Source · Select Committees · Home Affairs Committee
Second Report - The UK’s offer of visa and settlement routes for residents of Hong Kong
Home Affairs Committee
HC 191
Published 7 July 2021
Recommendations
2
Acknowledged
Para 57
Extend the British National (Overseas) scheme for young people with eligible parents to apply separately
Recommendation
We have heard that young people are among the most targeted citizens in Hong Kong owing to their increased participation in pro-democracy protests. They are also among the most vulnerable, particularly if they are estranged from their families because of …
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Government Response Summary
The government states it understands the Committee's concerns regarding eligibility and accessibility for the BN(O) route for young people who were too young to obtain status or whose parents do not wish to apply.
Home Office
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3
Rejected
Para 58
Remove or raise Youth Mobility Scheme cap and assure bilateral agreement effectiveness for Hong Kongers
Recommendation
We also agree with witnesses that the current provisions of the Youth Mobility Scheme—places on which are allotted through a lottery—are inadequate to support the size and needs of this cohort. The Government must provide assurances about the continuing feasibility …
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Government Response Summary
The government rejects increasing the quota for Hong Kong nationals on the Youth Mobility Scheme, citing that each agreement is subject to a reciprocal quota based on UK nationals' usage.
Home Office
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7
Deferred
Para 68
Establish expert casework team and ensure policy recognises politically-motivated Hong Kong convictions
Recommendation
Home Office caseworkers should be trained and regularly updated on the developing situation in Hong Kong. The Government must provide assurances that the criminality policy and associated guidance for caseworkers explicitly recognise that convictions and the designation of certain convictions …
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Government Response Summary
The government's response deflected by stating that the UK grants protection according to international obligations and that asylum claims made within the UK are determined on a case-by-case basis, without addressing specific recommendations on BN(O) caseworker training, policy for politically motivated convictions, or establishing an expert team.
Home Office
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9
Rejected
Para 73
Assess young people affected and extend BN(O) visa route for eligible unregistered applicants
Recommendation
Young people who were eligible but too young to register themselves before handover on 1 July 1997 are being denied access to the Hong Kong BN(O) visa route because, for whatever reason, their parents failed to complete the process. The …
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Government Response Summary
The government rejects assessing affected young people or extending the BN(O) visa route further, stating they have no plans to expand eligibility beyond adult children already in a BN(O) status holder's household, and point to alternative existing immigration routes.
Home Office
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10
Accepted
Review equality impact assessment for BN(O) visa, addressing penalties for vulnerable couples
Recommendation
We were concerned to hear that provisions in the Hong Kong BN(O) visa route rules may penalise couples on lower incomes and same-sex couples who because of societal pressures in Hong Kong are unable to live in the same household. …
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Government Response Summary
The government accepted the recommendation, committing to review the equalities impact assessment for the BN(O) route and consider their approach to applications from genuine couples unable to show proof of joint residency due to societal or financial pressures.
Home Office
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12
Deferred
Consider providing domestic higher education fees for Hong Kong students in the UK.
Recommendation
We recommend that, on grounds of the unique historical relationship between the UK and Hong Kong, the Government should consider providing for Hong Kong students to be charged domestic fees for higher education in the UK. (Paragraph 90) 36 The …
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Government Response Summary
The government responds by discussing the BN(O) casework team and their training, which is unrelated to the recommendation for Hong Kong students to be charged domestic higher education fees.
Home Office
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14
Deferred
Para 97
Establish dedicated casework team for Hong Kong asylum applications and update country policy note within eight weeks.
Recommendation
The UK has a proud record of providing asylum to individuals who need it, from many parts of the world. A failure to provide effective and timely consideration to asylum seekers from Hong Kong would damage this record, as well …
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Government Response Summary
The government discusses the setting of visa, immigration, and citizenship fees, which is unrelated to the recommendation for a dedicated asylum casework team for Hong Kong and updated country policy notes.
Home Office
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15
Deferred
Review communication plan to publicise BN(O) visa route and scheme enhancements effectively.
Recommendation
The Government must provide further assurances of the practical steps it is taking to welcome BN(O) citizens and to ensure they are aware of the scheme. The Government should review its communication plan to ensure that the new visa route …
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Government Response Summary
The government discusses the setting of visa, immigration, and citizenship fees, which is unrelated to the recommendation for assurances on welcoming BN(O) citizens and reviewing communication plans for the scheme.
Home Office
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16
Deferred
Para 119
Ensure robust plan for integration and employment support for arriving BN(O) visa holders.
Recommendation
Integration support for newly arriving Hong Kongers is essential. The Government must ensure there is a robust plan for integration and employment support for BN(O) visa holders arriving to live in the UK. In January we heard significant concerns from …
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Government Response Summary
The government discusses the setting of visa, immigration, and citizenship fees, which is unrelated to the recommendation for a robust plan for integration and employment support for BN(O) visa holders.
Home Office
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17
Accepted
Para 120
Improve communication and signposting of available integration support in accessible formats.
Recommendation
The Government should also improve the communication and signposting of the support available, for example by making information about the integration programme available in a range of languages and accessible formats.
Government Response Summary
The government accepted the recommendation, stating they published a Welcome Guide in both English and Cantonese and regularly engage with civil society to update information and ensure accessibility for BN(O) status holders.
