我想問 如果夫妻其中一人為BC 持有人(已續)，另一人為過期BNO 持有人，該名人士可否直接申請BC而非續領BNO?
The answer is no.
The BN(O) spouse will need to get a spouse visa to live in the UK in order to get Indefinite Leave to Remain (ILR) and then British Citizenship afterwards. The British Citizen will need to sponsor the non British Citizen spouse for an UK spouse visa. In short, you need to show the Home Office that -
1) You meet to financial requirement - £62,500 in cash savings for six months or the British Citizen spouse have been working in the UK for six months with a salary of £18,600.
2) Relationship proof - your marriage is a genuine marriage
3) Housing - you will have a place to live in the UK that is not too overcrowded.
If successful, the non British Citizen spouse gets the UK spouse visa for up to 33 months and then will need to renew the visa again in the UK once before applying for Indefinite Leave to Remain in the UK. Once you get ILR, you can apply for British Citizenship as long as you are still married to a British Citizen.
Please note that the whole family needs to move to the UK in order for the non British Citizen spouse to get an UK spouse visa (太空人 not allowed).
One more thing - if you are planning to get British Citizenship by moving to the UK with a spouse visa, I will apply for it using a BN(O) passport. The advantages of using a BN(O) passport over the HKSAR passport for an UK spouse visa are -
1) BN(O) passport holders with a long term UK visa can register to vote in all UK elections. Being on the electoral roll helps you to build up your own credit history in the UK.
2) BN(O) passport holders are being treated as Commonwealth citizens in the UK and therefore can apply for some jobs in the British civil service. HKSAR passport holders cannot apply for any British civil service jobs until they become British Citizens.