Overseas) passport". info.gov.hk. Government of Hong Kong. Archived from the original on 9 February 2021. Retrieved 8 June 2021.
  22. ↑ "BNO居留權︱多個大國接力撐 德國：立場冇變 ｜ 蘋果日報". Apple Daily 蘋果日報 (in Chinese (Hong Kong)). Archived from the original on 9 February 2021. Retrieved 4 February 2021.
  23. ↑ "眾新聞 | 【BNO一周總結】歐美日多國繼續承認BNO 東南亞國家未回應". 眾新聞 (in Chinese). Archived from the original on 12 July 2021. Retrieved 6 February 2021.
  24. 1 2 Torode, Greg; Roantree, Anne Marie (25 March 2021). "Exclusive: Hong Kong tells foreign governments to stop accepting special British passport". Reuters. Archived from the original on 25 March 2021. Retrieved 25 March 2021.
  25. ↑ "HKSAR Government follows up on China's countermeasures against British Government's handling of issues related to British National (Overseas) passport". Archived from the original on 9 February 2021. Retrieved 31 January 2021.
  26. 1 2 "UK to extend residence rights for British Nationals (Overseas) citizens in Hong Kong". GOV.UK. Archived from the original on 1 July 2020. Retrieved 1 July 2020.
  27. ↑ Cheng, Kris (27 January 2016). "HKSAR passport holders can join fast track UK border scheme – but BN(O) holders still ineligible". Hong Kong Free Press. Archived from the original on 26 May 2018. Retrieved 30 March 2017.
  28. ↑ "UK changes course to allow benefits access for Hong Kongers". POLITICO. 5 March 2021. Retrieved 20 July 2023.
  29. ↑ "Access to public funds within family, private life and Hong Kong BN(O) routes (accessible)". GOV.UK. Retrieved 20 July 2023.
  30. ↑ "Change of Conditions". visas-immigration.service.gov.uk. Retrieved 20 July 2023.
  31. ↑ "Hong Kong British Nationals (Overseas) Welcome Programme – information for local authorities". GOV.UK. Retrieved 30 November 2022.
  32. ↑ "Councillor details - Councillor Ying Perrett | Surrey Heath Borough Council". surreyheath.moderngov.co.uk. Retrieved 7 December 2023.
  33. ↑ "Acrobat Accessibility Report" (PDF). www.london.gov.uk. Retrieved 10 September 2023.
  34. ↑ "Borough elections 2023 | Surrey Heath Borough Council". www.surreyheath.gov.uk. Retrieved 5 July 2023.
  35. ↑ "China Will No Longer Recognize British Hong Kong Travel Document". Archived from the original on 1 February 2021. Retrieved 1 February 2021.
  36. ↑ "China derecognizes British National Overseas passport". 29 January 2021. Archived from the original on 31 January 2021. Retrieved 1 February 2021.
  37. ↑ "Entry requirements Archived 3 August 2009 at the Wayback Machine " Taiwan, Foreign and Commonwealth Office, retrieved in 2008.
  38. ↑ "Working Holiday Scheme Website - Partner Economies". 12 November 2020. Archived from the original on 12 November 2020. Retrieved 25 March 2021.
  39. ↑ "New arrangements for UK passport holders". 1 July 2023.
British National (Overseas) passport
Traditional Chinese 英國國民（海外）護照
Issued by
Hong Kong
Issued by
China
Issued by the
United Kingdom
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