UK visa granted despite assault conviction: a BN(O) success story

The problem

Our client had been convicted of assaulting a police officer during a protest in Hong Kong and received an 11-month custodial sentence — just under the 12-month threshold that triggers mandatory refusal. The Home Office initially refused his BN(O) visa application, citing the violent conviction and possession of items that could be used as weapons.

Why refusal was likely

Under the Immigration Rules, where a person has received a custodial or suspended sentence of 12 months or more, the Home Office must refuse the application. Where the sentence is under 12 months, refusal is discretionary — but the Home Office can still refuse if it considers the offence caused 'serious harm': serious physical or psychological harm to a victim, or harm to a community. The facts looked concerning on paper.

Our strategy

We challenged the refusal on two fronts. First, we argued the offence did not cause 'serious harm'. Medical evidence confirmed the police officer sustained only minor injuries, was discharged from hospital the same day, and returned to work immediately — no fractures, no lasting harm. Second, we highlighted the political context. Our client had been a long-standing pro-democracy activist, and his conviction arose directly from protest activity preceding Hong Kong's national security law. Home Office guidance specifically acknowledges that discretion should be given to BN(O) applicants with convictions related to peaceful protest or free speech that would not constitute offences under UK law.

We first obtained an administrative review, arguing case-working error. When the review succeeded, we advised our client to withdraw his original self-prepared application — which lacked the supporting evidence needed — and to reapply with a fully prepared file. We then guided him through several rounds of further enquiries from the Home Office, responding carefully to each question.

Outcome

BN(O) visa granted. Our client is now in the UK with his wife, building a new life.

Get in touch

If you are in a similar situation — a criminal conviction, a refusal or a complex case involving your personal or political history — we can assess whether there is a route forward. We specialise in complex UK immigration cases, including those involving criminal records, refusals and politically sensitive backgrounds.