How is the five-year period for BNO permanent residence calculated? Are the years spent on a student visa not counted?

There are two things laid out beside me. One is the fee schedule from the Home Office effective April 8, 2026. On the page for BN(O) route, the two lines are short: 30 months £206, 5 years £285. The other is the page for settlement, which is £3,226 per person, with each spouse and child counted as one.

There is a five-year gap between the two pieces of paper. This one will go through the actual processing order: first, accurately calculate the dates, then check the absence, then check the route itself, then the exam, and finally the documents on the day of submission.

From which day does the five-year period start, and which periods do not count towards this five years?

BN(O) route's settlement requirements require holding a visa in the UK and being on the path to settlement for five consecutive years (HC 584 from October 8, 2026, will rephrase this as "on the path to settlement"). The key is these four words "on the path to settlement": BN(O) route itself, Skilled Worker, Dependent route, etc., are considered; Student, Graduate, Youth Mobility are not on the path to settlement, and none of these periods count towards the five years. A common example: entering the UK at the beginning of 2021 with BN(O), then studying a master's degree for one year, returning with a Graduate visa for one year, and then switching back to BN(O). The person has never left the UK, but the five-year cut-off date is pushed back by two years. There is another point to check first: the most recent visa must be on the BN(O) route , otherwise this settlement application cannot be made, and it has to be calculated based on the current visa route.

Days abroad: no more than 180 days in any 12 months

BN(O) is included in the list of eligible routes in the ‘Continuous Residence’ appendix, so the 180-day rule applies to it. Absences commencing on or after 11 April 2024 will be assessed against any rolling 12-month window, rather than being reset once per visa year or calendar year. Trips such as returning to Hong Kong to care for family members or taking extended holidays to visit relatives are most likely to be counted twice across the two windows. Keeping a daily log from the moment of arrival is far less hassle than back-tracking through your passport before submission. The 永居计算器 app can list the rolling window on a day-by-day basis, or you can create your own spreadsheet; the key point is to record the actual dates rather than estimated total days.

For those who switched their work visa partway through, should they switch back first?

This is my assessment; there are two possible scenarios.

If any aspect of your work visa – be it the employer licence or the salary threshold – is causing you sleepless nights, you should switch back to the BN(O) route six to nine months before the five-year mark to apply for permanent residency, rather than simply holding on to your work visa until it expires. The years spent on a work visa will still count towards the five-year requirement and will not be forfeited; the BN(O) route has no salary threshold, is not tied to a specific employer, and still only requires a B1 level of English, meaning there are far fewer variables to contend with. The BN(O) route allows you to apply whilst in the UK; the fees are the same as for applications from abroad, and switching to the 30-month tier costs £206 plus the IHS fee (adults: £1,035 per year). Conversely, if your work visa is stable, your salary meets the requirements, and there are only a few months left until it expires, there is no need to make a change; the fees for switching routes and for the IHS route will not be refunded even if you subsequently obtain indefinite leave to remain. If you’re unsure which category you fall into, for £5 on justiscript.com you can receive a written response from a practising UK solicitor within 24 hours on this specific issue – which is better value than paying an extra visa fee based on a hunch.

The consultation on the ‘earned settlement’ proposal, launched in November 2025, closed on 12 February 2026. The document lists the BN(O) route as eligible for a reduction of five years from the base year and therefore outside the scope of the consultation. The government’s response and amendments to the supporting regulations have not yet been published as of today; please refer to the GOV.UK notice.

Exams and the English language requirement: what does BN(O) need now for permanent residence?

The ‘Life in the UK’ test must be passed in accordance with the requirements set out in Appendix KOL UK, whilst the English language requirement, as per HK 60.1, stipulates a minimum B1 level in listening and speaking. Those under 18 and those aged 65 and over are exempt from these two requirements. The routes affected by the increase in the English language requirement to B2 from 26 March 2027 do not include BN(O). There is also a new provision for dependants: under HC 584, effective from 8 October 2026, dependent children under the age of 18 on the BN(O) route are not required to have completed five years’ residence themselves and may settle alongside their eligible parents.

On the day of submission: Can I still submit my application if my passport has expired?

This step is easily overlooked. The Home Office’s ‘Hong Kong British National (Overseas) route’ v14.0 (8 April 2026 edition) states: If you are verifying your identity using the UK Immigration ID Check app to apply for permanent residence, you may use an expired BN(O) or Hong Kong SAR passport, provided that it has been less than five years since its expiry date; if you choose to visit a UKVCAS service centre to provide biometric data, you may submit an expired passport or alternative documents such as a birth certificate that can confirm your identity and nationality. BN(O) status is lifelong and does not lapse with the expiry of the passport; therefore, encountering difficulties at this stage is usually simply a matter of having chosen the wrong verification method.

£3,226. There are no fee waivers, and payments are non-refundable even if your application is rejected, so please complete the first four steps before making payment.

Was there a period during those five years when you were a ‘Student’ or ‘Graduate’? If you recalculate using the criteria above, to which year is your expiry date pushed back? Have a chat in the comments section about which stage you’re stuck at.

This document is for reference only. For specific issues, please consult a licensed attorney.

[Data source] gov.uk/british-national-overseas-bno-visa/settle-in-the-uk；gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-8-april-2026；gov.uk/government/publications/hong-kong-british-national-overseas-route

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