BNO Visa Indefinite Leave to Remain Guidance

The British National (Overseas) (BNO) visa has provided many Hong Kong residents and their families with a route to live, work and study in the UK. For those who have completed five years of lawful residence under this route, the next step may be to apply for Indefinite Leave to Remain (ILR). ILR grants permanent settlement rights in the UK, removing immigration time restrictions and strengthening long-term security for applicants and their families.

What this article is about: This article explains the process of applying for ILR as a BNO visa holder. It covers who qualifies, the eligibility criteria, how to apply (including the specified form), and the implications for both applicants and employers. It also considers HR and compliance responsibilities once an individual secures ILR.

Section A: Understanding ILR for BNO Visa Holders

Indefinite Leave to Remain is a form of settlement that allows foreign nationals to live permanently in the UK without being subject to immigration time limits. For BNO visa holders, ILR is the natural progression after completing the required residence period.

The BNO route was introduced in 2021. It allows eligible individuals holding BNO status, along with close family members, to relocate to the UK. Once granted ILR, individuals no longer need to apply for extensions of stay and may access certain public benefits and services as permitted by law.

The legal framework sits in the Immigration Rules, Appendix Hong Kong British National (Overseas) (including the “Settlement on the Hong Kong BN(O) route” section) and cross-refers to Appendix Continuous Residence and Appendix KOL UK/Appendix English Language for settlement requirements. Benefits include:

• Permanent residence with no immigration time limit
• Greater stability for family members
• Eligibility to apply for British citizenship after holding ILR for 12 months (unless married to a British citizen)
• No sponsorship or employer immigration compliance requirements once settled

Section A Summary: ILR offers BNO visa holders a pathway to permanent settlement, with requirements anchored in the Immigration Rules for the BN(O) route.

Section B: Eligibility Requirements for ILR on a BNO Visa

To qualify for ILR on the BN(O) route, applicants must meet residence, suitability and knowledge requirements.

1. Continuous Residence Rules

Applicants must complete five years of continuous residence in the UK on a route that leads to settlement, with the most recent grant of permission on the BN(O) route. Absences must comply with Appendix Continuous Residence (generally no more than 180 days in any rolling 12-month period, subject to the limited exceptions in that Appendix). Note: unlike earlier pandemic concessions, you should not assume COVID-19 exceptions apply now; rely on the exceptions expressly set out in the current guidance/Rules.

Important clarification: Time on another settlement-leading route (e.g., Skilled Worker) can count towards the five years, provided the most recent grant is on the BN(O) route.

2. Good Character and Criminality

Applicants must not fall for refusal under Part 9: grounds for refusal and must not be in breach of immigration laws (subject to 39E) or on immigration bail, save for the limited asylum-related exception. Decision-makers assess criminality and conduct when reviewing applications.

3. English Language & Life in the UK Test

Unless exempt, applicants must demonstrate English at B1 (speaking and listening) per Appendix English Language and pass the Life in the UK Test per Appendix KOL UK. Exemptions apply for age (under 18 or 65+) or specified long-term medical conditions, with waivers managed under current KOLL guidance.

4. Dependants and Family Members

Dependants can qualify if they independently meet eligibility. Children under 18 generally apply with or following a parent who is being granted/has ILR. Specific relationship/care requirements for dependent children and adult dependent relatives are set out in Appendix Hong Kong BN(O).

Section B Summary: Eligibility centres on five years’ continuous residence (180-day absence rule), suitability, and KOLL, with scope to aggregate earlier qualifying residence so long as the latest grant is on the BN(O) route.

Section C: Application Process for ILR under the BNO Route

Applying for ILR is structured; preparation is key.

1. When to Apply

You can apply up to 28 days before you reach the qualifying 5-year residence. If your BN(O) permission expires first, extend on the route and then apply for ILR at the correct time. If settlement requirements are not met but you likely qualify for further BN(O) permission, decision-makers may vary a settlement application to permission to stay (fee not refunded; IHS may then be requested).

2. Specified Form and Documents

Use the SET(O) specified form for settlement on the BN(O) route and provide:

• Proof of identity and national status, and biometrics
• Evidence of continuous residence (spanning the five-year period)
• English language and Life in the UK Test evidence (unless exempt)
• Relationship/household evidence for dependants
• Any additional evidence relevant to suitability (e.g., criminality/immigration history disclosures)

(See Home Office BN(O) staff guidance for documentary expectations.)

3. Application Fees and Processing Times

Indefinite leave to remain (ILR) fee (from 9 April 2025): £3,029 per applicant. The Life in the UK Test fee is £50. BN(O) ILR applications are not subject to the Immigration Health Surcharge. Super Priority Service remains £1,000 (where available). Processing times vary; standard decisions may take several months.

4. Common Refusal Reasons

Applications may be refused for several reasons, including:

• Exceeding the 180-day absence limit without a permitted exception
• Insufficient evidence of residence or identity
• Not meeting KOLL (English B1 and Life in the UK)
• Part 9 concerns (criminality/conduct)

Section C Summary: Apply on SET(O), time it within the 28-day window before eligibility, evidence continuous residence and KOLL, and budget the updated 2025 fee of £3,029.

Section D: Employer & HR Considerations

While the process is applicant-led, employers must keep right to work records accurate and non-discriminatory.

1. Right to Work Checks

ILR confers an unlimited right to work. Employers should update their records when an employee moves from time-limited BN(O) permission to ILR. Evidence may be via the online ‘View and Prove’ service using a share code (eVisa) or, where still applicable, a BRP (during permitted transition). Employers must follow the latest Employer’s guide to right to work checks (updated June/July 2025).

Note: the UK is transitioning to digital eVisas. Some sectors have reported implementation challenges; however, employers should follow the official right to work guidance and systems for statutory excuse.

2. Sponsorship Implications

After ILR, sponsorship is no longer required; sponsor duties cease for that worker. Employers should ensure HR systems stop unnecessary reporting once ILR is granted.

3. Compliance Risks

Employers must apply checks consistently, keep evidence securely, and avoid requesting documents beyond the official list to reduce discrimination risks.

Section D Summary: Record the status change to ILR using official online checks, cease sponsorship where applicable, and apply consistent, non-discriminatory processes.

FAQs

Can BNO visa holders apply for ILR after 5 years?
Yes—if they meet suitability, KOLL and continuous residence, with the most recent grant on the BN(O) route.

Does time spent on another visa count towards BNO ILR?
It can, if the other visa was a route to settlement and the most recent grant before applying is on the BN(O) route.

What happens if ILR is refused?
Depending on the ground, administrative review may be available. In some cases, the application may be varied to permission to stay on the BN(O) route (fee not refunded).

Can family members apply for ILR separately?
Yes, if they independently meet the relevant requirements for settlement on the BN(O) route (see child/ADR provisions in Appendix Hong Kong BN(O)).

Is ILR required before applying for British citizenship?
Generally yes; you typically need to hold ILR for 12 months before naturalising, unless married to a British citizen.

Conclusion

For BNO visa holders, ILR is the key step to permanent settlement. The Rules require five years’ continuous residence (observing the 180-day rule), suitability, and KOLL. Dependants can qualify in their own right, and employers should update right to work records once settlement is granted. With accurate evidence and correct timing (including using SET(O))—and awareness of the 2025 fee uplift to £3,029—applicants can transition smoothly to settled status.

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