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BNO visa but no longer living in HK

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milanista78
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BNO visa but no longer living in HK

Post by milanista78 » Sun Jul 10, 2022 11:08 pm

Hi, I'm looking for some insight into whether it is possible to successfully apply for a BNO visa even if you don't technically live in Hong Kong anymore. I am a British citizen in the UK but I'd really like to bring my recently widowed mother here so that I can be close to her.

She has a BNO passport but lives in Canada. She moved her after my father died because her siblings now live there.

She has a few bank accounts, but nothing else under her name. I was thinking of potentially setting up a few 'contracts' such as a cheap phone contract and maybe 1 or 2 other 'utilities' that we can use as proof. Does anyone know how strict they are on this? Or did something similar?

vinny
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Re: BNO visa but no longer living in HK

Post by vinny » Mon Jul 11, 2022 1:22 am

She may have return to Hong Kong first to satisfy the Ordinary residence in Hong Kong requirement for BN(O) Status Holder
HK 5.1. An applicant applying for entry clearance must be ordinarily resident in Hong Kong at the date of application.

HK 5.2. An applicant applying for permission to stay must be in the UK, and must be ordinarily resident in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, the Isle of Man or Hong Kong on the date of application.
For further information, see ‘Absences during a period of residence’ in the guidance on Nationality policy: assessing ordinary residence.
as well as all the other requirements.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

milanista78
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Re: BNO visa but no longer living in HK

Post by milanista78 » Mon Jul 11, 2022 8:24 am

Hi, thanks for responding. I'm aware of the requirement, but it also says that to prove it they will ask for about 3 documents, including bank statements, utility bills and permanent residence ID card. We have 2 of the 3 already but want to know what else people have submitted.

It's unrealistic for my mother to move back to HK so we are seeing what is possible.

JB007
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Re: BNO visa but no longer living in HK

Post by JB007 » Mon Jul 11, 2022 9:28 am

milanista78 wrote:
Sun Jul 10, 2022 11:08 pm
She has a BNO passport but lives in Canada. She moved her after my father died because her siblings now live there.
The BNO is to help people leave Hong Kong.

Just how many years has it been since your mother lived in Hong Kong? From your other thread, your parents lived in Italy as Italian citizens and you and your brother are also Italian citizens. Your mother then moved from Italy to Canada in 2018.
immigration-for-family-members/parent-e ... l#p2036781

Can you mother prove dependency on either of her Italian citizen sons who moved to the UK?

milanista78
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Re: BNO visa but no longer living in HK

Post by milanista78 » Mon Jul 11, 2022 10:26 am

JB007 wrote:
Mon Jul 11, 2022 9:28 am
milanista78 wrote:
Sun Jul 10, 2022 11:08 pm
She has a BNO passport but lives in Canada. She moved her after my father died because her siblings now live there.
The BNO is to help people leave Hong Kong.

Just how many years has it been since your mother lived in Hong Kong? From your other thread, your parents lived in Italy as Italian citizens and you and your brother are also Italian citizens. Your mother then moved from Italy to Canada in 2018.
immigration-for-family-members/parent-e ... l#p2036781

Can you mother prove dependency on either of her Italian citizen sons who moved to the UK?
I'm aware it is to help people to leave HK. This is not my question. My question is what have people used successfully used as proof of residence.

The EU route is not realistic because there is no real evidence of dependency. I've consulted with a lawyer and they suggest the best route is via the BNO route even if she is not in HK anymore.

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