UK immigration sentiment spelling uncertainty for BN(O) holders

It would not be unprecedented for the British government to renege on its promise of citizenship for Hong Kong migrants, says former chief executive Leung Chun-ying, citing historical examples.

His comments follow a proposal by the right-wing Reform UK party, led by Nigel Farage, to abolish the system of indefinite leave to remain or ILR, a move that could impact Hongkongers who relocated to the UK under the British National (Overseas) visa scheme.

Leung, who is also a vice chairman of the Chinese People's Political Consultative Conference National Committee, expressed his concerns in a Facebook post yesterday.

He said the British Parliament possesses the supreme authority to revoke the naturalization promise made to BN(O) visa holders, explaining that as an elected body, it can amend laws, including the British Nationality Act, based on shifting public opinion.

"If it is the 'will of the people,'" Leung wrote, "Parliament can change the law so that BN(O) Hongkongers already in the UK cannot obtain British citizenship."

He also underscored that no law passed by Parliament can prevent a future Parliament from altering it.

To support his argument, Leung referenced the late 1970s and early 1980s, when the UK progressively stripped the right of abode in Britain from about 2.6 million Hong Kong residents who held a form of British nationality through a series of government papers and the subsequent Hong Kong (British Nationality) Order 1986.

He ended his post with the hashtags #BNO, #Right of Abode and #Go back on one's word.

Reform UK's new policy platform, unveiled Monday, advocates for a drastic tightening of immigration and welfare rules.

The party proposes scrapping the ILR system, which currently allows migrants, including BN(O) visa holders, to apply for permanent settlement after five years. Instead, visas would require renewal every five years.

The party claims this measure, aimed at significantly reducing new migrants' access to benefits, could save the Treasury up to 230 billion pounds (HK$2.4 trillion).

This development adds another layer of uncertainty for Hong Kong migrants as the current Labour government under Prime Minister Keir Starmer has also proposed tightening immigration rules, suggesting raising the general settlement requirement from five years to 10.

The BN(O) visa program, launched in 2021 by the previous administration, allows applicants and their dependents to apply for indefinite leave to remain and citizenship after living in the country for five years, plus an additional year for naturalization.