BNO route to ILR

Hi All,

Many thanks to previous posts/threads on ILR/Tier 2 etc as I've found them very educative.

I switched to a BNO Visa as an adult child of a BNO Status holder on the 7th June of 2024 from a Tier 2 Visa granted on the 16th November of 2020 and submitted on the 28th August of 2020. I am currently applying for ILR under a 5-year route using a combination of both visas as stated on the immigration guidance.

I have several questions:

#1 Having just realised that I may be able to benefit from the COVID concession whereby those who received a Tier 2 between the dates of 24 January 2020 and 30 June 2021 (inclusive) were allowed to include time spent from the application submission date whilst working for purposes of satisfying the Continuous Residency requirement, would I be able to use this concession despite my current visa being a BNO? I began work as I was waiting for the application decision as per legal advice on the 1st September 2020.

#2 On the ILR form via the BNO route having selected,

"What immigration permission were you most recently granted?"
-Family member of a British National (Overseas) status holder

"Are you a British National (Overseas) (BN(O)) Status Holder?"
-No

"Are you applying as a family member of a British National (Overseas) (BN(O)) Status Holder?"
-Yes

I am asked to select between the below to answer "What is your relationship to the BN(O) Status Holder?":

-their spouse or partner

-their child (currently under the age of 18)

-their adult child born on or after 1 July 1997, who lives with the BN(O) Status Holder

-the partner or child of the adult child, who lives with the BN(O) Status Holder

-a family member who is dependent on, and lives with, the BN(O) Status Holder

The third option best suits me however I do not live with either of my parents and am fully independent. Would there be an issue if I select this option?

#3 Similarly, in response to "Which of your parents is the BN(O) Status Holder?" there is only one option, "Neither" to choose (or the form does not proceed). This doesn't make much sense to me and seems like an error.

#4 May I also confirm that as a BNO visa holder who is an adult child born after 1st July 1997 of a BNO Status Holder, that I am eligible to apply for ILR independently without/before my parents?

Thanks so much! Appreciate it.

1. No. You cannot benefit from that concession as you are applying under the BNO rules, not the skilled worker rules. That concession only appears under the skilled worker rules so it applies only when you are applying under skilled worker rules for ILR

2,3. It seems you are a British National (Overseas) (BN(O)) Status Holder as you were granted visa under that route.
I assume you are the main visa holder and do not have any dependants. So why did you choose NO as the answer ?
I guess what the form refers to as a 'family member' means the visa dependant of the main BNO visa holder (anyone depending on YOU) and it is not referring to the legal definition of how someone is considered a BNO. That may be the source of confusion

4. Yes.

You can apply for a BNO visa if you’re 18 or older and either:

•a British national (overseas)
•the child of a British national (overseas) born on or after 1 July 1997

https://www.gov.uk/british-national-overseas-bno-visa

Hi Zimba,

Thanks for the quick reply and previous replies to relevant threads.

#1 In that case as I switched to a Tier 2 from a Tier 4 within the UK, just to confirm would my earliest application date be 16th November 2020 (Tier 2 grant date) + 5Y - 28d?

#2/#3 Should I select BNO Status Holder, it asks me to provide a BNO passport details which my generation, those born after 01/07/1997 don't have. Only my parents or anyone born before 01/07/1997 would have this. Should I select No to "Do you have a current BN(O) passport?", No to "Have you ever had a BN(O) passport?", and No to "Are you a registered BN(O) Status Holder but do not have a BN(O) passport?", it then asks "Tell us how you will prove your status as a BN(O) Status Holder?".

I selected "No" as by the legal/guidance information I'm not actually a BNO Status Holder, rather a BNO Household Member.

"The BN(O) Household Member route is for the adult child of a BN(O) status holder or of the partner of a BN(O) status holder who is aged 18 or over and born on or after 1 July 1997." https://www.gov.uk/guidance/immigration ... l-overseas

I have no dependants. As I'm not a BNO Status Holder, I had to supply my father's BNO Passport/Status Holder details on my BNO Visa Application form last year.

1. That would be the date of earliest eligibility. Application date is not that important

Read: Applicants can benefit from the date of the ILR decision

2,3.I think your original answers are OK. Just choose 'Neither' then the form asks for their details.

4. Also, the guide says that you are eligible for ILR on your own:

The applicant must have last been granted permission on the Hong Kong BN(O) route. The applicant does not need to apply for settlement at the same time as the BN(O) status holder or the BN(O) Household Member; they may apply regardless of whether the BN(O) status holder or the BN(O) Household Member has applied for settlement. Partners will not need to demonstrate that their relationship with the BN(O) status holder or the BN(O) Household Member is subsisting on the date of application.

https://www.gov.uk/government/publicati ... ttlement-1

#1/#2/#4 Thanks so much

#3 Yes, I find this strange. Answering "Neither" contradicts the previous answer ("their adult children...") and the next questions on the Status Holder details.