Open Letter 公開信

02-12-2021

英國港僑協會 近日接獲不少在英港人的求助個案, 指出英國的僱主大多不清楚持有酌情入境權 (Leave Outside the Rules, LOTR) 的港人擁有工作及就學權,令港人在英國求職時遇上誤會和障礙。協會就事件去信英國內政部長, 向有關部門闡述有關情況,並建議對方列出入境戳章樣板及權利,或發出說明公函,以釋除僱主疑慮,令在英港人能夠盡快貢獻英國社會。

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.

11-Nov-2020 Update

十二月二日,本協會曾就英國僱主不清楚持有酌情入境 (Leave Outside the Rules, LOTR) 港人擁有工作及就學權的狀況去信英國內政部,並建議對方列出入境戳章樣板及權利,或發出說明公函,以釋除僱主疑慮。內政部今日回應有關問題時重申及發出說明,明確指出酌情入境權 (Leave Outside the Rules, LOTR) 的入境戳章有工作及就學權,以下公告可以資證實,配合說明。 請往下觀看,我們亦會附上向雇主說明及辨別 LOTR 的範本供大家參考:

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.

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