For BN(O) Visa Holders
BN(O) Visa Holders have the right to work from the moment they arrive in Scotland. Before you can undertake employment, you will need to undergo a right to work check. This is something that your employer does on your behalf, either by checking physical documents or checking your immigration status online.
BN(O) Visa Holders can either show their Biometric Residence Permit (BRP) card or generate an online share code to prove their right to work. You can find more information on proving your right to work here.
Once the right to work check has been successfully conducted, your employer should retain a copy of this record as evidence.
For BN(O) Visa Applicants awaiting a decision
BN(O) Visa Holders and their dependents should be granted Leave Outside the Rules when they enter the UK before they receive a decision on their BN(O) Visa Application. This is because the UK Government is allowing Hong Kong BN(O)s to enter the UK under Leave Outside the Rules, which enables them to live, study, and work in the UK for up to 6 months while they apply for the BN(O) Visa.
Although the Home Office continues to advise that BN(O)s do not travel to the UK before they receive their BN(O) Visa Status, we are aware that in some cases delays or concerns over safety may cause Hongkongers to enter the UK before they receive their BN(O) Visa.
Regarding employment, those entering the UK under Leave Outside the Rules can use a stamp in their passport as proof of their right to work. This stamp does not restrict your ability to work; it only restricts access to public funds. This is set out in the following Hong Kong BN(O) government guidance.
If a potential employer is concerned about your right to work, they can contact the Home Office helpline for employers on 0300 790 6268.
FAQs:
How do I undergo a right to work check?
This is something that your employer does on your behalf, either by checking physical documents or checking your immigration status online. You can either show your Biometric Residence Permit (BRP) card or you can generate an online share code to prove your right to work.
Do I have the right to work if I come to the UK on another visa route (such as Family, Visitor, Skilled Worker, or Student)?
You may or may not have the right to work while you await a decision on your BN(O) Visa application. You can verify whether you have the right to work by checking any existing conditions on the visa you used to enter the UK.