Fard Solicitors

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.

Our Awards

Winner 2025 b
Professional Services Awards 2025
Awards 2024
Inspirational Award 2024
Solicitors in London
Lawyer Of The Year Award 2023
Solicitors in London
Community Hero Awards 2022
surrey
Community Hero Awards 2021

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

great help from Attieh and Martha. Very professional and experienced to provide accurate and efficient information to get our spouse visa successful. very recommended

SANIL 04/04/2024

Thankful for the help and I appreciate for service

JAVANSHIR 31/10/2023

Fard and Company were my Solicitors for my immigration matter. They went above and beyond to help me through the process.

PHYLLIS 30/10/2023

I write to express my sincere and heartfelt application and gratitude for your highly professional and competent services, provided in a both a friendly and accessible manner.

D.AIAJ 27/09/2022

The service I received from Zarmina Mahmood was very helpful and efficient. She was always friendly, kind, and very trustworthy.

PHYLLIS CHOUUNARD 27/09/2022

Very supportive and caring knowledgeable Solicitor Giving me very quick appointment and have welcoming me in a professional way at a great service.

KOUROSH 27/09/2022

I had a very good experience with Fard & Co Solicitor. They helped me to achieve my desirable outcome.

Mohammad 16/08/2022

Fard & co have been very efficient, reliable, and very approachable. They dealt with my matter promptly and lifted a heavy burden off my shoulders. The matter was resolved as desired. I highly recommend this great firm and I am forever grateful for their help.

RAHELE TAVANA 21/02/2023

How did Attieh Fard help you? She was available when i need and her information about the field that she works was excellent. What could they have done better? i think she done what she coulddo.

BASED IN LONDON 21/02/2023
Call Now Button