Hong Kong BNO Visa Restrictions Work No Sportsperson

Good Day,

Trust you are doing good.

I got BNO visa and got my BRP today, on the BRP, it written
REMARKS
RESTRICTED WORK
NO SPORTSPERSON
STUDY PERMITTED

This confused me, what's the meaning of "restricted work"? What have I been restricted? Will I get myself into an embarrassing situation when I apply for jobs in UK?

Because I've a friend (also a BNO visa holder) with a BRP written "WORK AND STUDY PERMITTED".

Plz advise

You have nothing to be concerned about. The work restriction is only for being a professional sportsperson . The actual immigration rule is:

HK 9.2. The permission will be granted subject to the following conditions:
(a) no access to public funds; and
(b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson (including as a sports coach); and
(c) study is permitted, subject to the ATAS condition in Appendix ATAS.

The HO may change the wording on the BRP but the rule is as above. In fact the wording on your BRP is more accurate than on your friend's BRP.

Good day, I have a concern because of exactly the "no sportsperson" rule. I was on my national team in Hong Kong. The last time I represented my national team was in 2018, and I am going through the selection process in this year now (I'm still waiting for the association decision because the World Championship this year is postponed to next year, and I'm one of the top sportsmen back in Hong Kong in the world ranking).

The definition of "professional sportsperson" includes the following

• (d) has represented their nation or national team within the previous two years, including all youth and development age groups from under 17s upwards

All other bullet points are irrelevant to me as I'm not pursuing a career in sports, as my main profession is a software developer.

I have read a news article in 2019 that, overseas students (who also have a "no sportsperson rule" in their student visas) who are the top players back home are pulling out of their amateur matches after seeking legal advice from their universities. I believe I may be in the same situation as well.

There is no professional status in my sport and there is no prize money in any competitions, even at the highest level of World Championship.

In case I represent Hong Kong again while I'm on my visa, will I be able to do the following without breaching visa condition?

• competing in an amateur team while in the UK
• making orienteering maps and sell for a profit
• making software for use by clubs to organise races and sell for a profit
• volunteering in local amateur events
• participating in a World Championship, held in the UK, for my national team

For BNO visa holders work (including self-employment and voluntary work) is permitted except for employment as a professional sportsperson (including as a sports coach). This means that irrespective of your sporting background in HK once in the UK you must not engage in activities that a professional sportsperson would. The reason for the restriction is that the HO want professional sportspersons to come to the UK under the specific immigration route provided for them and not on any other visa route.

Please refer to Immigration rule 6 which has has nine items describing professional sportspersons, (a) to (i).
As to your questions:

miklcct wrote: ↑

Fri May 07, 2021 2:31 pm

competing in an amateur team while in the UK

see item (h): providing services as a sportsperson or coach, unless they are doing so as an “Amateur” in a charity event

making orienteering maps and sell for a profit;
making software for use by clubs to organise races and sell for a profit;

These are business activities and are allowed under BNO visa rules

volunteering in local amateur events.

I am not sure what volunteering means in this context and whether item (h) should apply (see above) restricting it to charity events.

participating in a World Championship, held in the UK, for my national team

Even though items (d) and (e) deal with the past hey imply that representing HK at the forthcoming World Championship in the UK (amateur or otherwise) would amount to a professional sports activity and thus be a breach of the BNO visa rules.

manci wrote: ↑

Sat May 08, 2021 2:27 pm

Even though items (d) and (e) deal with the past hey imply that representing HK at the forthcoming World Championship in the UK (amateur or otherwise) would amount to a professional sports activity and thus be a breach of the BNO visa rules.

By this definition, we can deduce that everyone without ILR in the UK participating for a World Championship for his home country is technically violating visa rules, unless they are sponsored by the race organiser to have a T5 creating or sporting visa here, or they are working in a position in the same sport under T2 sportsperson visa, or they are under the EU settlement scheme which doesn't have this restriction. This can preclude most foreign athletes racing for the London Olympics, unless they already have ILR or a rare visa which allows being a sportsperson.

Can anyone clarify this?

This restriction is only for a limited number of visas such as, student visas, skilled worker visas and their dependents and BNO visa holders.

Any other visa holders, ie spouse visa, ancesty visa etc can do any employment.

CR001 wrote: ↑

Sat May 08, 2021 3:45 pm

This restriction is only for a limited number of visas such as, student visas, skilled worker visas and their dependents and BNO visa holders.

Any other visa holders, ie spouse visa, ancesty visa etc can do any employment.

This restriction applies to MOST kinds of visas, even for T1 visas and T5 youth mobility visas as well.

There is no tier 1 route for new applicants anymore and tier 1 migrants can't work for anyone else either anyway. The route has been closed. Tier 5 has many specific sub categories for different purposes.

Mostly the restriction applies to the points based visas and the bno visa.