Extending Tier 2 vs Applying for the new BNO visa

Hello,

I'm originally from Hong Kong and have a BNO passport. I've been working in the UK on a Tier 2 visa since late 2017. My goal is to get an indefinite leave to remain once I become eligible (late 2022).

My current Tier 2 visa is expiring in a few months' time so I'll have to apply for an extension (which will see me through to 2023 and is supported by my employer), but since I am also eligible for the new BNO visa, I am considering my options. I was wondering if you could answer a couple questions that I have regarding my situation?

1. Will the 3+ years I have already spent in the UK on the Tier 2 visa definitely count towards the 5 years for ILR if I switched to the BNO visa? The GOV.UK page (https://www.gov.uk/british-national-overseas-bno-visa) says that it *may*, but I rang the UKVI to clarify and they said the 5 years would need to start again if I switched?

2. If I do apply for the BNO visa and my existing Tier 2 visa expires when I am still waiting for a decision on the BNO one, will I have to stop working and being paid?

I'd really appreciate your thoughts on this!

Cheers,
Lily

lilysash wrote: ↑

Thu Feb 04, 2021 11:54 am

1. Will the 3+ years I have already spent in the UK on the Tier 2 visa definitely count towards the 5 years for ILR if I switched to the BNO visa?

yes it will, see immigration rule HK 62.1

HK 62.1. The applicant must have spent a continuous period of 5 years with permission on a route in these rules under which a person can settle, of which the most recent grant of permission must have been on the Hong Kong BN(O) route.

Tier 2 is a route that leads to settlement

See also the Home Office publication https://homeofficemedia.blog.gov.uk/202 ... kong-bnos/
posted on:29 January 2021 - Fact sheet

If they have leave on another route to settlement in the UK this can be counted towards settlement under the Hong Kong BN(O) Visa route.

lilysash wrote: ↑

Thu Feb 04, 2021 11:54 am

The GOV.UK page (https://www.gov.uk/british-national-overseas-bno-visa) says that it *may*,

They say "may" because not all immigration routes count, e.g. T4G and T5 YMS don't

lilysash wrote: ↑

Thu Feb 04, 2021 11:54 am

I rang the UKVI to clarify and they said the 5 years would need to start again if I switched?

Suggest to call them again and point to HK 62.1

lilysash wrote: ↑

Thu Feb 04, 2021 11:54 am

2. If I do apply for the BNO visa and my existing Tier 2 visa expires when I am still waiting for a decision on the BNO one, will I have to stop working and being paid?

No, you will not have to stop working, your T2 leave will continue under section 3c until a decision is made on your BNO visa application. However, your employer may have to confirm your Right to Work - this is done online. Also, there may be problems if your application is considered invalid or is refused. Hopefully you will get a decision before your current leave expires, so apply asap

Hi manci,

Thanks very much for your reply. The official gov text you quoted is extremely useful.

I rang UKVI just now to ask about HK 62.1 again and they gave me a firm NO again re combining time spent on Tier 2 and BNO for the 5-year requirement of ILR! They still said no after I read them the official text! I am baffled!

Given the uncertainty I am leaning towards extending my Tier 2 visa, as that will get me through to 5 years and is an established route to settlement. This brings me to my next question: by the time I qualify for ILR I will have about a year left on the grant that employs me (I am an academic in a university). I am on an open-ended contract with the uni, subject to me having appropriate permission to work and research funding. It is possible that I become a permanent member of staff (i.e. lecturer) or have new funding by the time I qualify for ILR, but as things stand, will that one year be enough grounds for the uni to prove that they still need me for the foreseeable future? Or am I overthinking?

As before your help is much appreciated!

Cheers,
Lily

The call centre is an outsourced third party agent run by SITEL. You are not speaking to ukvi staff when you call.

lilysash wrote: ↑

Fri Feb 05, 2021 10:34 am

rang UKVI just now to ask about HK 62.1 again and they gave me a firm NO again re combining time spent on Tier 2 and BNO for the 5-year requirement of ILR! They still said no after I read them the official text! I am baffled!

I rang the immigration enquiry number 0300 790 6258 today @ 12.35 and spoke to an agent called xxxx who confirmed that according to HK 62.1 the time spent on T2 will count towards the 5 years required for settlement once you apply as a BNO visa holder.

I told xxxx that somebody previously called and was given an incorrect answer. He asked for that agent's name but of course I couldn't give it to him as it was you who called.

People who deal with immigration enquiries on the phone are often not properly trained . You may wish to call 0300 790 6268 again, they are open until 4.30 pm on Fridays. Make a note of the agent's name and the time of the call (all calls are recorded)

Thanks both for your replies! I rang 03007906268 again and this time got a yes from the agent (whose name and time of call I noted). They said they have as much information as we can see online so their colleagues might have been confused.

lilysash wrote: ↑

Thu Feb 04, 2021 11:54 am

2. If I do apply for the BNO visa and my existing Tier 2 visa expires when I am still waiting for a decision on the BNO one, will I have to stop working and being paid?

No, you will not have to stop working, your T2 leave will continue under section 3c until a decision is made on your BNO visa application. However, your employer may have to confirm your Right to Work - this is done online. Also, there may be problems if your application is considered invalid or is refused. Hopefully you will get a decision before your current leave expires, so apply asap

Hi manci, thanks for your help previously, I applied for the BNO visa today. However I'm now not sure whether I answered the following questions correctly:

Are you ordinarily resident in Hong Kong? No
Are you ordinarily resident in the United Kingdom or one of its Crown Dependencies (Jersey, Guernsey and the Isle of Man)? Yes

I gave these answers because I normally reside in the UK (have been on a Tier 2 visa since November 2017 and on Tier 4 between 2014-2017). I do not have ILR in the UK. Being from Hong Kong originally I have permanent residency there but obviously I don't normally reside in HK as I work in the UK. Have I answered these questions wrong?

