Overview

BN(O) visa holders have the following rights and entitlements:

• Leave to remain in the UK for a period of five years. This could be either for an initial period of 30 months, which can be renewed for a further 30 months or a 5-year period of leave from the outset. 
• The ability to apply for settlement (indefinite leave to remain) in the UK after five years’ leave under existing rules, and to apply for UK citizenship after 12 months’ settlement under existing rules.
• No recourse to public funds, which means BN(O) migrants are not entitled to most welfare benefits or support. 
• The right to work in the UK in almost any capacity (either as employed or self-employed), as long as you follow UK employment laws and subject to having the appropriate skills and qualifications.
• Access to education including:
  • schooling for under 18 child dependants
  • education and training for young people aged 16-19
  • the ability to apply for higher education courses.
• Access to healthcare free at the point of use. This is what the Immigration Health Surcharge pays for. This also includes free vaccinations. 

No Recourse to Public Funds

The No Recourse to Public Funds (NRPF) condition attached to the BN(O) visa means Hongkongers arriving in Scotland will not be able to access benefits or support that are classes as public funds. This includes, for example, the following:

• Attendance allowance
• Carer’s allowance
• Child benefit
• Child tax credit
• Council tax benefit
• Council tax reduction
• Council housing
• Disability living allowance
• Domestic rate relief (Northern Ireland)
• Housing benefit
• Income-based jobseeker’s allowance
• Income-related employment & support allowance
• Income support
• Personal independence payment
• Severe disablement allowance
• Social fund payment, including a: budgeting loan, sure start maternity grant, funeral payment, cold weather payment and winter fuel payment 8
• Scottish Welfare Fund 9
• State pension credit
• Universal credit
• Working tax credit

More information on the above can be found on the NRPF Network website. 

The NRPF Condition attached to the BN(O) visa does not affect eligibility for the following services:

• Employment-related benefits if BN(O) migrants are employed and have paid National Insurance contributions (such as Bereavement benefit, maternity allowance, retirement pension, statutory sick pay, etc.)
• State education for primary and secondary school children.
• NHS services, GP services, accident and emergency treatment.
• Free school meals for eligible pupils.   
• Free and/or concessionary travel for those eligible. 

Refer BN(O) Migrant to IOM Immigration Caseworker

COSLA has partnered with the International Organisation for Migration to provide OISC regulated immigration advice for British National (Overseas) migrants. If a BN(O) migrant is either destitute or at risk of destitution, a Change of Condition will seek to remove the No Recourse to Public Funds condition attached to their BN(O) visa, enabling them to access mainstream benefits, such as council housing.

Find out more information about this service here.