Written evidence submitted by Reading Hongkongers CIC (RTS3743)
1. Executive Summary
1.1 Brief Introduction to Reading Hongkongers CIC
Reading Hongkongers CIC is a registered Community Interest Company established in 2022 with the mission to facilitate social integration, support the well-being, and promote the economic participation of the Hong Kong diaspora community who have relocated to the UK via the BN(O) Visa route and other related pathways.
We strive to cultivate social connections between Hong Kongers and the local community, introduce new dynamism, preserve and advance Hong Kong culture, and contribute to the formation of a diverse and inclusive community. Furthermore, we serve as a representative voice for the lived experiences of thousands of Hong Kong families who have elected to establish new lives in the UK, motivated by the pursuit of freedom and the clear prospect of settlement and citizenship.
1.2 Key Positions:
2. Introduction
2.1 The British National (Overseas) Visa Scheme: Background and Current Statistics
The British National (Overseas) Visa scheme was introduced in January 2021 to provide a pathway for Hong Kong residents with BN(O) status to live, work, and study in the UK. This policy was implemented in response to China's controversial imposition of the National Security Law on Hong Kong in 2020, which the UK viewed as a breach of the Sino-British Joint Declaration. The visa allows eligible applicants and their dependents to apply for settlement after five years and, eventually, British citizenship after one more year. As of mid-2025, over 172,000 BN(O) visa holders have arrived in the UK, according to official statistics, reflecting strong uptake among Hong Kong residents seeking greater freedoms and opportunities abroad. The scheme has been praised for supporting Hong Kongers but also criticised for its limited accessibility to younger residents born after 1997.
2.2 The United Kingdom’s Historical and Moral Responsibility to the People of Hong Kong
The United Kingdom holds a historical and moral responsibility to the people of Hong Kong, rooted in its colonial history and the commitments made under the Sino-British Joint Declaration. Signed in 1984, the declaration promised to maintain Hong Kong’s autonomy, freedoms, and way of life under the "one country, two systems" principle after the 1997 handover to China. Before 1997, many Hong Kong residents regarded Britain as their national identity, and the UK issued British National (Overseas) passports to those who registered, further cementing its ties to the territory. However, since the handover, Hong Kong’s autonomy, freedoms, and human rights have steadily deteriorated, culminating in the enforcement of the National Security Law in 2020. This law dismantled civic society, eroded judicial independence, and suppressed freedoms, leaving Hong Kongers without meaningful autonomy. The BN(O) visa scheme represents an explicit acknowledgment of Britain’s historic commitment to Hong Kong and a vital lifeline for those seeking refuge from the systemic oppression they now face.
2.3 Overview of the Work of Reading Hongkongers CIC
Established in 2022, Reading Hongkongers CIC is dedicated to supporting the social integration and wellbeing of Hong Kongers residing in Reading, Wokingham, West Berkshire, and Bracknell. The organisation works closely with local authorities, community organisations, and churches to foster collaboration and promote social integration. It aims to build mutual social networks, reduce isolation, and encourage community involvement through initiatives such as community-led research, funded by UKVI and in partnership with Reading University, which explores oriental crop growing to enhance biodiversity and promote social and mental wellbeing. To boost local economic capacity, the organisation facilitates regular markets and supports Hong Kongers in establishing small businesses. Additionally, it hosts webinars and activities to share local knowledge and improve mental well-being. Through these efforts, Reading Hongkongers CIC plays a vital role in helping Hong Kongers adapt to their new environment while contributing to the local community.
3. Principal Arguments Against the Proposed Changes
3.1. Breaches of commitments, the spirit of agreements, and the legitimate expectations of Hongkongers
The application of new mandatory settlement criteria, specifically the £12,570 "earnings" threshold, to BN(O) visa holders who have already entered the UK constitutes a breach of their "legitimate expectation." This principle, established in the landmark judicial review R (HSMP Forum Ltd) v Secretary of State for the Home Department [2008], ruled that the Home Office acted unlawfully by retrospectively imposing stricter settlement rules on migrants who had entered the UK under a previous set of terms. When BN(O) citizens arrived in the UK, they did so based on the understanding set out in the 2021 Immigration Rules, which stated that settlement would be granted after five years, provided they demonstrated "adequate maintenance," including savings—not taxable earnings. Many families sold homes and liquidated assets to meet these specific requirements, only to face a sudden shift in the rules. This retrospective imposition of an earnings threshold undermines the original “contract” under which they entered, disproportionately affecting retirees and financially self-sufficient families who rely on capital rather than taxable labour income.
