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Switching Into BNO Dependant Visa UK

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Switching Into BNO Dependant Visa UK

You can switch into BNO dependant visa from inside the UK if you are a partner or child under 18 of a BNO citizen and already ordinarily resident in the UK.

Our specialist team of dependant visa solicitors can provide fast, friendly, reliable and fixed fee legal services for your application for switching into BNO Dependant visa. As specialist work visa solicitors, we have wealth of knowledge and extensive experience of dealing with all types of dependant visa applications. Ask a question to our work visa solicitors for free immigration advice or schedule an appointment for detailed immigration advice concerning your BNO dependant visa application.

Eligibility Requirements For Switching Into BNO Dependant Visa

As a dependent partner or child under the age of 18 of BNO citizen, you should satisfy the following requirements to be eligible for switching into BNO dependant visa:

  • The applicant must make a valid application for switching into dependant visa;
  • The applicant must meet the relationship requirement as set out in Appendix BN(O);
  • An applicant applying for switching into BNO dependant visa must be in the UK and must be ordinarily resident in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, the Isle of Man or Hong Kong on the date of application;
  • If the applicant is applying for switching into BNO dependant visa and has been living in the UK with permission for 12 months or more on the date of application, they will meet the financial requirement. If the applicant is applying for switching into BNO dependant visa and has been in the UK for less than 12 months on the date of application, the decision maker must be satisfied that the applicant or the BN(O) Status Holder are able to maintain and accommodate the applicant adequately in the UK without recourse to public funds for at least 6 months.
  • The applicant must not fall for refusal under Part 9: grounds for refusal;
  • The applicant must not be:
    • in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
    • on immigration bail;
  • If the applicant is applying for switching into BNO dependant visa and:
    • their last grant of permission was for 6 months or less; and
    • the applicant was present in a country listed in Appendix T of these rules for more than six months immediately prior to their last grant of permission,

the applicant must provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Relationship Requirement For Partner Of BN(O) Status Holder

If the applicant is applying for switching into dependant partner visa as a partner of BN(O) status holder and they have not previously had permission as a partner on the BN(O) Status Holder route they must meet the following relationship requirements:

  • The applicant must be the partner of a person who is making an application for entry clearance or permission to stay on the BN(O) Status Holder route at the same time as the applicant.
  • The applicant must be aged 18 or over at the date of application.
  • If the applicant and the BN(O) Status Holder are not married or in a civil partnership, all the following requirements must be met:
    • they must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application; and
    • any previous relationship of the applicant or the BN(O) Status Holder with another person must have permanently broken down; and
    • they must not be so closely related that they would not be allowed to marry in the UK.
  • The relationship between the applicant and the BN(O) Status Holder must be genuine and subsisting.
  • The applicant and the BN(O) Status Holder form part of the same household on the date of application and must intend to live together throughout the applicant’s stay in the UK. A person will form part of the same household as the BN(O) Status Holder if they normally live with the BN(O) Status Holder.

Relationship Requirement For BNO Household Child

The applicant must be:

  • the child of a parent who has, or is at the same time being granted, entry clearance or permission as either:
    • a BN(O) Status Holder; or
    • the partner of a BN(O) Status Holder; or
  • the grandchild of a grandparent who has, or is at the same time being granted, entry clearance or permission as either:
    • BN(O) Status Holder, or
    • the partner of a BN(O) Status Holder.

If the applicant is applying for entry clearance or permission to stay and has not previously had permission as a BN(O) Household Child on the BN(O) Status Holder route they must:

  • make an application at the same time as a parent or grandparent who is applying for entry clearance or permission on the BN(O) Status Holder route; and
  • form part of the same household as the BN(O) Status Holder on the date of application. A person will form part of the same household as the BN(O) Status Holder if they normally live with the BN(O) Status Holder.

Each of the applicant’s parents must either be applying at the same time as the applicant, or have permission to be in the UK (other than as a visitor), unless:

  • the parent with permission as a BN(O) Status Holder or as a partner of a BN(O) Status Holder is the sole surviving parent; or
  • the parent with permission as a BN(O) Status Holder or as a partner of a BN(O) Status Holder has sole responsibility for the child’s upbringing; or
  • there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission on the Hong Kong BN(O) route; or
  • the applicant falls within HK 15.1(b) and there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the parent or grandparent who has permission as a BN(O) Status Holder on the Hong Kong BN(O) route.

Care Requirement For BNO Household Child

The applicant must live with a parent who has permission on the BN(O) Household Member route during their stay in the UK, unless they can demonstrate a valid reason why they should not live with that parent. There must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations.

Age Requirement For BNO Household Child

The child applicant must be under the age of 18 at the date of application.

Terms & Conditions Of BN(O) Dependant Visa

BN(O) dependant visa will normally be granted in line with the expiry date of the BN(O) citizen. If the BN(O) dependants are applying for BN(O) dependant visa along with the BN(O) citizen, the dependants will either be granted for 30 months or for 60 months depending on for how long the BN(O) citizen has applied for his/her visa. Dependants will be able to apply for extension, if necessary, to complete 5 years in the UK to be eligible for Indefinite Leave to Remain (ILR) as BN(O) dependant.

The grant will be subject to all the following conditions:

  • no access to public funds; and
  • work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson (including as a sports coach); and
  • study is permitted, subject to the ATAS condition in Appendix ATAS; and
  • if Part 10 applies the applicant will be required to register with the police.

How Can We Help With Switching Into BN(O) Dependant Visa?

As specialist BN(O) visa lawyers, we can represent you in your application for switching into BN(O) dependant visa and carry out all the work on your application until a decision is received from the Home Office UKVI on your immigration application. Our work on your application can entail the following:

  • assessing your eligibility for switching into BN(O) dependant visa from inside the UK;
  • advising you on relevant requirements, documents, procedures and costs relating to your application for switching into BN(O) dependant visa;
  • assessing your documents to be submitted in support of your application and discuss the same with you;
  • completing the relevant application form online by gathering all the relevant information you;
  • submitting the online application, paying the Home Office UKVI fee and Immigration Health Surcharge (IHS) online;
  • booking your appointment online with the UKVCAS application centre for enrolment of your biometrics and verification of your documents;
  • preparing a detailed cover letter to introduce and support your application for switching into BN(O) dependant visa;
  • uploading all the supporting documents online in support of your application;
  • dealing with any enquiries made by the Home Office for further information or evidence to consider the application;
  • doing all the follow-up work until decision is made by the Home Office on your application for switching into BN(O) dependant visa.

Our Fixed Fees For Dependant Visas

 

Unless your matter is very complicated, our fixed fees for various applications for dependant visa are as given in the fee table below:

Our Service Fixed Fee Range
Entry clearance for Dependant visa From £800 To £1,200 (VAT not applicable)
Switching into Dependant visa from inside the UK From £800 + VAT To £1,200 + VAT
Extension / Renewal of Dependant Visa  From £800 + VAT To £1,200 + VAT
ILR as a Dependant  From £800 + VAT To £1,200 + VAT
Administrative Review of Dependant Visa Entry Clearance Refusal Refusal From £600 + VAT To £1,000 + VAT
Administrative Review Of Refusal Of In-Country Application For Dependant Visa From £600 + VAT To £1,000 + VAT
Additional fee for each dependant applying along with the main applicant From £300 + VAT To £500 + VAT
Naturalisation as a British Citizen after the grant of ILR From £700 + VAT To £1,200 + VAT

The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in the application. In addition to our fixed fee for legal services in relation to your application, the applicant will also have to pay the Home office UKVI fees for the application.

 

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