The British Passport Stoking Controversy in Hong Kong

(Bloomberg) -- As China asserts its control over Hong Kong with a national security law that came into force in mid-2020, the U.K. is offering some residents of its former colony a potential route out: a proposal to allow longer stays in Britain and a pathway to future citizenship. More than 5 million people, including dependents, could qualify, although only a fraction of that total is expected to make the move anytime soon.

1. What’s the plan?

It has to do with giving expanded rights to Hong Kong residents with unique travel documents known as British National (Overseas), or BN(O), passports, and to those considered to be eligible for them. The U.K. created the passports before handing Hong Kong back to China in 1997. They allowed holders to visit the U.K. visa-free for up to six months, but didn’t automatically confer the right to live or work there. Holders also weren’t eligible to access public funds.

2. What’s changing?

U.K. Foreign Secretary Dominic Raab told the House of Commons in July 2020 that a new “bespoke immigration route” would allow holders of BN(O) status to come to the U.K. without the previous six-month limit. They would be allowed to stay and work in the U.K. for five years. After that period, they could apply for settled status and, after a further 12 months with that status, for citizenship. Family dependents would also be allowed into the U.K. and there would be no limit on the numbers allowed to apply.

3. Who is eligible?

There were 469,000 holders of BN(O) passports as of early October 2020, according to the U.K. Home Office. Others born before the July 1, 1997 handover could register before that date, however. The Home Office estimates there are 2.9 million BN(O) citizens eligible to move to the U.K., plus a further 2.3 million dependents and 187,000 people aged between 18 and 23 who have at least one BN(O) parent, bringing the total to about 5.4 million, or around 70% of Hong Kong’s 7.5 million population.

4. What’s the process and how much does it cost?

From Jan. 31, 2021, individuals can apply for the Hong Kong BN(O) visa for either 30 months or five years. BN(O) citizens and their dependents can apply online from outside or inside the U.K. The visa costs 250 pounds ($343) per person to stay for five years. Each person must also pay an immigration health surcharge to use the National Health Service, which costs 3,120 pounds per adult and 2,350 per child. The costs are slightly lower for a 30-month visa. For a family of four, including two children, total fees could be almost 12,000 pounds. Applicants must also prove that they can house and support themselves financially for at least six months in the U.K. This can be demonstrated by money in bank accounts, income from a job in the U.K., other income such as renting out a property and offers of support or accommodation from friends or family. Applicants will also need to provide a tuberculosis test certificate.

5. Why is the U.K. doing this?

U.K. Prime Minister Boris Johnson described China’s imposition of the national security law as a “clear and serious breach” of the 1984 Sino-British Joint Declaration that paved the way for Hong Kong’s return to China in 1997. In an interview with Sky News in June 2020, Raab said the U.K. was prepared to sacrifice a potential free trade deal with China to protect Hong Kong citizens, and the government has said it has a moral obligation to them.

6. What has the reaction been from China?

China has criticized the U.K.’s move as an inappropriate interference in the country’s domestic affairs and a violation of its promises under the handover agreement not to confer the right of abode to Chinese citizens in Hong Kong who hold BN(O) passports. “The Chinese side has repeatedly expressed its grave concern and strong opposition and will certainly respond with countermeasures,” the Chinese Embassy in London said in a statement on Jan. 29. The Chinese Foreign Ministry separately said it won’t recognize the passports as travel documents. Practically, that may have little effect, as Hong Kongers don’t use them for travel to the mainland. Instead, they can serve as an extra passport when traveling, allowing holders to access more countries visa-free than the Hong Kong passport alone.

7. Why didn’t Hong Kong people get regular British passports?

People born in Hong Kong after the 1997 handover, who were both Chinese citizens and permanent Hong Kong residents, became eligible for the new Hong Kong Special Administrative Region (SAR) passports. While then-Conservative Prime Minister John Major cited Britain’s “continuing responsibilities to the people of Hong Kong” in a speech in the city in March 1996, at the same time there was concern within his Tory party back home about the potential scale of arrivals from Hong Kong, according to Jonathan Dimbleby in his book “The Last Governor.”

8. How many people might move to the U.K.?

No one knows. The British government says a lot depends on how the political situation in Hong Kong evolves and the effects of the Covid-19 pandemic. In an impact assessment, it estimates between 123,000 and 153,700 BN(O)s and their dependents may arrive in the first year and between 258,000 and 322,400 over five years. Under those assumptions, the government sees a net benefit to the U.K. economy of between 2.4 billion and 2.9 billion pounds over five years. Raab said in July he expects “a large number” of those who are eligible to remain in Hong Kong or move elsewhere in the region.

The Reference Shelf

• An article by Johnson on Hong Kong from June 2020 in the Times.
• A Bloomberg story from January 2021 on people applying for visas.
• A Businessweek story by Marc Champion and Peter Martin on China’s Hong Kong strategy.
• A Bloomberg story on passport issuance from December 2020.
• The Last Governor. Chris Patten and the Handover of Hong Kong. By Jonathan Dimbleby.
• East and West. By Chris Patten.
• A BN(O) U.K. government factsheet.

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