Labour MP Urges Home Office to Address BN(O) Visa Scheme Loopholes for Hong Kongers

| October 28, 2024
Labour MP Urges Home Office to Address BN(O) Visa Scheme Loopholes for Hong Kongers
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A Labour Member of Parliament (MP) has asked the United Kingdom (UK) Home Office to address a significant gap in its Hong Kongers visa scheme.

The British National (Overseas) or BN(O) visa scheme leaves young Hong Kongers born after 1997 without a clear path to enter the UK.

Many individuals who do not qualify for the scheme are involved in pro-democracy movements.

Connor Rand, Labour MP for Altrincham and Sale West, argued that they are at risk of persecution under China’s National Security Law.

The BN(O) visa scheme

The UK Government re-introduced the BN(O) visa in 2021 to offer Hong Kongers a route to live, work, and eventually settle in the UK.

It came after China introduced the National Security Law to clamp down on pro-democracy protests in Hong Kong.

The National Security Law gives the government new powers to investigate foreign interference, spying, rebellion, and treason.

It comes with punishments, including life in prison for certain serious crimes.

The UK Government believes that China’s National Security Law violated agreements made before the 1997 handover.

The BN(O) scheme was explicitly aimed at those who may be affected by the National Security Law.

This applies to residents of Hong Kong who had British National Overseas status before the 1997 handover.

However, those born after 1997—especially young activists involved in protests—are often ineligible unless they have a parent with BN(O) status.

These young people played prominent roles in the 2019 Hong Kong pro-democracy protests.

The protest started over an extradition bill but grew into larger demonstrations against China’s increasing control over the city.

Critics believe that this generation, often on the front lines of these protests, deserves protection from the UK.

These youth were fighting for democracy and should have access to safety, according to advocates.

MP’s calls for BN(O) visa scheme expansion

Labour MP Urges Home Office to Address BN(O) Visa Scheme Loopholes for Hong Kongers
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Since the reintroduction of the BN(O) scheme, nearly 170,000 visas have been granted, with more than 22,300 coming in 2024.

According to Home Office data, about 150,400 people from Hong Kong have arrived in the UK on the BN(O) visa.

However, MP Rand raised concerns that excluding young Hong Kongers born after 1997 undermines the scheme’s original goal.

In a report by Manchester Evening News, he stated that individuals with criminal records cannot apply for the visa.

This means pro-democracy protesters arrested in Hong Kong do not qualify for the visa.

Having a criminal record can also affect any asylum applications they submit.

Rand also cited an incident in 2021 when a pro-democracy protester was assaulted at the Chinese consulate in Manchester.

He stressed that it shows that those who fought for democracy and freedom are at risk, and many are rotting in Hong Kong jails.

The MP stressed that these young people must not be left behind, and the government must ensure they can find safety in the UK.

This call aligns with a 2021 report from the UK Parliament’s Home Affairs Committee, highlighting the risks to this group.

Home Secretary Yvette Cooper, then chair of the committee, emphasized the need for urgent changes.

“The Government should close that loophole to ensure that young people have a route to safety here in the UK,” Cooper said​.

Challenges in expanding the BN(O) visa scheme

Amending the visa scheme is estimated to affect around 30,000 people.

There has been growing support for expanding the BN(O) visa to include those born after 1997.

However, the Home Office has raised concerns that it could create administrative challenges.

Officials also said that any new rules must be carefully designed to avoid unintended consequences or abuse of the scheme.

However, Rand believes that the risks facing these young Hong Kongers are too urgent to ignore.

He argued that the current rules do not reflect the UK’s commitment to supporting democracy and protecting those facing persecution.

Civil society organizations, human rights groups, and local councils in the UK also call for expanding the BN(O) visa scheme.

Many councils have already welcomed Hong Kong families and are now urging the government to make it easier for young people to join them.

These groups advocate for increased integration support for newcomers, as many face difficulties accessing work and education.

The scheme is essential to the UK’s response to the Hong Kong situation and should focus on protecting young people at risk.

Hope for the future

Labour MP Urges Home Office to Address BN(O) Visa Scheme Loopholes for Hong Kongers
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Whether the UK government will close the loophole and expand the BN(O) visa scheme remains uncertain.

Advocates hope that the Home Office will recognize the situation’s urgency and act to protect these young activists.

Political pressure mounting from MPs, civil society groups, and local authorities is creating a growing demand for immediate action.

Many young Hong Konger protesters seek alternative routes to leave the city.

However, many hope that the UK will step in and offer them the same protection granted to their older counterparts.