BN(O)s enjoy consular protection. As such, they can work, study, and reside in the UK. Their close family members may also join them. Here’s how they can enjoy that protection. Also, BN(O)s may bring close family members with them. In addition to consular protection, British National Overseas can bring close family members with them. But what is consular protection? What are the requirements for obtaining it?
BN(O)s enjoys consular protection
In mainland China, British nationals with O-Passports can enjoy consular protection when they visit any country in the country. The Home Return Permit gives information about the benefits of consular protection in mainland China. British nationals overseas can also apply for registration under section 4B of the 1981 Act, which gives them the right to request consular assistance. This protection is available only for BN(O)s living in mainland China.
If China passes its national security law, the UK will reconsider its approach to BN(O)s. These individuals may qualify for leave to enter the UK for up to 12 months. While Hong Kong BN(O)s currently enjoy six-month-long visits, the government is taking action as the new law would undermine existing legal commitments to the British people. Besides, Raab clarified that all BNOs would be eligible, and not just those holding BNO passports. The Home Office will provide full details in due course.
Despite the favorable ruling, British citizens abroad may not enjoy consular protection while detained abroad. This can put them at risk of being tortured or detained as diplomatic leverage. However, there are some recent developments that suggest that the UK is changing its mind and that the government may be reconsidering the decision. The Foreign Office has published new stats regarding consular protection for British citizens living abroad. It should take into account the fact that British citizens may no longer receive consular protection in some countries, including Iran and Malaysia.
They can reside, work and study in the UK
The new Hong Kong British National (Overseas) visa launched on 31 January 2021 is designed for people who are British nationals living outside the UK and their close family members. It was created in response to changes in Hong Kong’s national security laws, which the UK considers a breach of handover agreements. BN(O)s can stay in the UK for up to five years while pursuing studies and working. They can also apply for British citizenship and settle permanently in the UK after 12 months.
The British government grants Indefinite Leave to Remain to those who have lived in the UK for 5 years and have been lawfully present in the country for at least 180 days in the previous 12 months. This status allows people to live, work, and study in the UK without restriction but is not the same as British citizenship. The Indefinite Leave to Remain will automatically expire if the applicant spends more than two years outside the UK.
Read more: best immigration solicitors in London
The government maintains a database of British Nationals (Overseas) living abroad. Before the transfer of sovereignty to Hong Kong, the Immigration Department was responsible for collecting this information. Since then, the database is maintained by the British Consulate-General Hong Kong. UK citizens who are BOCs are entitled to the BN(O) passports, a special British passport for international travel. They resemble the regular British Citizen passport but do not bear the text “European Union” on the cover. These passports are biometric, which makes them a great investment.
They can bring their close family members with them
British nationals can bring their close family members with them to the UK as long as they are living with them. This is especially useful if they live in a foreign country and need to visit family and friends frequently. Close family members may also be eligible for a British National Overseas (BNO) visa. They must also be born in the UK or an EU country on or after 1 July 1997.
Before January 1, 2022, British citizens who are working in France must have a work permit. However, some family members are exempt from the requirement. Dependent ascendants of British citizens are usually exempt from the requirement if the family connection dates back to the first day of January 2021. In some cases, the residence permit will include the work permit. If you have children or grandchildren under 18, make sure to have them get their work permit before the deadline to apply for a residence permit.
