02-12-2020

Hongkongers in Britain has received reports of difficulties from some BN(O)s in proving their right to work during job interviews. In some cases, employers are uncertain about the stamps for the LOTR status and they request a written proof issued by the Home Office to confirm the right to work. We sent a letter to the Home Secretary to ask for further clarification and actions to avail the information to British employers, such as specifying the rights coming with the LOTR stamp or issuing an official letter to relieve the doubts of the employers and the general public.

open letter 02-12-2020

On 2 Dec, HKB has sent a letter to the Home Secretary to ask for further clarification and actions to avail the information to British employers, such as specifying the rights coming with the LOTR stamp or issuing an official letter to relieve the doubts of the employers and the general public. Home Office addresses this concern today and announces on the website that:

BN(O) citizens and their dependants granted Leave Outside the Rules have the right to work in the UK.

BN(O) citizens can use a stamp in their passport as proof of their right to work – this is confirmed in list B, group 1 of the code of practice on preventing illegal working.

The stamp restricts their access to public funds but does not restrict their ability to work.

You won’t have to pay a penalty if you employ someone with this stamp in their passport and you’ve checked this allows them to work in the UK.

https://www.gov.uk/guidance/employing-bno-citizens-in-the-uk

Sample to explain LOTR status to UK employers:

Dear XX,

You might know there is a new visa issued by HMPO which is particular for Hong Kong British National (Overseas) Passport Holder.

Here is the reference: https://www.gov.uk/……/british-nationals-overseas……

The policy aimed to let BNO holder to work and study immediately in UK on January, but applicant can apply Leave Outside the Rules (LOTR) to work immediately before effect of the policy.

I am currently holding British passport with LOTR status and will apply the BNO visa immediately on January, which mean I am eligible to work in the UK.

p.s. Traveler visa will stated employment prohibited (quoted photo which can be searched from Google) for your easier reference. While LOTR chop only stated ‘No recourse to public funds’ only.

Here is the description of the LOTR status according to HMPO:

As a person with ‘Leave Outside the Rules’ you and your dependants can: work, study without hours limit while You cannot: get public funds, use the NHS for free (except for limited free services) – you’ll need full health insurance throughout your stay with ‘Leave Outside the Rules’

This is the description of BNO policy according to HMPO:

New immigration route for BN(O) citizens

The UK will open a ‘Hong Kong BN(O) Visa’ for BN(O) citizens and their close family members from January 2021.

You’ll be able to apply for this route from outside or inside the UK.

You’ll be able to apply to enter or remain in the UK for an initial period of 30 months, extendable by a further 30 months, or a single period of 5 years. You’ll be able to work and study but you won’t be able to access public funds such as social welfare benefits.

Hope this would make you easier to understand I am eligible to work in the UK immediately and do not require any work sponsor to apply/extend a working visa just as traditional T2 visa.

If there is anything I can provide you with that would be helpful, please let me know. Looking forward to hearing from you.

English