Home Office
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18
Deferred
Para 121
Provide further information on inter-Ministerial group objectives and draw up clear integration plan.
Recommendation
We particularly welcome the establishment of the inter-Ministerial group to co- ordinate support for status holders but note that as yet there is little transparency about the work of this inter-Ministerial group. The Government must provide further information about the …
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Government Response Summary
The government's response did not address transparency, integration plans, or resource provision related to the inter-Ministerial group, instead focusing on the Home Office's process for monitoring country situations and updating Country Policy and Information Notes.
Home Office
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Conclusions (11)
1
Conclusion
Acknowledged
In the 1985 Sino-British joint declaration the UK made a historic commitment to protect the freedom of the people of Hong Kong. Given the grave concerns of Governments, NGOs and human rights experts about the impact of the new security law on Hong Kongers’ freedoms we welcome the Government’s decision …
Government Response Summary
The government acknowledged understanding the committee's concerns regarding the eligibility and accessibility of the BN(O) route for younger individuals or those whose parents do not wish to apply, but committed to no specific action.
4
Conclusion
Rejected
Para 59
In order to provide consistency with other pathways to the UK we ask the Government as a matter of urgency to consider, and to report to Parliament, how a five-year pathway to settlement might be made available to this group.
Government Response Summary
The government rejected the recommendation to make a five-year pathway to settlement available through the Youth Mobility Scheme, stating that YMS is a temporary cultural exchange route that does not lead to settlement.
5
Conclusion
Deferred
Para 60
Given the threats of imprisonment under the new security law faced by some Hong Kong young people, the asylum system should be another appropriate route for them to be able to follow. It is troubling that we have heard they are deterred from doing so. The current delays in the …
Government Response Summary
The government's response describes the Youth Mobility Scheme (YMS) as a temporary route for cultural exchange that does not lead to settlement, failing to address the recommendation to urgently tackle long delays in the asylum casework system.
6
Conclusion
Deferred
Para 67
We welcome the statement of intent by the Home Office that discretion will be given in cases where applicants for the BN(O) visa have convictions related to free speech The UK’s offer of visa and settlement routes for residents of Hong Kong 35 or peaceful protest. We are however concerned …
Government Response Summary
The government discusses the Youth Mobility Scheme (YMS) and its temporary nature, which is unrelated to the committee's concern about politically-motivated convictions for BN(O) visa applicants.
8
Conclusion
Deferred
Para 70
We support the proposition that intelligence-led checks should be made of applications for the Hong Kong BN(O) visa to identify and screen out agents who intend to monitor and inform on the BN(O) community in the UK on behalf of the Chinese Government. This strengthens the case for having an …
Government Response Summary
The government discusses general asylum claims and the UK's history of granting protection, which is unrelated to the recommendation for intelligence-led checks and an expert casework team for BN(O) visa applications.
11
Conclusion
Deferred
Para 87
We accept the principle that individuals who benefit from immigration should contribute towards the costs of essential UK services and we also welcome the fact that, when designing this visa route, the Government set out to increase its accessibility by setting a low fee for the applicant. However we are …
Government Response Summary
The government did not address the recommendation for a means-tested fee waiver or payment flexibilities for the immigration health surcharge, instead stating caseworkers receive training and will get regular updates on the situation in Hong Kong.
13
Conclusion
Deferred
Para 96
Witnesses told us that the Home Office’s failure to keep its country policy information notes on Hong Kong up to date potentially left asylum-seekers who have a well- founded fear of persecution at risk of having their claims denied by caseworkers. This concern was sufficient to deter eligible claims.
Government Response Summary
The government's response did not address the recommendation about updating country policy information notes on Hong Kong, instead discussing the purpose of visa fees.
19
Conclusion
Deferred
While cross-departmental work is welcome, the Home Secretary should also appoint a BN(O) Resettlement Panel to implement the plan from the inter-Ministerial group and to coordinate with local authorities, new residents and civil society groups on how best to support integration for Hong Kongers upon arrival. (Paragraph 122)
Government Response Summary
The government responds by outlining its process for monitoring country situations and updating country policy and information notes (CPINs), but does not address the recommendation to appoint a BN(O) Resettlement Panel.
20
Conclusion
Deferred
Para 123
The Government’s decision to offer a Hong Kong BN(O) visa scheme is an extremely important and welcome expression of the UK’s historic relationship with, and continued commitment to support, the citizens of Hong Kong. As we have experienced with previous community arrivals into the UK, we expect individuals and families …
Government Response Summary
The government describes its process for monitoring country situations and updating country policy and information notes (CPINs), but does not specifically address reviewing demand estimates for the scheme or ensuring integration measures.
21
Conclusion
Not Addressed
Para 124
There remain worrying gaps in this offer of support, notably for young people born since 1 July 1997 who we have heard are particularly vulnerable to political targeting by Beijing.
Government Response Summary
The government explains that BN(O) eligibility was expanded for adult children within a BN(O) status holder's household, but states there are no plans for further expansion to those outside this group. They also point to existing alternative immigration routes like the Youth Mobility Scheme and Points Based System.
22
Conclusion
Amending the scheme, and making the associated changes we have recommended in this report will enable the Government to improve the scheme further and help to ensure that it provides the genuine protection and assistance the Government set out to provide. (Paragraph 125) 38 The UK’s offer of visa and …