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Written Question
British National (Overseas): Hong Kong
Tuesday 2nd May 2023

Asked by: Daisy Cooper (Liberal Democrat - St Albans)

Question to the Home Office:

To ask the Secretary of State for the Home Department, whether BNO passport holders can apply for their British born children to have a temporary travel document from her Department for the purposes of travelling to Hong Kong.

Answered by Robert Jenrick

The eligibility criteria for obtaining a Home Office travel document is set out on the relevant Gov.uk pages: Apply for a Home Office travel document: Overview - GOV.UK (www.gov.uk)

Whether the child would be entitled to obtain a document would depend on their individual circumstances in line with the eligibility criteria. Consideration would be given as to whether they were able to obtain a British National (Overseas) passport or similar by virtue of their parent’s status, taking into account the Hong Kong (British Nationality) Order 1986.

If they do qualify and can obtain a BNO passport status, then it is unlikely that they would be eligible for a Home Office Travel Document.

They can apply for a document to travel outside the UK, including Hong Kong if:

  • they are not British
  • they are unable to obtain a passport because their national authorities do not have an Embassy/Facilities to issue passports in the UK
  • their country’s national authorities have unreasonably refused to issue them a passport
  • they are stateless

Written Question
Asylum
Friday 14th April 2023

Asked by: Lord Scriven (Liberal Democrat - Life peer)

Question to the Home Office:

To ask His Majesty's Government, further to Written Answer by Lord Murray of Blidworth on 24 March (HL6373), why, over the past 13 years, they have allowed the UK to have a "broken asylum system".

Answered by Lord Murray of Blidworth

The significant increase in dangerous journeys across the Channel is placing unprecedented strain on our asylum system. Those in need of protection should claim asylum in the first safe country they reach rather than risking their lives or paying people smugglers to make the dangerous journey across the Channel.

The UK has a proud history of supporting refugees and since 2015, we have offered a place to just under half a million men, women and children seeking safety – including those from Hong Kong, Syria, Afghanistan, and Ukraine, as well as family members of refugees

Our focus will remain on helping people directly from regions of conflict and instability, as the best way to help the most vulnerable who are at risk of war and persecution is through safe and legal routes.

This bypasses the evil criminal gangs and protects vulnerable people, including children.


Written Question
Visas: British National (Overseas)
Tuesday 11th April 2023

Asked by: Lord Leong (Labour - Life peer)

Question to the Department for Education:

To ask His Majesty's Government what support they are offering to people from Hong Kong who have come to the UK under the British National Overseas (BNO) visa to help them take up teaching positions.

Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)

From 1 February 2023, teachers who are already qualified and recognised as teachers in Hong Kong are able to apply to have their qualification recognised with Qualified Teacher Status (QTS) in England, without additional training. This means that they can apply for teaching roles that require QTS.

For those looking to train to teach in physics and languages, bursaries worth up to £27,000 and scholarships worth up to £29,000 are available, including to those with a British National (Overseas) visa.

For those who are considering coming to England, we have introduced an international relocation payment worth up to £10,000 to help overseas physics and language teachers and trainees, including those from Hong Kong, to relocate.

Schools looking to complete safeguarding checks in order to employ teachers from Hong Kong can currently provide assistance to these individuals with a letter which can be used to apply for a Certificate of No Criminal Conviction from the Hong Kong authorities. Our statutory guidance, Keeping Children Safe in Education, also sets out alternative safeguarding processes that schools can follow. This can be found attached.


Written Question
Asylum: Applications
Wednesday 22nd February 2023

Asked by: Marquess of Lothian (Conservative - Life peer)

Question to the Home Office:

To ask His Majesty's Government whether there are any circumstances in which it is currently possible for refugees to claim asylum from within the UK other than for claimants from Ukraine, Afghanistan or Hong Kong who apply under the relevant time-limited schemes.

Answered by Lord Murray of Blidworth

In addition to dedicated resettlement schemes for Afghanistan, Hong Kong and Ukraine, the UK welcomes refugees and people in need of protection through the UK Resettlement Scheme (UKRS), Community Sponsorship, Family Reunion, and Mandate Resettlement Schemes.

Any person who is not a British Citizen can claim asylum in the UK as long as they meet the requirements to do so, as set out in the Immigration Rules and published policy.

A claim for asylum from an adult who is not a British Citizen will be accepted where they make a particularised protection claim in person at a designated location. If they have previously applied for asylum, they would be required to submit new evidence under the further submissions process. A particularise protection claim refers to them providing a basic reason why they fear persecution or serious harm.

In the case of children claiming asylum, there is no requirement to particularise a protection claim when they register their claim.

A self-declared refugee or someone who has been recognised as a refugee by another country or the UNHCR would not be excluded from claiming asylum. If refugee status has been provided by another country or the UNHCR, that will be taken into consideration when the claim is decided.


Written Question
Refugees
Wednesday 14th December 2022

Asked by: Jim Shannon (Democratic Unionist Party - Strangford)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps her Department has taken to help protect people who have fled from (a) Hong Kong, (b) Taiwan and (c) authoritarian regimes.

Answered by Robert Jenrick

On 31 January 2021 the UK Government opened the BN(O) route for BN(O) status holders in Hong Kong. As of 30 September, over 1️4️4️,0️0️0️ visas been granted so far on the Hong Kong British National (Overseas) route (BN(O)). The route gives them and their eligible family members the opportunity to live, study and work in the UK on a pathway to citizenship. On 30 November 2022 the BN(O) route was expanded to allow the adult children of BN(O) status holders who were born on or after 1 July 1997 and are aged 18 or over the ability to apply to the route independently of their BN(O) parents. They will need to meet all remaining requirements of the route.


