Changes to the UK Immigration Act 2020
Latest changes to the UK 2020 immigration system: The Home Office announced changes to immigration laws on May 14, 2020, proposing that individual representatives in the Overseas Business Visa category be closed from 4 June 2020.
This is probably due to the fact that this method of immigration has become morepopular after the closure of the Grade 1 (Entrepreneurship) visa, which has been replaced by a less generous program.
Compared to other immigration regulatory programs, the requirements for representing a business abroad were relatively simple. The category is for overseas business employees who are not present in the UK, and are sent to establish a branch in the UK. The following changes are made to you in this category:
A new condition is stated in the latest changes to the UK 2020 immigration system, which states that the branch or subsidiary of overseas jobs “was not created solely to facilitate the applicant’s entry and residence”. This change will prevent a representative from an overseas business from entering the UK to facilitate their entry into the UK if there is no real plan to establish a branch or subsidiary.
A real overseas business can have a senior employee and demonstrate to management the ability to be able and willing to help the company open a branch in the UK. This employee will have no problem moving his family to England.
Overseas companies must actively trade
The latest changes to the UK’s immigration system in 2020have added transparency that shows that overseas businesses must be active and doing business and that they intend to maintain their main place of business outside the UK. It is now emphasized that foreign companies must actively trade. The parent company must have its head office and main business outside the UK and continue to have it in the future.
Applicant skills, experience and knowledge
Prior to the announcement,the latest changes to the UK 2020 immigration system in relation to these immigration laws made no mention of the applicant having the “skills, experience and knowledge” required to act as the individual representative of an overseas company. The law now also states that the applicant must have “relevant business skills, experience and knowledge” which again is open to interpretation and not necessarily an objective assessment. It is now necessary for the employer to confirm in a letter that the applicant Have the necessary skills, experience, knowledge and authority to negotiate and make operational decisions on behalf of the company. However, it is unclear whether employer approval will be sufficient for the purposes of the Ministry of the Interior.
In addition, the applicant must be a senior employee of the company and cannot participate in their personal or other occupations in the UK.
Overseas company ownership
Amendments have been made tothe latest changes to the UK Immigration System 2020to show that ownership of overseas jobs is not limited to shared jobs. The individual representative should not have the largest shareholder or otherwise should own or control that company overseas, this ownership can be through a shareholding, partnership agreement, personal ownership or any other case. From the draft of the regulations (or otherwise its ownership or control) it appears that an individual representative cannot own or control foreign trade in any way.
Prevent the entry of relatives of the majority owners
A new requirement has been added to prevent the entry of majority company owners as affiliated candidates, civil partners, unmarried or gay partners as the person’s own business representative. From now on, it is not possible for a personal partner to rely on the law with the condition of a majority in foreign trade and bring the owner of that business to the UK as a dependent.
A branch or subsidiary established in the United Kingdom
In the case of an individual representative visa extension program, it is specified that the branch or subsidiary must be established in the United Kingdom (not abroad).
The rules now include an “assessment of authenticity,” which states that an individual representative must “really” follow the rules. In addition to the rules, this allows decision-makers to decide, based on their own mental assessment, to reject the applicant’s application, as the applicant may comply with the rules, but they do not in fact comply with the rules because the Ministry of the Interior believes It does not matter that they really use it.
Some of these changes seem to be more transparent than the fundamental reforms. These are not extras and have always been mentioned in the guidelines, but they are very good in the regulations.