Question to the Home Office:

To ask the Secretary of State for the Home Department, what plans his Department has to consider mitigating factors such as imprisonment under the National Security Law for Hong Kong citizens applying for British National (Overseas) visas.

Applicants to the British National (Overseas) (BN(O)) route must have no serious criminal convictions, have not otherwise engaged in behaviour which the UK Government deems not conducive to the public good, or be subject to other general grounds for refusal set out in the Immigration Rules. However, we recognise that every case has its individual circumstances therefore caseworkers have flexibility to ensure that those who have custodial sentences for crimes which are not recognised as such in the UK are not automatically refused on the BN(O) route.

In most cases, a person with a pending asylum claim can make an application to the BN(O) route. Recent changes ensure that a person who has been placed on immigration bail due to a pending asylum claim will not have their application to the BN(O) route refused solely for that reason. To make a successful application, applicants will need to meet all the other requirements of the route.