markandebony

It is extremely unfair that:

A BNO passport holder can enter the UK from Jan 2021 and dependants on a much lower fee and seemingly easier benefits. They don't even need an English test!

I am a British born citizen and my children hold UK passports. But for my wife to get a visa we need to spend a large amount of money in order to achieve this.

We can only apply three months in advance of date we want to arrive there but BNO holders can even arrive 6 months before Jan 2021 and work and study until the new policy kicks.

For the spouse visa, we need to prove we have 62500 pounds in the bank. For BNO there is no mention of such a requirement.

WE ARE ALSO STUCK IN HK UNDER THIS REGIME. MY WIFE WAS BORN IN CHINA BUT LIVED, STUDIED AND TAUGHT HERE IN HK. SURELY THERE MUST BE A REVIEW OF CASES LIKE OURS.

Who can help?

BritInParis

Not really sure what you're after but if your wife isn't a BN(O) then she'll need to meet the spouse visa requirements. Your previous posts indicate you have sufficient cash savings to meet the financial requirements which is usually the biggest hurdle.

Pulaski

Well nothing has changed for you, but BNO passport holders have been given a new right (to live in the UK) and a new category of visa has been created for family members of BNO passport holders.

I fully understand why you don't think this is "fair", but from time to time the Britsh government has given refugees a home in the UK, and by your definition, that is also "unfair" to those going through the family immigration process. I don't think you will find much scope for challenging the family visa process that your wife is going through, as it has in no way disadvantaged you or your wife.

QueenAnaMul

My British husband thinks the same but we just have to accept how the system works. We waited awhile to apply for a spouse visa, him working for the last 9 months in a new job (3months due to COVID19 closures) 5 years of being apart and now looking forward to apply. Does anyone know if UKVI is back to doing expedited service (I think it’s called priority service for 30 days)? My daughter’s passport is expiring September in addition we would like her to attend school in England on first day so she won’t feel lost. I’m also looking for a thread here for a step by step how to apply but only see timeline, would be much appreciated if someone can send me a reliable link. Thanks so much in advance!

BritInParis

Standard processing only at the moment.

markandebony

Yes we can apply via the spouse visa route. The BNO holders can apply without proof of funds, without English test, without minimum incomr and can even arrive 6 months and say they hold BNO and can stay 'outside the rules' until Jan 2021.

My wife has an expired spouse visa that could not be renewed as we were stuck in HK due to.Covid 19. But if my wife arrives at the border and says she has an expired visa am.sure they wont let her in.

So yes the the door is open to so called BNO refugees but there are others whose case can be looked at especially regarding application fees.

I know not much can be done but just a bit annoyed.Thanks

MonsterP

Would it be fair to assume that you, like many other Brits, with British kids, married to a non-eea national, are working in HK due to your job requirements?

markandebony

Hi. No i came here as a charity worker.

MonsterP

OK, well, I'm not sure how the charity work visas are by comparison, but I assume the visa is very similar or the same, work permit, etc required, salary too.

I just wanted to check since you're all technically foreigners in HK, although for your wife as a mainlander, I expect the country is considering it as an all in one somehow, but we won't go there. :-)
My point being that I don't think you're in any different situation to I was nor many of my expat colleagues and expat business contacts. Tens of thousands of which have relocated back to their home countries as expat markets have changed. We are all guests. You could, if you can get the work, move to your wife's hometown, perhaps, if you no longer like HK, for whatever reason. I lived in Shanghai and also in Bangkok over the years. Neither gave me any right to continue living there after my work was finished, no matter how much I wanted to stay.
Just because you happen to be working in HK doesn't mean that you have equal rights to Hong Kongers or BNO's, same for anyone, no matter which country they're from. As you know, there are still thousands of expats in HK, despite the numbers reducing over the years, from Ayi's (maids/home helpers) to CEO's.

Just look at it in a different light. All non-eea spouses (and their family) have to go through the same painful route of the visa process when the decide to move to the UK, just like I am with my Chinese wife too. If governments make political decisions for certain groups, then you're either in that group or not.
Best not to fret and frustrate yourself over it. On the positive side, if you no longer wish to stay in Asia or cannot due to lack of work, the UK spouse visa via the savings route is the easiest process.

markandebony

Thank you for feedback. Really hard judge from afar. I am a HK resident, lived here since 88 and really like this part of the world. But with a growing family times change. You are right, savings route is easiest way.

MonsterP

Oh so long, you'll really have your heart in it, so I do empathise. I've been to HK over 50 times, but last time was 2013, so I haven't seen the changes since. My brother has HK residency too, but moved on in 2004 to Shanghai then finally to Singapore in 2007 where he's now permanently set.

This group is good support for the UK spouse visa, if you don't manage to get elsewhere in Asia.

Redsoxfan

My problem is quite similar. Passport agencies are taking longer than usual and expedited service is not available unless life and death circumstance. My son only has 3 months on his passport. My wife and I would like to apply now for spouse visa as we are predicting another wave when winter approaches that may cause another lockdown but our problem is our son’s passport. Can we send off the expiring passport with my UK spouse visa application and send one once travel state issues his new one? Did you submit your application? There’s plenty of YouTube videos that will help you through step by step process.

QueenAnaMul

No. I was advised by a solicitor to renew her passport before application.