Labour MPs Urge Changes to Protect Hong Kong BNO Visa Holders from Losing Settled Status
Thirty-four Labour MPs have written to Migration Minister Mike Tapp urging that recent changes to indefinite leave to remain (ILR) not retroactively affect about 200,000 British National (Overseas) visa holders granted since 2021.
The recent Immigration Rules Layer (IRL) changes announced in November raised the English language requirement from B1 (intermediate) to B2 (upper intermediate) and increased the minimum earnings threshold to £12,570 a year for three to five years prior to ILR eligibility.
The earliest BNO holders can apply for ILR under the new rules is March 2026. MPs are concerned that many Hong Kongers could be denied settled status after five years due to the stricter requirements.
Research cited by MP James Naish suggests that a strict application of the English language requirement could leave only 8% of BNO households eligible for ILR after five years, with 43% of households having no eligible members.
Additionally, Hong Kong pensioners in the UK hold approximately HK$3.8 billion (roughly £360 million) in Hong Kong’s state pension, which they can only access after achieving settled status. This situation poses a risk of financial hardship for pensioners who planned a five-year path to settled status.
The MPs called for exemptions for humanitarian visa routes and for the government to recognize other contributions such as volunteering, caring roles, and key worker status in assessing eligibility. They also proposed that a UK university degree taught in English should be considered sufficient evidence of English proficiency.
This issue arises amid cross-party support for the BNO visa and a claimed historic duty to Hong Kong. MPs emphasized the government's obligation under the Sino-British Joint Declaration to protect Hong Kongers seeking freedom and urged the government to fulfill these commitments.