Written Question
Travel Requirements: Hong Kong
Wednesday 16th November 2022

Asked by: Crispin Blunt (Independent - Reigate)

Question to the Home Office:

To ask the Secretary of State for the Home Department, if her Department will make it its policy to issue travel documents to children born in the UK to parents from Hong Kong on the British National (Overseas) visa so that those families are not required to enter Chinese consulate grounds.

Answered by Robert Jenrick

The Home Office does not have plans to issue travel documents to children of parents on the Hong Kong British National (Overseas) route.

Individuals arriving in the UK must produce a valid passport with a photograph or some other document, which satisfactorily establishes their identity and nationality, if required to do so by a Border Force officer. Individuals who wish to travel outside the UK will need to comply with the entry requirements of the country they wish to enter, which may require a valid travel document to establish their identity and nationality.

It remains the case that those who hold a HKSAR passport and wish to travel to and from the UK will need to renew that passport or arrange for alternative documentation. The UK cannot assist with the renewal of passports of other nationalities.


Written Question
Pupils: Refugees
Monday 14th November 2022

Asked by: Rachael Maskell (Labour (Co-op) - York Central)

Question to the Department for Education:

To ask the Secretary of State for Education, whether she has taken recent steps with Cabinet colleagues to help ensure that children of refugees are able to access (a) schools and (b) colleges.

Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero

The department has contributed to the Home Office welcome pack for adults, who have recently been granted refugee or Humanitarian Protection status, to support them in applying for a place at school or college. The pack has been translated into several languages. The department has also contributed similar information to specific welcome packs for arrivals from Afghanistan, Hong Kong and Ukraine.

The department provides online resources for local authorities and schools which makes it clear that refugees and asylum seeker children and young adults have a right to access schools and colleges. Local authorities are required to ensure all children living in their areas receive an appropriate education.


Written Question
Travel Requirements: Hong Kong
Wednesday 2nd November 2022

Asked by: Andrew Gwynne (Labour - Denton and Reddish)

Question to the Home Office:

To ask the Secretary of State for the Home Department, if her Department will take steps to issue travel documents to children born to parents on a British National Overseas visa in the UK so that they do not have to enter Chinese consulate grounds.

Answered by Robert Jenrick

The Home Office does not have plans to issue travel documents to children of parents on the Hong Kong British National (Overseas) route or to Hong Kong residents born after 1997 who hold a Hong Kong Special Administrative Region (HKSAR) passport.

Individuals arriving in the UK must produce a valid passport with a photograph or some other document which satisfactorily establishes their identity and nationality, if required to do so by a Border Force officer. Individuals who wish to travel outside the UK will need to comply with the entry requirements of the country they wish to enter, which may require a valid travel document to establish their identity and nationality.

It remains the case that those who hold a HKSAR passport and wish to travel to or from the UK will need to renew that passport or arrange for alternative documentation. The UK cannot assist with the renewal of passports of other nationalities.


Written Question
Travel Requirements: Hong Kong
Wednesday 2nd November 2022

Asked by: Andrew Gwynne (Labour - Denton and Reddish)

Question to the Home Office:

To ask the Secretary of State for the Home Department, if her Department will take steps to issue travel documents to Hong Kong residents who were born after 1997 and hold a Hong Kong Special Administrative Region passport so they do not have to step onto Chinese consulate grounds to renew their documentation.

Answered by Robert Jenrick

The Home Office does not have plans to issue travel documents to children of parents on the Hong Kong British National (Overseas) route or to Hong Kong residents born after 1997 who hold a Hong Kong Special Administrative Region (HKSAR) passport.

Individuals arriving in the UK must produce a valid passport with a photograph or some other document which satisfactorily establishes their identity and nationality, if required to do so by a Border Force officer. Individuals who wish to travel outside the UK will need to comply with the entry requirements of the country they wish to enter, which may require a valid travel document to establish their identity and nationality.

It remains the case that those who hold a HKSAR passport and wish to travel to or from the UK will need to renew that passport or arrange for alternative documentation. The UK cannot assist with the renewal of passports of other nationalities.


Written Question
Migrants: Children
Tuesday 18th October 2022

Asked by: Stephen Timms (Labour - East Ham)

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 11 October 2022 to Question 53260 on Migrants: Children, what safeguards her Department has identified that ensure British children of parents with no recourse to public funds receive support when (a) facing destitution and (b) other care needs.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

The Government is committed to protecting the vulnerable. Processes are in place to enable those with permission under the Family or Private Life routes, permission outside the rules on the basis of Article 8 of the European Convention on Human Rights, or the Hong Kong British National (Overseas) route, to apply for free to have the No Recourse to Public Funds (NRPF) condition lifted by making a ‘change of conditions’ application. An individual can apply to have their NRPF condition lifted if they are destitute or at risk of imminent destitution, if there are reasons relating to the welfare of a relevant child, or where there are other exceptional financial circumstances.

This includes parents of British children where those parents are subject to a NRPF condition.

Section 17 of the Children Act 1989 imposes a general duty on local authorities to safeguard and promote the welfare of “children in need” in their area. Support provided to a child by local authorities under Section 17 of the Children Act 1989 is not dependent on the immigration status of the child or their parent(s) and is therefore available to parents of British children where those parents are subject to an NRPF condition.