ILR As A BNO Citizen
You can apply for Indefinite Leave to Remain (ILR) as a BNO citizen once you have completed 5 years residence in the UK under BNO visa category in combination with any other visa category which leads to ILR. In order to qualify for ILR as a BN(O) citizen after 5 years, BN(O) visa holders must meet Home Office UKVI rules for continuous residence in the UK, which allow for absences of up to 180 days in any 12- month period. One year after the grant of Indefinite Leave to Remain (ILR) as a BNO, you can apply for either naturalisation as a British Citizen.
Need help and assistance with ILR as BN(O) citizen? Contact our expert team of BN(O) visa solicitors in London for fast, friendly, reliable and fixed fee legal services for your application for ILR as a BN(O) citizen. Ask a question to our BN(O) visa solicitors for free immigration advice or book an appointment for detailed legal advice concerning your ILR as a BN(O).
Eligibility Requirements For ILR As A BN(O) Citizen
The applicant should meet the following bno visa ilr requirement to qualify for BNO status holder visa:
- The applicant must make a valid application for ILR as a BNO;
- The applicant must have spent a continuous period of 5 years with permission on a route in these rules under which a person can settle, of which the most recent grant of permission must have been on the Hong Kong BN(O) route;
- The applicant must meet the continuous residence requirement as specified in Appendix Continuous Residence;
- 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.
- Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1. The applicant must show they meet the English Language requirement as specified in Appendix English Language;
- If the applicant is aged 18 or over, and under 65 on the date of application, they must meet the Knowledge of Life in the UK requirement as specified in Appendix KOL UK;
English Language and Life in the UK Test
To qualify for BNO visa ILR, the applicants between the ages of 18 and 64 must meet the Knowledge of Language and Life in the UK requirement. This includes passing both an English language and the Life in the UK Test, unless exempt.
English Language Requirement
For ILR, the applicants must demonstrate that they have a sufficient knowledge of English in speaking and listening. The English language requirement can be met in one of the following ways:
- Passing an approved English language test at level B1 or higher in speaking and listening, from a provider recognised by the Home Office; or
- Providing evidence of a degree-level qualification that was taught or researched in English. If the degree was awarded outside the UK, it must be confirmed as equivalent by Ecctis.
Only qualifications approved by the Home Office will be accepted. If any application includes unrecognised or incorrect evidence, it can be refused.
Life in the UK Test
The Life in the UK Test is a multiple-choice examination designed to assess the applicant’s understanding of British traditions, values, history and everyday life. Applicants must:
- Book the test online using the official government service
- Pay a fee of £50 at the time of booking
- Choose from one of over 30 approved test centres in the UK
- Bring accepted photographic ID on the day of the test, ensuring that the name used for booking exactly matches the name on the ID
- Answer 24 questions within 45 minutes, based on the official handbook “Life in the UK: A Guide for New Residents.”
Exemptions
Applicants may be exempt from meeting one or both parts of this requirement if they:
- Are under 18 or 65 and over at the time of application
- Have previously passed the Life in the UK Test, such as when applying for limited leave or another immigration status
- Are unable to meet the requirement due to a long-term physical or mental condition. In such cases, suitable medical evidence or an exemption form must be provided.
ILR BN(O) – Absences From The UK
The applicant cannot have had more than 180 days’ absence from the UK during any consecutive 12 month period within the 5 year period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on your application form for ILR as a BN(O) citizen. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period.
Application Process
Applications for the ILR BNO can be made online on GOV.UK and via the UK Immigration: ID Check app. All applicants are required to submit relevant information and supporting documents (including but not limited to evidence of their BN(O) status, finances, and a valid tuberculosis (TB) test certificate) to show they meet the requirements of the route.
As part of the settlement application, applicants will need to have their fingerprints and photograph taken at a UK Visa and Citizenship Application Services (UKVCAS) service point to prove their identity. Applicants should apply using the ‘BN(O)’ category on the application form. Once started, the application form can be saved and completed later.
If the settlement application is successful, the applicant will be granted ILR. They will receive an eVisa, which is an online record of their immigration status. The decision email or letter will explain how to access the eVisa, and applicants will need to create a UKVI account. Applicants should follow the instructions provided if they were told they would receive a biometric residence permit (BRP).
If the application is unsuccessful, the BNO visa may be extended for 30 months, subject to meeting the requirements for limited leave to remain. In case of refusal of a settlement application, there is no right of appeal against the decision. However, if the applicant believes that the Home Office made an error when assessing their application, they may request an administrative review.
ILR Application Fees and Processing Time
For applications under the BNO visa route, the fee for ILR is £3,029 per person. Biometric information (fingerprints and a photograph) must also be provided, though there is no additional fee for this. The standard processing time is up to six months from the date of submission. Applicants must not travel outside the UK, Ireland, the Channel Islands, or the Isle of Man while the application is under consideration, as it can result in the application being withdrawn.
