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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 7646
Experience:  English solicitor with over 12 years experience
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If my Hong Kong BN(O) Visa is granted and the deadline for

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If my Hong Kong BN(O) Visa is granted and the deadline for arrival to UK specified on the Decision Letter is, e.g. 31 Aug 2021. However, i cannot go to UK due to some issue, can I apply for vignette transfer after 31 Aug 2021? Will my Visa be revoked if I apply the vignette transfer after 31 Aug 2021?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I live in Hong Kong
JA: Have you talked to a lawyer about the visa?
Customer: not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no more
Customer: replied 8 days ago.
can I also ask if I get a job via the post study work visa (in the Graduate Route) and work in UK for two years, and then seek a Tier 2 work visa afterwards, can the two years worked in UK via the post study work visa be counted to the 5 years of the settlement route?

Hello,

I am a UK solicitor.

Usually, you may ask for your visa date to be deferred for a maximum period of 3 months from the date of your application so for example if you apply on 1st March, you may ask for a visa start date of 1st June.

However, you may travel to the UK at any time after the start date of your visa, you do not need to travel on 1st June if it starts on 1st June. If you delay your travel, you need to bear in mind that the 5 years clock for settlement purposes will only start ticking when you arrive in the UK on your visa.

UK government guidance states as follows:

"You can apply to settle in the UK (known as ‘indefinite leave to remain’) after you’ve lived in the UK for 5 years on a BNO visa. This means you can stay in the UK without any time limits.

If you’ve already spent time in the UK on a different visa this may count towards the 5 years. Time spent on a Student visa (previously called a Tier 4 (General) student visa) or a Youth Mobility Scheme visa (T5) will not count."

May I help further?

Customer: replied 8 days ago.
If I delay my travel after the visa start date, do I need to apply for extension of the date of arrival to UK? Must this applied before the original start date? Or I can apply after the visa start date? Will Uk revoke my visa if I apply for the extension of the visa start date after 1st June in your example?

You may travel at any time your visa is valid e.g. if it is valid until 31st May 2026, you may travel at any time between 1st June 2021 and 31st May 2026.

For meeting the 5 years requirement in the UK, you may need to apply for an extension of your visa, there are no restrictions on applying for extensions.Once you have 5 years in the UK, you may then apply for settlement.

All the best

Customer: replied 8 days ago.
Also, in this case as the 5 year clock only started at the date I arrive UK, do I need to extend my visa so as to fulfill the 5 year settlement requirement?

Yes.

Customer: replied 8 days ago.
Thanks. But if I don’t travel to Uk on 1st June 2021, e.g, I can only travel to Uk on 1st June 2022, do I need to apply for something like vignette transfer? Do I need to apply this vignette transfer before 1st June 2021, or I can apply it at any time before my actual travel? Will my visa be revoked if I didn’t apply vignette transfer?

Please accept proposal to continue.

UKSolicitorJA and 3 other Immigration Law Specialists are ready to help you
Customer: replied 8 days ago.
Hi
Customer: replied 8 days ago.
Can you call me at +852 94697293 so that I can tell you my questions ?
Customer: replied 8 days ago.
Hi, can I post my question here?
Customer: replied 8 days ago.
If my daughter is already in Uk studying master degree and will be graduated in June, if the BNO visa is granted, she can start the clock to tick her 5 years settlement in Uk even I travel to Uk later, e.g. after 1 year?
Customer: replied 8 days ago.
That means she doesn’t need to wait till I arrive Uk to start ticking the 5 years clock for settlement purpose, is it correct ?

Thank you.

You do not need to apply for vignette transfer and your visa will not be revoked, it will remain valid and you may travel anytime during its validity.

Your daughter's clock in the UK for settlement purposes will start when she is issued with a BNO visa, as a student visa does not count for settlement purposes under the 5 years route.

Customer: replied 8 days ago.
my daughter’s clock in the Uk settlement will start even though I not yet travel to Uk to activate my BNO visa?

Yes, assuming she obtains her own independent BN(O) visa. If it is a dependant visa, then she would need to be under 18 normally and if you include her as your dependent, then she would only be able to apply for settlement as the same time as you.

Customer: replied 8 days ago.
She is over 18 but born after 1st July 1997. I can also include her in the BNO visa application via BNO Household member route as an adult dependent. Then her clock can still start once the BNO visa is approved and even I go to Uk later?

No, in that case, her clock will be tied to yours.

However, if she qualifies, she may apply for her own BN(O) visa in her own right, in which case she may start her clock earlier than yours.

Customer: replied 8 days ago.
How she can apply BNO on her own right? She only has HKSAR passport
Customer: replied 8 days ago.
I saw Home Office website that I can include her via BNO Household Member Route. In this case, can she start her own clock? She will apply via mobile apps in Uk, not in HK
Customer: replied 8 days ago.
I asked Immigration and they said that she can start her own clock as she is already in Uk when she applies on her own via mobile apps. But of course why she is eligible to apply is because I am her parent and I am BNO holder

She would only qualify in her own right if she had a BN(O) Passport, so she cannot qualify for her own visa.

Yes, you may include her as your dependant as she was born after the handover date but arguably, she would only be able to apply for settlement in the UK at the same time as you. However, the rules keep changing all the time, so you should not worry about that now, it is something to consider in 2026.

All the best. I will now go offline.

Customer: replied 8 days ago.
Can I ask one more question? So, even I not yet go to Uk, but since the visa is approved, my daughter is in Uk and she can already activate her BNO visa once approved? No need to wait for me to come to Uk to activate?
Customer: replied 8 days ago.
I mean she can then start to look for job freely in Uk without need to get employers sponsorship?

Yes, she may do so, that is fine. She may live in the UK even if you are not here yet.

Customer: replied 8 days ago.
That means my elder daughter can start working in Uk without need to get employer’s sponsor but she must apply settlement at the same time as me?
Customer: replied 7 days ago.
I saw that only child under 18 need to have the same settlement date as their parents. There is no requirement for those under 18 who is granted via the BNO Household Member route. Could you help to double check?

Yes, she will be treated the same as children under 18 as she will be holding a dependant visa.

Customer: replied 7 days ago.
But she is not under the same route as those children under 18. Her route is BNO Household Member Route. I doubt whether she is treated as those under 18
Customer: replied 7 days ago.
Those below 18 is included in the BNO Household Child under the BNO Status Holder Route

Household member/child are all dependents, that is why.

Please see this guidance:

"For a grant of settlement on the Hong Kong BN(O) route, a BN(O) household child must be being granted at the same time as their BN(O) status holder parent, and/or their other parent who is already settled or a British citizen. A BN(O) adult dependent relative must also be applying for settlement at the same time as the BN(O) status holder..."

Customer: replied 7 days ago.
But my daughter is household member, not household child

She will be an adult dependent relative.

Customer: replied 7 days ago.
in this case if I go to UK and activate my BNO visa after one year of the visa granted, I need to extend my Visa after 4 years because it has only four years remaining. however my daughter is also required to extend the visa although she already started to work in Uk before I activate my BNO visa?
Customer: replied 7 days ago.
As she need to extend the visa so as to apply settlement together with me?

Yes, that is correct.