Labour and the British National (Overseas) visa policy: Why is it causing concerns among Hongkongers?

There’s no doubt that Labour are concerned about the rise of Reform UK and their drum beat on immigration. Yet, PM Starmer’s immigration white paper and his speech in July has caused a ripple effect on the Hong Kong (HK) community in the UK.

One key area in Labour’s new immigration rules was about extending the path to settlement to ten years. This could potentially affect Hong Kongers’ resettlement in the UK under the British National (Overseas) BN(O) 5+1 route. Furthermore, additional and language requirements may affect the promise that all BN(O) passport holders have the opportunity to safely bring their HK families to the UK.

When being asked whether the BN(O) scheme would be affected, Labour Ministers appeared to be non-committal. Meanwhile, Liberal Democrats MPs are continuously highlighting the need for clarification, such as Pippa Heylings MP’s question on the 7th August 2025, which emphasised that it will be unfair to change the length of settlement mid-journey for a community who have close historic ties and a unique commitment.

In Colindale, where I live and campaign locally, the owner of my local Hong Konger takeaway asked in a worrisome tone as to whether their family would be affected. Her family only arrived in the UK during COVID and set up the takeaway. They recently set their business footstep firmly in the local community, and were talking about business expansion.

With the uncertainty of the BN(O) scheme, their anxiety kicked in. Banks are unsure whether they can organise a business loan in the absence of a business plan and immigration status. Their future of staying in the UK is in doubt too. Most are afraid the Government may treat Hong Kong as “safe”, especially because of Labour’s plan to warm ties with the Chinese government.

The Hong Kong diaspora has changed considerably. Many contributed to our local economy and have integrated into our society. Labour’s unwillingness to firmly establish the commitment on BN(O) 5+1 has put many local growths on hold.

If we traced the history of BN(O), we would realise the scheme was a promise we made to Hong Kong while it was a former colony. After the 1989 Tiananmen Massacre, the British government set up a Contingency Committee (MISC140) to plan for potential evacuation of Hong Kong citizens to the UK.

According to the plan, “increasing Chinese interference… to the level which the freedom of movement of Hong Kong citizens would be restricted, or state of emergency was declared in Hong Kong due to ‘any China-provoked panic”, the UK government would start evacuating 3.2 million Hong Kong citizens to neighbouring countries, then followed by different safe-harbour schemes.

Coincidently, the British Nationality (Hong Kong) Act 1990 was prepared around the same time. It provided the groundwork of the BN(O) passport, and later, the BN(O) visa in 2019. The coincidence of the timing means that the BN(O) scheme and Tiananmen could also be part of the contingency plan.

If we compare the criteria set under the contingency plan with what happened in Hong Kong after 2019, they are shockingly similar. The National Security Law imposed by China in 2020 meant the autonomy and civil liberties guaranteed by the Basic Law no longer existed. Hong Kong citizens would be subjected to arrest or deportation to Mainland China if they made expressions unfavoured by the Chinese Communist Party. This dissolution of the rule-of-law served as the background of an emergency for Hong Kongers.

The UK made a promise to Hong Kongers that in an emergency, there is an option for a second home with freedom and civil liberties. We must hold the Government to account not to delay their firm commitment to unchanged BN(O) 5+1 status.

The Liberal Democrats have a history of supporting the rights of Hong Kongers. I am delighted this commitment has carried on.

Our MPs have raised questions on numerous of occasions for clarifications on the new immigration rules and its implication on BN(O) visa scheme. On that basis, I submitted a policy motion in this conference (F34 Protecting the Rights of Hong Kongers) to reaffirm our commitment to the BN(O) visa scheme. In the motion, we call for the Labour government to ‘Retain the 5-year pathway to settlement for all BNO visa holders, reflecting our unique and historic obligation to the people of Hong Kong and providing the certainty that HongKongers deserve.’

The debate will take place on 22nd September at 14:10, please join us for it!

* Larry Ngan is a member of Federal International Relations Committee, Chair, Liberal International British Group and Liberal Democrats Friends of Hong Kong

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