The BN(O) visa scheme was introduced as a moral obligation to honour the "uniquely strong attachment" of Hongkongers to the UK, not as a purely economic visa route. By imposing rigid economic tests on this group, the government disregards their historical and moral claim to residence, effectively treating them as economic commodities rather than nationals with deep ties to Britain. To uphold fairness and legal compliance, the government must honour the original settlement criteria in force at the time of the applicant’s initial leave and refrain from retroactively altering the terms.
3.2. The proposed B2 English test—with written and oral components—exceeds practical daily communication needs and imposes a higher barrier than in many other countries
The proposed B2 English test, which includes both written and oral components, imposes an unnecessarily high barrier for BN(O) holders, exceeding the practical communication needs required for daily life in the UK. According to the 2021 Census, approximately 52.6 million people in England reported English as their main language. However, data from the OECD and the National Literacy Trust reveal that around 16.4% of adults in England have "very poor literacy" (Level 1 or below), meaning that while many may speak English at a B2 level, they could struggle with the reading and writing components of such a stringent test. Expecting BN(O) holders to meet this higher standard—especially when many British citizens would not—is unreasonable and risks unfairly penalising this group.
If the B2 policy is to be implemented, a transitional arrangement must be put in place to ensure fairness. All BN(O) holders who arrived in the UK before the current consultation period (ending February next year) should only be required to meet the less demanding B1 level standard, which is sufficient for practical communication and integration. This approach maintains integration requirements while accommodating the unique circumstances of BN(O) holders.
In addition, resources for ESOL courses should be secured to support BN(O) holders in enhancing their English competency to meet the requirements. Over the past several years, demand for ESOL has exceeded supply. BN(O) had reflected that, due to the limited availability of course quotas, they were required to attend the course at a location 30 minutes from their hometown. As mentioned, the B2 level involves writing and reading skills. The learners must go through more intensive training and practices. Therefore, a transitional period should be implemented.
3.3. Introducing an annual income requirement would unfairly exclude carers, early retirees, students, and older adults
Proposing an annual income threshold of £12,570 for BN(O) visa holders unfairly excludes carers, retirees, students, and older adults, contradicting the principles of the existing "adequate maintenance" standard. Under the current rules, BN(O) holders can rely on savings and investments rather than taxable employment income to demonstrate financial self-sufficiency. Many BN(O) retirees arrived in the UK with significant accrued capital to support themselves, and imposing a retrospective earnings threshold penalises them for not generating income through active employment. This requirement unjustly bars financially independent individuals from settlement simply because their wealth is not derived from taxable earnings.
The earnings threshold is particularly discriminatory toward students and young adults, who made up a significant portion of arrivals during the 2021/2022 peak. Many of these individuals prioritised full-time education during their initial years in the UK and, as a result, cannot meet the requirement to earn £12,570 annually over three to five years. Penalising this group contradicts the government's stated aim to "attract the brightest and best" while creating a settlement cliff-edge for those who invested in their education instead of immediate employment.
This proposal is inconsistent with the government’s commitment to the BN(O) route, which was established on the basis of historic ties and shared values, not solely economic contributions. Applying a rigid economic test designed for "economic migrants" undermines this moral commitment and forces retirees and students into low-salary jobs simply to meet the income threshold. The government must uphold the original "adequate maintenance" standard to ensure fairness and to honour the principles upon which the BN(O) scheme was founded.