Optional Faster Decision Services
Applicants may be eligible to request a faster decision by selecting one of the following paid services at the time of application:
- Priority Service: For an additional £500, a decision is usually made within 5 working days.
- Super Priority Service: For an additional £1,000, a decision is usually made by the end of the next working day, or within 2 working days if biometric information is submitted on a weekend or bank holiday.
These services are subject to eligibility and availability. Each family member applying must pay separately if faster processing is requested. Processing times may be extended if further information is required or additional checks are necessary.
ILR for Dependants
Family members of ILR BNO visa may be eligible to apply for ILR if they were previously granted leave as dependants under the BNO route. Each family member must submit their own individual application, and the specific process may vary depending on their age and relationship to the main applicant.
Partners, Children Aged 18 or Over, and Adult Dependent Relatives
Partners, children aged 18 or over, and adult dependent relatives who were included as dependants on the main BNO visa are eligible to apply for settlement. They may either:
- Apply at the same time as the main applicant, or
- Submit their application separately at a later date.
In either case, they are not required to prove their relationship to the main applicant again when applying for ILR.
Children Under 18
Children under the age of 18 who were previously listed as dependants on the BNO visa can apply for settlement. Each child must:
- Submit a separate application, which will be linked to the main applicant’s settlement application;
- Apply together with both parents, unless one or both parents are already settled or are British citizens.
In cases where both parents are not applying at the same time, the child’s application must include details of the parent who is already settled or holds British citizenship.
A child is not required to include both parents’ details in their application if:
- One parent is the only surviving parent;
- One parent has sole responsibility for the child; or
- There are serious or compelling family or other circumstances, such as the child or settled parent having a serious illness.
Continuous Residence and Absence Limits
Continuous Residence
To qualify for ILR BNO, an applicant must have completed a continuous period of 5 years residence in the UK.
Time spent in the UK can be counted towards the 5-year qualifying period if it was spent under:
- The Hong Kong BN(O) route, or
- Another visa that leads to settlement, as long as the most recent permission was on the BN(O) route
Eligible visa types that can be combined with BN(O) residence include:
- Skilled Worker visa (or Tier 2 General)
- Family visa
- UK Ancestry visa
- Global Talent visa (or Tier 1 Exceptional Talent)
- Entrepreneur visa
- Minister of Religion visa
- Sportsperson visa
- Investor visa
- Representative of an Overseas Business visa
Time spent in the UK does not count towards the 5 years if it was:
Spent under a visa that does not lead to settlement, such as:
- Student visa (including Tier 4 General)
- Youth Mobility Scheme visa
Granted outside the Immigration Rules, for example, ‘leave outside the rules’ issued at the border for BNO status holders or their family members
Absence Limit
During the 5-year qualifying period, the applicant must not have been absent from the UK for more than 180 days in any 12-month period. This is assessed on a rolling basis, meaning each consecutive 12-month period is reviewed separately. If an applicant exceeds the 180-day limit in any 12-month period, they will generally not meet the continuous residence requirement.
However, where the absences are due to a permitted reason, the applicant may still qualify for settlement, subject to providing sufficient evidence. Permitted reasons are assessed under Appendix Continuous Residence and considered on a case-by-case basis. No specific list of accepted reasons is published, and discretion lies with the Home Office.
28-Day Early ILR Application Window
Applicants may submit their ILR application no more than 28 days before they complete the required 5 years of continuous residence. An application submitted earlier than this 28-day window does not meet the timing requirement and may be considered invalid. Where an applicant is relying on a second 30-month BNO visa to complete the qualifying period, the application must also be made no more than 28 days before that second visa expires, if any time (up to 28 days) is being carried over from their first grant of permission. The applicant must also be physically present in the UK at the time of application.
How Can We Help With Your ILR As A BN(O) Citizen?
Our expert team of ILR solicitors specialize in ILR application as a BN(O) citizen. We can represent you in your ILR application as a BN(O) citizen and carry out all the work on your ILR application until a decision is made by the Home Office UKVI on your ILR application. The immigration casework to be carried out by our expert team of ILR solicitors will include the following:
- Assessing your eligibility for ILR as a BN(O) citizen by considering all your personal circumstances;
- Advising you on the weaknesses and strengths of your ILR application as a BN(O) citizen;
- Advising you on the relevant documents to be submitted in support of your ILR application;
- Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
- Completing and submitting the online application form to apply for ILR as a BN(O) citizen by gathering all the relevant information from you;
- Helping you with paying the ILR application fee for your application;
- Booking your appointment with the application centre for verification of documents and enrolment of your biometrics;
- Preparing a detailed cover letter to introduce and support your ILR application;
- Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
- Liaising with the Home Office UKVI for a timely decision on your ILR application.
