Asked by: Victoria Collins (Liberal Democrat - Harpenden and Berkhamsted)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the potential impact of recent changes to the eligibility criteria for Indefinite Leave to Remain on British Nationals (Overseas) students who have resettled in the UK.
Answered by Mike Tapp - Parliamentary Under-Secretary (Home Office)
The Government remains steadfast in its support for members of the Hong Kong community in the UK.
BN(O) visa holders will attract a 5-year reduction in the qualifying period for settlement, meaning they will continue to be able to settle in the UK after 5 years’ residence, subject to meeting the mandatory requirements. Individuals on the BN(O) route who are studying in the UK will also qualify for the same reduction.
We are seeking views on earned settlement through the public consultation A Fairer Pathway to Settlement and will continue to listen to the views of Hong Kongers. Details of the earned settlement model will be finalised following that consultation. An impact assessment will be developed alongside the finalised policy.
In the meantime, the current rules for settlement under the BN(O) route will continue to apply.
Asked by: Ben Obese-Jecty (Conservative - Huntingdon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what information he holds on the number of British-qualified judges sit on the Court of Final Appeal in Hong Kong.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Hong Kong Court of Final Appeal publishes the names of its non-permanent judges on its website.
The list is available at https://www.hkcfa.hk/en/about/who/judges/npjs/index.html.
Asked by: John Milne (Liberal Democrat - Horsham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment her Department has made of the potential impact of the 20-year baseline for refugees on core protection routes for Hong Kongers (a) born after 1997 and (b) whose parents did not register for BN(O) status; whether B1 English-language qualifications will remain valid for BN(O) visa holders approaching eligibility for Indefinite Leave to Remain; and what her Department's plans are for BN(O) residents who contribute to society in non-financial ways, including carers, elderly people, students and stay-at-home parents.
Answered by Mike Tapp - Parliamentary Under-Secretary (Home Office)
The Government remains steadfast in its support for members of the Hong Kong community in the UK.
BN(O) visa holders will attract a 5-year reduction in the qualifying period for settlement, meaning they will continue to be able to settle in the UK after 5 years’ residence, subject to meeting the mandatory requirements. Children of BN(O) status holders born after 1997 are eligible for the BN(O) route and will therefore qualify for the same reduction.
We are seeking views on earned settlement through the public consultation A Fairer Pathway to Settlement and will continue to listen to the views of Hong Kongers. Details of the earned settlement model will be finalised following that consultation, including which groups might be exempted from requirements to demonstrate earnings.
In the meantime, the current rules for settlement under the BN(O) route will continue to apply, including the current B1 English language requirement.
Asked by: Sarah Olney (Liberal Democrat - Richmond Park)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to her statement, entitled A Fairer Pathway to Settlement, of 20 November, if she will explain the impact of the changes on pathways to settlement on the children of British National (Overseas) visa holders.
Answered by Mike Tapp - Parliamentary Under-Secretary (Home Office)
The Government remains steadfast in its support for members of the Hong Kong community in the UK.
BN(O) visa holders will attract a 5-year reduction in the qualifying period for settlement, meaning they will continue to be able to settle in the UK after 5 years’ residence, subject to meeting the mandatory requirements. Children of BN(O) visa holders will also remain on the 5-year path to settlement in line with their parents.
We are seeking views on earned settlement through the public consultation A Fairer Pathway to Settlement, including on how dependants should be accommodated within an earned settlement system, and will continue to listen to the views of Hong Kongers. Details of the earned settlement model will be finalised following that consultation.
In the meantime, the current rules for settlement under the BN(O) route will continue to apply.
Asked by: Lee Dillon (Liberal Democrat - Newbury)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department is taking to support people with British Nationals (Overseas) visas in relation to the changes set out in the Command Paper entitled A Fairer Pathway to Settlement.
Answered by Mike Tapp - Parliamentary Under-Secretary (Home Office)
The Government remains steadfast in its support for members of the Hong Kong community in the UK.
BN(O) visa holders will attract a 5-year reduction in the qualifying period for settlement, meaning they will continue to be able to settle in the UK after 5 years’ residence, subject to meeting the mandatory requirements.
We are seeking views on earned settlement through the public consultation A Fairer Pathway to Settlement and will continue to listen to the views of Hong Kongers. Details of the earned settlement model will be finalised following that consultation.
Once the changes are implemented, we will publish clear guidance for BN(O) visa holders to help them understand any new requirements.