3.4. Requiring Hong Kong protest-related asylum seekers to wait more than 20 years for permanent residency is inhumane
Many young activists from Hong Kong—particularly those born after 1997 or whose parents never registered for BN(O) status—have no safe or legal route to the UK. They are often forced to travel as visa-free visitors and claim asylum only once inside the country, fearing that declaring an asylum intention at the border would lead to detention, refusal of entry, or deportation back to Hong Kong. Many of these individuals face surveillance from Chinese authorities while still in Hong Kong, and they require time in the UK to gather and prepare adequate evidence for their asylum claims to the Home Office.
These are genuine political refugees fleeing serious persecution. They have sought refuge in the UK because they trust the country that first established the freedoms and values they fought to defend in Hong Kong. The UK’s moral responsibility to Hongkongers cannot be restricted to those fortunate enough to hold BN(O) passports. Forcing these courageous young dissidents to wait up to 20 to 40 years for permanent residency is grossly disproportionate and fails to acknowledge their unique circumstances.
Many of these refugees arrived in the UK unaware they might never return home. Over time, they have built new lives, integrated deeply into British society, and formed lasting connections. They have contributed to the UK in countless ways—some even serving in HM Armed Forces—and have embraced this country as their home. Subjecting them to decades of uncertainty is not only cruel but also undermines the values of freedom and justice that the UK claims to uphold. This policy must be reconsidered to provide these individuals with a fair and humane pathway to settlement.
4. Negative Impacts of the Proposed Policy
4.1 Undermining the 2021 Pathway to Citizenship and Breaching Assurances Provided in Response to the Erosion of Rights and Freedoms in Hong Kong
The BN(O) visa scheme was introduced in 2021 as a direct response to the erosion of rights and freedoms in Hong Kong following the implementation of the National Security Law. The UK Government explicitly assured Hongkongers that the route to Indefinite Leave to Remain (ILR) would be grounded in fairness, predictability, and accessibility. The proposed changes—particularly the introduction of an annual earnings threshold and a higher English language requirement—fundamentally undermine these assurances.
By retroactively imposing new requirements on individuals who have already reorganised their lives, employment, finances, and family arrangements based on the 2021 rules, the proposal breaches the principles of trust, transparency, and legitimate expectation upon which the BN(O) pathway was founded. Many Hongkongers decided to uproot their families, sell their homes, and commit to long-term settlement in the UK precisely because the Government provided a stable, five-year route to settlement based on “adequate maintenance,” not employment-related criteria. Any disruption to this framework risks eroding confidence not only among BN(O) communities but also internationally, where the UK’s commitments to human rights, democracy, and the rule of law are closely scrutinised.
4.2 Delayed Transfer of Significant Pension and Savings Capital
A major consequence of the proposed changes is the delayed movement of substantial financial assets—particularly those stored in Hong Kong’s Mandatory Provident Fund (MPF) scheme. Hong Kong migrants currently hold billions of pounds’ worth of MPF assets, a large proportion of which is expected to be relocated and reinvested in the UK upon ILR status.
A research[1] conducted by Hong Kong Watch in 2024 reveals that Hong Kongers are being prevented from accessing over £3.25 billion worth of their MPF savings. Specifically, HSBC has denied an estimated £978 million of MPF assets and Standard Chartered £20 million of MPF assets, despite having a legal obligation to release the savings to beneficiaries who can provide evidence of their right to reside in a foreign country under the MPF trust deed.
Under the Government’s proposals, however, many BN(O) holders—especially retirees, carers, and stay-at-home parents—would fail to meet the new annual earnings or B2 English level requirement. This would delay or prevent their eligibility for ILR, thereby obstructing the timely transfer of their pension funds into the UK financial system. The economic implications are significant:
-Reduced inflow of long-term capital investments into UK markets;
-Lost opportunities for financial institutions, pension providers, and investment funds;
-Lower household consumption and reduced regional economic activity in areas with large BN(O) populations.
-Instead of generating fiscal benefit, the policy risks deterring capital inflow, undermining one of the most economically advantageous aspects of the BN(O) scheme.
4.3 Loss of Home-Fee Eligibility for University Students
Many Hongkonger students rely on achieving ILR after five years in order to access home-fee tuition rates at UK universities. This eligibility dramatically reduces financial barriers to higher education and ensures that Hongkongers can fully contribute to the UK’s knowledge economy.
