Why new UK immigration rules will hit Hong Kong BN(O) migrants hard

Key Concepts:

• British National Overseas (BNO) scheme
• UK immigration system shakeup
• Permanent settlement status
• Income threshold
• English proficiency levels (CEFR B1, B2)
• International English Language Testing System (IELTS)
• Hong Kong Diploma of Secondary Education Exam (HKDSE)
• 5+1 pathway (5 years settlement + 1 year for citizenship)
• Vulnerable groups (retirees, homemakers, students)

UK Immigration Shakeup and BNO Scheme Impact

In mid-November, the UK government introduced its most significant immigration system overhaul in nearly fifty years, aiming to make it more difficult for migrants to achieve permanent settlement status in the UK. However, the government stated that these changes would not affect individuals from Hong Kong who have relocated to the UK under the British National Overseas (BNO) scheme.

BNO Scheme: Current Provisions and Proposed Changes

Under the existing BNO scheme, Hong Kongers with BNO status are eligible to settle in the UK after residing there for five years. Following this five-year period, they can then apply for British citizenship. While the current five-year route to settlement remains unchanged for BNO visa holders, two proposed new rules could potentially impact them:

1. Income Threshold: A potential income threshold may be introduced, requiring applicants to demonstrate an annual income of £12,570 (approximately 128,000 Hong Kong dollars) for a period of three to five years.
2. English Proficiency: Applicants would need to meet the B2 English proficiency level under the Common European Framework of Reference for Languages (CEFR). This is an increase from the current B1 requirement. The B2 level is comparable to an A-level English qualification, a score of 5.5 to 6.5 in the International English Language Testing System (IELTS), or Level 3 in Hong Kong's Diploma of Secondary Education (HKDSE) examination.

Survey Findings and Concerns

A survey conducted by the London-based Sutton Hong Kongers group highlighted potential challenges posed by these proposed changes. The survey found that:

• Nearly one-third of individuals planning to settle in the UK under the BNO visa scheme are retirees, homemakers, and students. These groups are likely to be adversely affected by the proposed income threshold.
• Specifically, 19% of respondents were homemakers, while retirees constituted 8% and students 3% of the surveyed BNO visa holders.
• 16% of BNO visa holders who had only completed secondary school might face difficulties in meeting the stricter English language requirement.

The survey interviewed 690 Hong Kongers on the BNO route across the UK between October and November.

The "5+1" Pathway and Consultation

The Sutton Community Group expressed concerns regarding the potential implications for the "5+1" pathway. This pathway refers to the five-year qualifying settlement period followed by an additional year to apply for British citizenship. The group is worried that the UK government might extend this current extra one-year period required for citizenship application.

Furthermore, the stricter English language requirement is noted as a mandatory stipulation that is not open to consultation. It remains unclear whether individuals aged 65 and above, and those whose degrees were taught or researched in English, will continue to be exempt from the English language test.

Advocates' Recommendations

Advocates are urging the UK government to:

• Excuse existing BNO visa holders from these proposed changes.
• Retain the current English language and financial requirements.
• Provide exemptions for vulnerable groups who were initially admitted to the UK based on their savings and self-sufficiency.

Forecasted BNO Settlers

The UK government has forecast that approximately 195,000 BNO visa holders are expected to settle in the country over the next five years.

Conclusion

The UK's immigration shakeup, while aiming for broader system reform, presents potential challenges for Hong Kongers under the BNO scheme, particularly concerning income and English language requirements. Survey data indicates that vulnerable groups within the BNO community may be disproportionately affected. Advocates are calling for exemptions and the preservation of current provisions for existing BNO visa holders.