Good news for Hong Kong residents under the British National (Overseas) or BN(O) visa route. According to the government’s proposed immigration changes, they can stay on their five-year path to UK settlement.
Specifically, authorities plan to standardize 10 years as the qualifying period for most, if not all, migrants. But BN(O) visa holders will be able to keep their current five-year period, says a House of Commons Library briefing.
Notably, this exception would not eradicate other requirements. Applicants would still need to meet stricter English proficiency and criminal record rules, as well as other settlement conditions.
“They have to meet the minimum requirements for English language, as well as no criminality and so on,” remarked British Home Secretary Shabana Mahmood. “The over-65s are exempt from the change in relation to English, which I think also provides a fair resolution for those who arrived on that route.”
At the moment, officials have not yet fully implemented the plan. So, these details could still change before proposals are incorporated into immigration rules.
Five Years Remains The Expected BN(O) Route
Overall, the BN(O) visa gives eligible Hong Kong residents and their family members a route to live, work and study in the UK. After five years of continuous residence, qualifying applicants can seek indefinite leave to remain, subject to the applicable requirements.
The government’s wider “earned settlement” plan would change the usual timeline for many migrants. Under the proposal, 10 years would become the default qualifying period, while some applicants could qualify sooner based on their circumstances.
The House of Commons Library says settlement could take three years for people earning more than £125,140 annually. Some people earning more than £50,270 could qualify after five years, if they meet the proposed earnings conditions.
Certain health care and teaching roles would also retain a five-year route. Eligible partners, parents and children of British citizens could qualify through that period as well.
BN(O) visa holders would keep their existing qualifying period under the proposal. However, the Commons Library says they would still need to meet new minimum requirements, unless an exemption or safeguard applies.
Stricter Requirements Could Still Apply
To clarify, keeping the five-year route would not guarantee settlement after five years. BN(O) applicants would still need to meet eligibility rules in place when officials decide their applications.
As mentioned, the proposed minimum requirements include more advanced English, no qualifying criminal record, sufficient earnings and no government debt. Applicants would also need to pass the Life in the UK test.
The Commons Library briefing says the government proposes an annual earnings minimum of £12,571. Couples could combine income to meet a joint threshold of £25,142. The proposal exempts children, people aged 65 or older, and people unable to meet the requirement because of a physical or mental condition.
Criminality rules could also cover more than prison sentences. The briefing lists outcomes such as court-imposed fines, community sentences and conditional cautions among the measures that could bar settlement.
The government has not yet written these proposals into the immigration rules. As a result, applicants should distinguish the announced policy direction from rules currently in force.
Changes Could Affect People Already In The UK
The proposed policy could reach migrants already living in Britain. The Commons Library says the government has not offered a broad exemption for everyone already in the country.
Instead, the rules that apply when officials decide an application generally govern the outcome. Home Secretary Shabana Mahmood told MPs that “the rules that apply to an application are those that are in place at the point of decision, not at the point when somebody arrived in the country,” according to the briefing.
That principle could matter to BN(O) visa holders approaching the end of their qualifying period. Their five-year timeline may remain, but they could still have to meet the new minimum criteria if those rules take effect before they apply.
The government has announced limited transition arrangements for some health care and social care workers. Those provisions do not create a general protection for all migrants already in Britain.
BN(O) Implementation expected over 2027
The proposed settlement changes stem from the government’s May 2025 immigration white paper. A white paper outlines intended policy; by itself, it does not change the law or immigration rules.
Since then, the government has implemented some white paper proposals, while others remain pending. For example, new applicants for several work-related visa categories have needed B2 English since January 2026, according to the Commons Library.
The government plans to begin publishing immigration-rule changes for earned settlement in December 2026. Officials expect the new rules to take effect over the course of 2027.
Until then, applicants can continue seeking indefinite leave under the current rules, the briefing says. However, the final details may shift as officials draft the changes.
What applicants should watch
For BN(O) visa holders, the key distinction is between the settlement timeline and the conditions required to qualify. The proposed five-year period may stay in place, while other eligibility tests become stricter.
Therefore, applicants should follow the final immigration rules and check how the requirements apply to their individual circumstances. The Commons Library says the changes will affect nearly all immigration categories in some way, even where a person’s qualifying period remains unchanged.
The policy’s practical impact will depend on the rules the government ultimately adopts. Until those rules take effect, the five-year BN(O) route remains the expected path, with tighter conditions still under consideration.
Photo by Alison Pang on Unsplash
