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tier 2 to bno visa (applying)

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qawedwadews
Newly Registered
Posts: 3
Joined: Wed Aug 18, 2021 3:43 am
Hong Kong

Tier 2 (general) applying to switch to bno visa as dependant

Post by qawedwadews » Wed Aug 18, 2021 4:07 am

Hi there!

Newbie here but yet quite anxious as this issue has been bugging me for quite some time now.

I’m currently on a Tier 2 working visa and looking to apply as a dependant with my parents that are both currently in Hong Kong and has bno passports.

I’m born after 1997 so sadly I do not have a BNO passport but the HK passport.

Several questions I do have:

1. As I’m applying as a child that’s 18 years and older, which I believe is applying as a dependant where I’ll get the reference code when my parents apply, however as I’m working over here for nearly two years now and it does say that “your children should normally live with you unless they’re living away from home to study”. I am worried that with me working in the UK now for nearly 2 years it wouldn’t be counted as “normally live with parents”, I have been going back to Hong Kong every now and then but as covid hits obviously I’m not able to go back and like 90% of my life I’ve lived with them but just not the past two years, would that be an issue or I will not be treated as a dependant? They are moving over to come and live with me though.

2. I’m not quite sure in terms of the definition of “dependant” but does that mean the child who’s over 18 years or older needs to be like completely no income or anything and requires parents financial support to qualify? As technically I do have a job but has been furloughed for the past year and a half and just living off my parent’s money that they give me every month. I guess my question is do I need to quit my job in order to qualify the “dependant” requirement where I’ll need my parents support if living in the UK? For example applying for the BNO visa first then quit my job and then wait for the result, or do I quit my job first then apply for bno visa immediately?

Hope someone sees this and get back to me!
Much appreciated!

Thank you so much
Qawed

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 (general) applying to switch to bno visa as dependant

Post by manci » Wed Aug 18, 2021 2:14 pm

Being over 18 you could only apply as a BN(O) Household Member.

The BN(O) Household Member route is for the adult child, born on or after 1 July 1997, of a BN(O) citizen. The BN(O) Household Member ….. must form part of the same household as the British National (Overseas) citizen.

Read the relevant section in Appendix Hong Kong British National (Overseas) of the immigration rules:

https://www.gov.uk/guidance/immigration ... l-overseas

It seems to me, but I stand to be corrected, that you would only be eligible to apply as a BN(O) Household Member if you gave up your UK job, returned to Hong Kong and lived with your parents.
Personal opinion, not professional or legal advice

qawedwadews
Newly Registered
Posts: 3
Joined: Wed Aug 18, 2021 3:43 am
Hong Kong

Re: Tier 2 (general) applying to switch to bno visa as dependant

Post by qawedwadews » Wed Aug 18, 2021 3:57 pm

manci wrote:
Wed Aug 18, 2021 2:14 pm
Being over 18 you could only apply as a BN(O) Household Member.

The BN(O) Household Member route is for the adult child, born on or after 1 July 1997, of a BN(O) citizen. The BN(O) Household Member ….. must form part of the same household as the British National (Overseas) citizen.

Read the relevant section in Appendix Hong Kong British National (Overseas) of the immigration rules:

https://www.gov.uk/guidance/immigration ... l-overseas

It seems to me, but I stand to be corrected, that you would only be eligible to apply as a BN(O) Household Member if you gave up your UK job, returned to Hong Kong and lived with your parents.

Hi Manci, thanks for getting back to me! I do have a few more questions following up to your reply.

1. As my parents are both in Hong Kong, is it possible for them applying in Hong Kong and me applying in the UK when I get the reference number for them? If I do stay in the UK to apply and them applying in Hong Kong, would that mean I’ll have a slim chance getting my visa granted? My parents do have recent proof of permanent address with my name, would that be something that can be considered when applying?

2. If according to your method, me quitting my hobo over here and then going back, will my time stayed here still be included towards the settlement if I go back to Hong Kong to apply and get granted? When will it stop counting towards the 5 year time period?

Thank you!
Qawed

qawedwadews
Newly Registered
Posts: 3
Joined: Wed Aug 18, 2021 3:43 am
Hong Kong

tier 2 to bno visa (applying)

Post by qawedwadews » Wed Oct 27, 2021 3:38 pm

Hi there,

I have recently submitted my bio visa application as a dependant with my family. However I'm currently in the UK under a Tier 2 Working visa and I've been here for nearly 2 years. I have been notified that I might get terminated from my job as the company is having some financial problems.

I have several questions:

1. Can I still stay in the UK if my tier 2 visa gets terminated? Even though I've applied for the bio visa already?

2. Will my number of days stayed in the UK get affected if my visa gets terminated?

3. If the answer for question 1 is yes, will the days I've stayed here waiting for the visa to get approved include in the 5 year time period?

4. If my tier 2 visa gets terminated, will the 2 years I've stayed here in the UK not be included in the 5 year period as it's technically not continued?

Thank you for all the help! A bit nervous over here at the moment.

Appreciate all responses, thank you.

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