In the meantime, the current rules for settlement under the BN(O) route will continue to apply.
Asked by: Lee Dillon (Liberal Democrat - Newbury)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the potential impact of the recent changes to mandatory requirements for British Nationals (Overseas) who have not yet obtained indefinite leave to remain.
Answered by Mike Tapp - Parliamentary Under-Secretary (Home Office)
The Government remains steadfast in its support for members of the Hong Kong community in the UK.
BN(O) visa holders will attract a 5-year reduction in the qualifying period for settlement, meaning they will continue to be able to settle in the UK after 5 years’ residence, subject to meeting the mandatory requirements.
The new mandatory requirements for settlement are basic requirements that we think are reasonable for people to meet if they want to settle here. However, we are seeking views on earned settlement through the public consultation A Fairer Pathway to Settlement and will continue to listen to the views of Hong Kongers. Details of the earned settlement model will be finalised following that consultation. An impact assessment will be developed alongside the finalised policy.
In the meantime, the current rules for settlement under the BN(O) route will continue to apply.
Asked by: Joshua Reynolds (Liberal Democrat - Maidenhead)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether she plans to change the minimum income requirement and English language proficiency level for applicants under the BN(O) visa scheme.
Answered by Mike Tapp - Parliamentary Under-Secretary (Home Office)
The Government remains steadfast in its support for members of the Hong Kong community in the UK.
There are no plans to change the requirements of the BN(O) visa route for those applying for entry clearance or permission to stay.
As set out in the public consultation A Fairer Pathway to Settlement, BN(O) visa holders will continue to be able to settle in the UK after 5 years residence, subject to meeting the mandatory requirements which include meeting level B2 in English language and having paid at least three years of National Insurance contributions.
We are seeking views on earned settlement through the public consultation and will continue to listen to the views of Hong Kongers. Details of the earned settlement model will be finalised following that consultation. In the meantime, the current rules for settlement under the BN(O) route will continue to apply.
Asked by: Jo White (Labour - Bassetlaw)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether the proposed changes to English language requirements for Indefinite Leave to Remain applies to those on the BN(O) route.
Answered by Mike Tapp - Parliamentary Under-Secretary (Home Office)
The Government remains steadfast in its support for members of the Hong Kong community in the UK.
BN(O) visa holders will attract a 5-year reduction in the qualifying period for settlement, meaning they will continue to be able to settle in the UK after 5 years’ residence, subject to meeting the mandatory requirements.
The new mandatory requirements for settlement are basic requirements that we think are reasonable for people to meet if they want to settle here. However, we are seeking views on earned settlement through the public consultation A Fairer Pathway to Settlement and will continue to listen to the views of Hong Kongers. Until that concludes, we cannot confirm whether any future uplift in the English language requirement will apply to those on the BN(O) route.
In the meantime, the current rules for settlement under the BN(O) route will continue to apply.
Asked by: Jo White (Labour - Bassetlaw)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether any future uplift in the settlement requirement for English will apply to those on the BN(O) visa route.
Answered by Mike Tapp - Parliamentary Under-Secretary (Home Office)
The Government remains steadfast in its support for members of the Hong Kong community in the UK.
BN(O) visa holders will attract a 5-year reduction in the qualifying period for settlement, meaning they will continue to be able to settle in the UK after 5 years’ residence, subject to meeting the mandatory requirements.
The new mandatory requirements for settlement are basic requirements that we think are reasonable for people to meet if they want to settle here. However, we are seeking views on earned settlement through the public consultation A Fairer Pathway to Settlement and will continue to listen to the views of Hong Kongers. Until that concludes, we cannot confirm whether any future uplift in the English language requirement will apply to those on the BN(O) route.
In the meantime, the current rules for settlement under the BN(O) route will continue to apply.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Home Office:
To ask His Majesty's Government what assessment they have made of legislating to provide that British National (Overseas) visa holders are not subject to immigration control; and what plans they have to grant holders of British National (Overseas) status a statutory right of abode in the United Kingdom.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
The Government remains steadfast in its support for members of the Hong Kong community in the UK and is fully committed to the British National (Overseas) (BN(O) route, which will continue to welcome Hong Kongers. We confirmed in the earned settlement consultation document A Fairer Pathway to Settlement (CP1448) that those on the BN(O) route will retain a five-year route to settlement. We have no plans to legislate to create a right of abode for BN(O)s, or to otherwise exempt them from immigration control.