UK Tightens Immigration Rules, Raising the Bar for Hong Kongers Seeking Permanent Residency

The UK has tightened its immigration policy.

Hong Kongers who moved to the UK under the British National (Overseas) (BNO) visa scheme can still apply for permanent residency after five years, as before, but will now face a higher English-language threshold and stricter criminal record checks.

Many Hong Kongers in the UK have criticized the British government for changing its commitments to Hong Kong people.

Amid rising anti-immigration sentiment in the UK in recent years, Home Secretary Shabana Mahmood on Monday (November 2) unveiled a plan for a comprehensive overhaul of immigration rules in a bid to ease public dissatisfaction with immigration policy.

Under the new rules, the basic residence period required for most migrants to qualify for permanent residency in the UK will be extended from five years to 10 years.

The new measures are retroactive, meaning migrants already in the UK will also be affected.

Under the new rules, Hong Kongers holding BNO visas can still apply for permanent residency after five years in the UK.

However, Mahmood revealed in Parliament in response to a question that BNO Hong Kongers will in future need to meet a higher B2 English-language requirement and face stricter criminal record checks when applying for permanent residency.

But as of Tuesday (November 3), the UK government's official website still stated in its BNO immigration rules that applicants for permanent residency need only meet the lower B1 English-language level.

In two responses to inquiries from the overseas Hong Kong online media outlet "Green Bean" on Tuesday, the UK Home Office confirmed that the British government's commitments to BNO visa holders from Hong Kong remain unchanged, and that they can still apply for permanent residency after five years in the UK as long as they meet the requirements.

However, under the new system, applicants must meet the new requirements generally applicable to permanent residency applications, including new criminal record rules and the B2 English-language requirement, unless they are exempt or covered by safeguard arrangements.

The above exemptions or safeguard arrangements mean that, regarding English-language requirements, children, people aged 65 or above, and those unable to meet the requirement due to physical or mental conditions will continue to be exempt.

The UK Home Office also said that, regarding criminal records, the authorities will retain discretion to take into account differences between different legal systems, including situations where certain conduct is classified as a criminal offence overseas but does not constitute a crime in the UK.

In recent years, about 170,000 Hong Kongers have moved to the UK through the BNO visa scheme.

After the British government announced the new requirements, some Hong Kongers in the UK who had already been preparing for the B1 exam were worried about being affected, criticizing the authorities online for changing their commitments to Hong Kong people and urging them to clarify the new rules and make transitional arrangements as soon as possible.

The Hong Kong human rights organization "Hong Kong Watch" issued a statement expressing disappointment at the British government's raising of the threshold for BNO permanent residency and concern that the policy changes would affect Hong Kong families who had already planned their lives under the original system.

In addition to the English-language threshold, the new criminal record checks have also drawn attention.

The community organization Dandelion Solidarity CIC, founded by former Hong Kong Kwai Tsing district councillor Kwok Tsz-kin, wrote to Mahmood on Monday, expressing concern that the new rules could affect Hong Kongers convicted for participating in political activities in Hong Kong.

Kwok Tsz-kin worries that if the British government fails to distinguish political convictions from ordinary criminal offences, some Hong Kongers who have suffered political persecution may lose the opportunity to settle in the UK.

Dr Chan Choi-hei, chairman of the Hong Kong Public Governance Institute, said in an interview with Lianhe Zaobao that the UK economy has performed poorly in recent years and many people blame immigrants for the problems, so the British government has significantly raised immigration requirements. "Although Hong Kong's situation is rather special and the British government believes it has a moral responsibility to Hong Kong people, under strong domestic anti-immigration sentiment it also has to slightly raise the threshold for Hong Kong people moving to the UK, including the English-language level." He believes that Western countries such as Australia and Canada have tightened immigration requirements over the past few years, and it is possible that the UK will further raise the application threshold for Hong Kong migrants in the future. "All countries only want to attract high-quality talent or wealthy people.

Unless it is investment immigration or through talent schemes, immigrating to Western countries will become more difficult."