I am worried based on statements in this document: https://assets.publishing.service.gov.u ... y_2021.pdf

In which it states:
A person will only be ordinarily resident in the UK when that residence is
lawful, adopted voluntarily, and for a settled1 purpose as part of the regular order of
their life for the time being, whether of short or long duration.

and

Persons subject to immigration control must have indefinite leave to enter or remain in
the UK in order to be considered ordinarily resident

Have I given the wrong answers? Should I withdraw my application and apply again? Will my IHS and application fee be refunded? (I only applied today). Thanks very much, my current Tier 2 visa expires 14 May 2021 so I have some time to re-apply.

From the Immigration Rules:

HK 5.1. An applicant applying for entry clearance must be ordinarily resident in Hong Kong at the date of application.

HK 5.2. An applicant applying for permission to stay must be in the UK, and must be ordinarily resident in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, the Isle of Man or Hong Kong on the date of application.

and from the caseworker guidance https://assets.publishing.service.gov.u ... 1.0ext.pdf

Permission to stay applications
Applicants for permission to stay must be in the UK and must show they are ordinarily resident in the UK, the Bailiwick of Guernsey, the Bailiwick of Jersey, the Isle of Man or Hong Kong at the date of application.

If there is no existing immigration footprint, evidence of ordinary residence in the UK, the Bailiwick of Guernsey, Bailiwick of Jersey, or the Isle of Man could be:
• a letter from an employer or education provider confirming their employment or study
• a dated bank statement showing payments received or spending
• a dated letter from a GP or other healthcare professional

As you do have an immigration footprint there is no need for any of this additional evidence

Thank you, manci, that's super helpful! I do have an immigration footprint including a stamp on my passport for my most recent entry to the UK (Feb 2020).

There is another potentially inaccurate answer in my application that I am worried about. I answered 10 years to the question "How long have you lived in the UK?", counting all my previous visas:

• student visa Oct 2009-Jul 2013

• student visa Sept 2014-Nov 2017

• work visa (extended 2 times) Nov 2017 till now (not expired yet)

I lived in Hong Kong between Jul 2013 and Sept 2014; hence I have never overstayed. This gap is correctly reflected in my travel history of the last 10 years in my application. This may sound trivial, but I think the more accurate answer is that I have lived in the UK 10 years and 1 month (only counting full months), rather than 10 years. Would they refuse my application because of this? I know I am probably over-thinking here, but visa things are very important (and stressful) to me.

I should add that I have never been refused any visas.

lilysash wrote: ↑

Tue Mar 16, 2021 5:49 pm

This may sound trivial, but I think the more accurate answer is that I have lived in the UK 10 years and 1 month (only counting full months), rather than 10 years. Would they refuse my application because of this?

No - you may have under-calculated your total time in the UK by 1 month plus only taking account of complete months but this is only a few percent discrepancy and you cannot be accused of deception if you disclosed your complete visa and travel history.

manci wrote: ↑

Wed Mar 17, 2021 10:51 am

lilysash wrote: ↑

Tue Mar 16, 2021 5:49 pm

This may sound trivial, but I think the more accurate answer is that I have lived in the UK 10 years and 1 month (only counting full months), rather than 10 years. Would they refuse my application because of this?

No - you may have under-calculated your total time in the UK by 1 month plus only taking account of complete months but this is only a few percent discrepancy and you cannot be accused of deception if you disclosed your complete visa and travel history.

Hi manci, thanks again for your reply, I really appreciated it. I applied using the ID Check App and my UKVI account online. After submission (in which I answered all questions but was not asked to upload any documents) I got prompted a "what happens next" page that specified my unique application number and stated "You do not need to do anything unless we contact you."

Now, back to my UKVI dashboard there is a button to "provide requested photos or evidence". If I click on the provide photos button (out of curiosity) it says I don't need to upload new photos. If I click on the provide evidence button it says "You should not use this tool unless we have asked you to provide evidence. We have asked you to provide evidence, check the email we sent you." However, in neither the submission confirmation email nor the payment receipt email does it mention what evidence they require me to upload? It only says in the payment receipt email that "You must submit your evidence within 25 working days of paying for your application. If you do not upload any evidence, your application may be refused".

My question is, should I just trust the "you do not need to do anything" page and wait for them to contact me if they need more information, or should I upload a scanned copy of my passport, my BRP and maybe a couple proofs of my UK address just in case? Extra information will not harm my chances of getting the visa, right?

Hi Lily, how long did it take to get your BNO visa approved at the end?

Thanks!

newbieli wrote: ↑

Tue May 25, 2021 6:04 pm

Hi Lily, how long did it take to get your BNO visa approved at the end?

Thanks!

Instead of spamming every topic you find, especially older ones, with the same/similar question, why can you not simply start your own topic with your questions????

CR001 wrote: ↑

Tue May 25, 2021 6:06 pm

newbieli wrote: ↑

Tue May 25, 2021 6:04 pm

Hi Lily, how long did it take to get your BNO visa approved at the end?

Thanks!

Instead of spamming every topic you find, especially older ones, with the same/similar question, why can you not simply start your own topic with your questions????

Isn't it safe to assume people wouldn't come back to this discussion board after their visas got approved? Just trying my luck to see if the people who started the posts will apply when they receive an email notification about it!

Many people don't come back to update their applications.

If you qualify for a visa, there is no reason it should be refused.

Please start your own topic with your circumstances and questions!