Switching from FLR(M) to Hong Kong BNO visa?

Hello, I am coming to the end of my first 2.5 years spouse visa and am due to apply for my second 2.5 years on this route soon. Does anyone know if:

- I can switch from a FLR(M) visa to a Hong Kong BNO visa
- and if so, crucially, will the 2.5 years I have already spent on FLR(M) still count towards the 5 years qualifying period

All I can find online on this matter is:

“If you’ve already spent time in the UK on a different visa this may count towards the 5 years. Time spent on a Student visa (previously called a Tier 4 (General) student visa) or a Youth Mobility Scheme visa (T5) will not count.”

Appreciate any response, thank you.

I should clarify that I am eligible for a HK BNO visa.

Are you a BNO passport holder yourself or are you the family member of a BNO passport holder?

l789 wrote: ↑

Tue Feb 09, 2021 2:04 pm

Does anyone know if:

- I can switch from a FLR(M) visa to a Hong Kong BNO visa

This question I can't answer as the Rules are quite complex.

l789 wrote: ↑

Tue Feb 09, 2021 2:04 pm

- and if so, crucially, will the 2.5 years I have already spent on FLR(M) still count towards the 5 years qualifying period

It seems so, as the Rules state that any time spent in the UK on a visa that would lead to settlement under the Rules counts towards the five year residence requirement.

HK 62.1. The applicant must have spent a continuous period of 5 years with permission on a route in these rules under which a person can settle, of which the most recent grant of permission must have been on the Hong Kong BN(O) route.

Note that this route is (a) new and (b) quite niche and not many people will have experienced it before. So, in a sense, you may well be a pioneer.