Under the proposed changes, thousands of young people who arrived during or after 2021 would fail to secure ILR within the expected timeframe, making them subject to international student fees. This would:
-Significantly increase the financial burden on families;
-Reduce the likelihood that Hongkonger students pursue university education in the UK;
-In turn diminish the UK’s long-term economic competitiveness, labour market skills development, and cultural diversity within higher education.
By restricting access to home-fee status, the proposed reforms risk impeding upward mobility among Hongkonger youth and undermining one of the UK’s greatest strengths—its world-class higher education system.
5. Benefits of Maintaining the Existing Policy
5.1 Contributions by Hong Kong Migrants
Since 2021, Hong Kong migrants have significantly enriched the UK’s economic, cultural, and civic landscape. Their contributions include:
-High levels of employment, especially in skilled and professional sectors;
-Strong tax contributions, including income tax, National Insurance, and council tax;
-Entrepreneurship, with many establishing new small businesses that generate local employment;
-Extensive volunteering, particularly in community support, education, and church-based services.
These contributions demonstrate that BN(O) migrants are not a financial burden but a positive force for growth, community building, and public service. Preserving the original ILR pathway allows these contributions to continue uninterrupted.
5.2 Rapid and Successful Integration
Stable immigration status is essential for successful integration. Prolonged uncertainty—especially uncertainty tied to employment fluctuations—creates anxiety, inhibits long-term planning, and discourages deep social engagement.
Under the Government’s proposed reforms, BN(O) holders unable to meet the income requirement or B2 English test would be forced into prolonged periods of temporary status. This would:
-Restrict their access to certain occupations (such as sportsperson or sports coach);
-Delay their ability to fully integrate into civic and community life;
-Create long-term inequality between different cohorts of Hongkongers.
Maintaining the original five-year route to ILR supports social cohesion, allowing Hongkongers to invest confidently in their future in the UK.
5.3 Accelerated Transfer of MPF Assets
Allowing BN(O) holders to obtain ILR through the existing rules will accelerate the transfer of billions of pounds from Hong Kong’s MPF system into the UK economy. This influx of capital would:
-Strengthen UK investment markets;
-Support pension funds, savings institutions, and financial services;
-Boost consumption and business investment;
-Encourage entrepreneurship, creating local employment opportunities.
Rather than delaying capital movement, maintaining the current ILR pathway will foster economic stability and growth.
5.4 Increased Participation in Higher Education
Granting Hongkonger families a predictable 5-year route to ILR ensures that more students can qualify for home-fee status and UK student finance. This will:
-Increase participation in higher education;
-Equip the UK with a generation of highly skilled graduates;
-Build long-term cultural, academic, and professional links between Hong Kongers and local communities.
Hong Kong students are known for their strong academic performance, civic-mindedness, and high levels of social engagement. Encouraging their participation strengthens not only universities but also the broader UK society.
6. Conclusion
The BN(O) visa scheme represents one of the UK’s most successful and principled immigration policies of the past decade. It honours the United Kingdom’s historical commitments, provides refuge for those fleeing political repression, and strengthens local communities with new talent, investment, and cultural vitality.
The proposed changes—which include heightened English requirements, an annual earnings threshold, and extended settlement timelines for Hong Kong asylum seekers—risk undermining these achievements. They would disproportionately harm the most vulnerable groups, delay economic benefits to the UK, and erode trust in the integrity of the commitments made in 2021.
Reading Hongkongers CIC strongly urges the government to maintain the existing pathway to settlement for BN(O) holders and to provide a fair, humane, and consistent route to ILR for Hong Kong asylum seekers.
In doing so, the UK reaffirms its moral leadership, strengthens its economy, and upholds its longstanding commitment to the people of Hong Kong.
Dec 2025
[1] https://www.hongkongwatch.org/all-posts/2024/12/10/uk-parliament-holds-hearing-on-withholding-of-hongkongers-mandatory-provident-fund-mpf-savings