The Home Office published the ‘Statement of Changes CP 232’, on 14th May 2020 introducing certain changes to the prevailing UK Immigration Rules concerning certain categories of visas/immigration applications, these impacted the subsequent categories including Representative of a foreign business or Sole representative visa, Tier 2 intra company transfers, Start-up, Innovator and Global Talent, Restriction for Tier 4 (General) Students applying within the united kingdom , EU Settlement Scheme and EEA Family Permit, Family category (Spouse/Civil partner) [Appendix FM and FM-SE]

Whilst a majority of those changes are aimed toward further specifying and clarifying the underlying aspects of the Immigration Rules which were provided for within the guidance for those specific categories of visas or previously left for interpretation. The changes are to require effect from 4th June 2020 (majority of them).

They key focus of the changes (May 2020) to the only Representative category (entry clearance applications) is on the genuineness of the applicant.

Particularly that the applicant has been recruited and brought on as an employee outside the uk , by a business which has its headquarters and can still have its headquarters and principal place of business outside the UK;

Clarifying the rule on who are often a sole representative the applicant should be a senior employee of a lively and trading overseas business which has no active branch, subsidiary or other representative within the UK for the aim of representing that business within the uk by establishing and operating a registered branch or wholly-owned subsidiary of it,

the branch or subsidiary will actively trade an equivalent sort of business as that overseas business and isn't being established solely for the aim of facilitating the entry and stay of the applicant;

Read Eligibility and Requirements for UK Sole Representative of Overseas Business

The changes also emphasise that the applicant should be ready to demonstrate the talents , experience and knowledge of the business necessary to undertake that role, and therefore the full authority to barter and take operational decisions on behalf of that business.

It continues to emphasize that the applicant is an existing senior employee of that overseas business who intends to be used full time as a representative of that business and can not engage in business of his own or represent the other business’s interest within the United Kingdom;

To avoid this route getting used by majority owners of the business, the changes clarify that the applicant shouldn't have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or the other arrangement;

The major change introduced to the Sole-Representative (dependent partner) category was clarifying that where the applicant is accompanying or joining an individual granted entry clearance or leave to enter or limited leave to stay because the sole representative of a foreign business, the applicant doesn't have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or the other arrangement.

This is a big change as there have been no previous specifications (Rules) regarding the overseas employment/self-employment of the dependent partners of Sole-Representative visa holders.

If you would like to expand your business in the UK and would like to set up a wholly owned branch or subsidiary in the UK, contact our UK Immigration experts. At The SmartMove2UK our UK Immigration experts have helped applicants apply for entry clearance as Tier 1 Investors, Tier 2 applicants, Sole representatives of overseas business and other business visas. You can call us on +91 98191 27002 or email us at [email protected]