Home Secretary Shabana Mahmood announced on November 19 that the UK government will publish a consultation later this week regarding earned permanent residence, propelling anxieties about potential changes to the British National (Overseas) visa route for Hong Kong residents. This development appears against the backdrop of London’s sweeping effort to overhaul its complex immigration and asylum system. While ministers affirm existing commitments remain firm, speculation centers on whether the current path to settled status for BN(O) holders—the established “5+1” route—could be extended to a ten-year residency requirement under a “10+1” framework.
During a House of Commons session on November 17, Labour MP Charlotte Nichols of Warrington North directly challenged Mahmood to guarantee the security of the BN(O) scheme for Hongkongers. Mahmood responded that the government maintains its steadfast commitment to the resettlement of individuals from Hong Kong, assuring Parliament that the forthcoming settlement consultation will be subjected to thorough legislative scrutiny.
Potential Changes to Residency Requirements
The BN(O) route was initially created in January 2021 as a direct response to the implementation of the National Security Law in Hong Kong. It grants holders the right to live, work, and study in the UK, offering an expedited route to citizenship. Under current rules, eligibility for Indefinite Leave to Remain (settled status) is achieved after five years of residence, followed by an additional year before applying for full citizenship—the “5+1” model.
As of September, the program has authorized nearly 225,000 visas, with more than 160,000 individuals having arrived in the UK. Officials acknowledge the substantial, positive economic impact made by this new community.
However, documents related to the broader immigration reform suggest a shift. The Home Secretary is reportedly considering setting an annual cap for arrivals via “safe and legal routes,” calibrated to align with local capacity and resources. The ministerial intention is that those admitted under reformed resettlement pathways would transition to a 10-year period before achieving settlement. Ministers insist that while the consultation aims to modernize the system, existing obligations, including those to BN(O) visa holders, will not be “diluted.”
Key Concerns for Applicants:
- Residency Timeframe: Potential increase from five years to ten years to achieve settled status.
- Annual Arrival Caps: Limits may be imposed on the total number of individuals admitted through defined routes.
- Scrutiny: The consultation process promises detailed legislative debate, meaning policy outcomes remain uncertain.
Overhaul of Asylum and Settlement Policies
In parallel, the Labour government is tightening the wider asylum regime, proposing significant alterations to the path for permanent residence for asylum seekers. Under these proposed changes, applicants may face a 20-year wait for permanent settlement, a drastic increase from the current five-year period.
Other measures outlined include:
- Periodic Review: Refugee status would be subject to review every 30 months, potentially requiring repatriation once the original country is deemed safe.
- Financial Support: Guaranteed financial assistance will transition to a discretionary basis.
Ministers maintain that the system aims to expand humanitarian “safe and legal routes” while ensuring the UK continues to protect those genuinely fleeing danger, specifically referencing the ongoing commitment to individuals from Hong Kong. The publication of the earned permanent residence consultation later this week will provide the first concrete details on how these ambitious reform plans may directly impact the residency timeframes for the quarter-million Hongkongers who have applied to start new lives in the UK.