Commonwealth Citizens and British Nationals Overseas Visa Pathways
At Fard Solicitors, we provide expert legal assistance for Commonwealth citizens
and British Nationals (Overseas) who wish to live and work in the UK. Whether
you are a Commonwealth citizen with the right of abode, part of the Windrush
generation, or a British National (Overseas) seeking entry through the BNO visa,
we ensure a thorough and streamlined application process for your immigration
needs.
Right of Abode for Commonwealth Citizens
If you are a Commonwealth citizen, you may have the right of abode in the UK,
which allows you to live and work without immigration restrictions. This right
may be granted based on parental nationality or marriage to someone with the
right of abode.
Our legal services also extend to helping you obtain a Certificate of Entitlement if you are not automatically recognized as having the right of abode. This certificate can be attached to your passport and serves as proof of your legal status in the UK
Who Qualifies for Right of Abode?
- You have a parent born in the UK who was a citizen of the UK and colonies
when you were born or adopted. - You were a Commonwealth citizen on 31 December 1982 and have
remained one since. - Women who married someone with the right of abode before 1 January
1983 may also qualify. However, some restrictions apply, particularly
regarding polygamous marriages, and we can guide you through these
complexities.
Windrush Generation Cases
If you are part of the Windrush generation (those arriving from the
Commonwealth before 1973), there are special provisions to prove your right to
live and work in the UK. Our experienced team is dedicated to helping you
secure the documentation needed to confirm your status.
British National (Overseas) Visa
The British National (Overseas) (BNO) status is a form of British nationality
that was granted to individuals from Hong Kong before the transfer of
sovereignty to China in 1997. If you hold BNO status, you and your family
members can apply for a BNO visa to live, work, and study in the UK. You may
stay for either 2 years and 6 months or 5 years, with the option to apply for
indefinite leave to remain (settled status) after 5 years of continuous residence.
Eligibility for the BNO Visa:
- British Nationals (Overseas) and their eligible family members can apply.
- Applicants can apply from within the UK or abroad.
- Family members, including spouses, partners, children under 18, and adult dependent relatives, may be included in the application.
Children born on or after 1 July 1997 can also apply separately or as part of a family unit.
FAQs
Commonwealth citizens with the right of abode can live and work in the UK
without immigration restrictions. This right may be granted through parental
nationality or, in certain cases, through marriage to someone with the right of
abode.
You can prove your right of abode with a UK passport identifying you as a British
citizen or British subject with the right of abode. If you do not have this, you
must apply for a Certificate of Entitlement.
A Certificate of Entitlement is a document that confirms your right to live in the
UK. To apply, you will need to submit an application, either from within the UK or
abroad, including supporting documents proving your eligibility. It is valid until
your passport expires.
The BNO visa is a special visa for individuals with British National (Overseas)
status, primarily available to those from Hong Kong. It allows BNO citizens and
their families to live, work, and study in the UK. After 5 years of residency, you
may apply for permanent settlement.
British Nationals (Overseas) and their family members can apply. Family
members include spouses, civil partners, unmarried partners, children under 18,
and adult dependent relatives. If you are the child of a BNO citizen and were
born on or after 1 July 1997, you may also be eligible.
You can stay in the UK for either 2 years and 6 months or 5 years. The visa can
be extended, and after 5 years, you may apply for indefinite leave to remain
(settled status).
The application fee for a BNO visa is £180 for 2 years and 6 months or £250 for 5
years. Additionally, there is a healthcare surcharge that must be paid to access
the NHS.
Yes, your spouse, civil partner, children under 18, and adult dependent relatives
can apply alongside you. Each family member will need to provide evidence of
their relationship to you, including birth or marriage certificates.
You will need to provide proof of your identity, residence, financial capability to
support yourself for 6 months, and a TB certificate (if required). Each family
member must provide similar supporting documents.
Yes, after living in the UK for 5 years and obtaining indefinite leave to remain,
you can apply for British citizenship. Family members, including your spouse and
children, can also apply for citizenship based on their own residency periods.
If your application is unsuccessful, you will not be granted a visa, and your family
members’ applications may also be refused. In some cases, you may be able to
extend your stay for up to 12 months to gather additional evidence. Some fees,
like the healthcare surcharge, may be refunded if your application is
unsuccessful.
Female Commonwealth citizens who were married to someone with the right of
abode before 1 January 1983 may be eligible. Certain restrictions apply,
particularly if the husband had multiple wives who legally entered the UK.
At Fard Solicitors, we are committed to helping you navigate the complexities of UK immigration law. Whether you are applying for a BNO visa, proving your right of abode, or seeking to settle permanently in the UK, we are here to guide you every step of the way.
At Fard Solicitors, we are committed to helping you navigate the complexities of UK immigration law. Whether you are applying for a BNO visa, proving your right of abode, or seeking to settle permanently in the UK, we are here to guide you every step of the way.
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Client’s Feedback about Us
I would just like to express my thanks to you for guiding me through my migration process. furthermore, I just wanted to say a huge “thank you” for all your help & support. You have been by far the best solicitors I’ve ever dealt with - extremely professional, excellent communication, great advice, friendly & above all human! I would not hesitate to use your services again & would highly recommend you to friends. you have all been terrific
ROBERT KARAMI 21/02/2023