The UK is tightening its immigration rules. Hongkongers who moved there under the British National (Overseas), or BNO, visa scheme will still be able to apply for permanent residence after five years, but will face higher English-language requirements and stricter criminal record checks. Many have criticised the UK government for changing its commitments to them.
With anti-immigration sentiment rising in the UK in recent years, Home Secretary Shabana Mahmood announced plans for a sweeping overhaul of immigration rules on Monday (2 November), seeking to address public dissatisfaction with immigration policy.
Under the new rules, the baseline residence period for most migrants to qualify for permanent residence in the UK will double from five to 10 years. The measures will apply retrospectively, affecting migrants already in the country.
Hongkongers holding BNO visas will still be able to apply for permanent residence after five years in the UK. However, responding to questions in parliament, Mahmood said BNO applicants would have to meet a higher B2 English-language standard and undergo stricter criminal record checks. As of Tuesday (3 November), however, the BNO immigration rules on the UK government’s website still stated that applicants for permanent residence needed only the lower B1 level of English.
In two responses on Tuesday to enquiries from Green Bean, an online media outlet serving overseas Hongkongers, the UK Home Office confirmed that the government’s commitment to Hong Kong BNO visa holders remained unchanged: those who meet the requirements can still apply for permanent residence after five years. Under the new system, however, applicants must meet the new requirements that apply generally to settlement applications, including the new criminal record rules and B2 English-language standard, unless exemptions or safeguards apply.
These exemptions or safeguards mean that children, people aged 65 or above, and those unable to meet the English-language requirement because of a physical or mental condition will continue to be exempt.
The Home Office also said it would retain discretion in assessing criminal records to take account of differences between judicial systems, including cases where conduct is criminalised overseas but is not an offence in the UK.
About 170,000 Hongkongers have moved to the UK under the BNO visa scheme in recent years. Following the announcement, some who were already preparing for the B1 test expressed concern about the impact. They criticised the authorities online for changing their commitments to Hongkongers and urged them to clarify the new rules and introduce transitional arrangements as soon as possible.
Hong Kong Watch, an organisation focused on human rights in Hong Kong, said in a statement that it was disappointed by the higher settlement requirements for BNO visa holders. It expressed concern about the impact on Hong Kong families who had planned their lives around the existing system.
Besides the English-language requirement, the stricter criminal record checks have also drawn concern. Dandelion Solidarity CIC, a community organisation founded by former Kwai Tsing district councillor Kwok Tsz-kin, wrote to Mahmood on Monday about the potential impact on Hongkongers convicted over their involvement in political activities in Hong Kong. Kwok fears that, unless the UK government distinguishes politically motivated convictions from ordinary criminal offences, some Hongkongers who have suffered political persecution could lose their chance to settle in the country.
Dr Chan Choi-hi, chairman of the Hong Kong Institute of Public Governance, told Lianhe Zaobao that the UK’s weak economy in recent years had led many people to blame immigration, prompting the government to raise immigration requirements substantially. “Although Hong Kong’s circumstances are rather different, and the UK government sees itself as having a moral responsibility towards Hongkongers, strong anti-immigration sentiment at home means it also has to raise the requirements for Hongkongers moving to the UK somewhat, including their English proficiency.”
He noted that Western countries such as Australia and Canada had tightened immigration requirements over the past few years, and did not rule out the UK raising the bar further for Hong Kong migrants. “Every country wants only highly skilled talent or wealthy people. Unless people migrate as investors or through skilled migration schemes, moving to Western countries will become more difficult.”
