Boris Johnson will commission a further review of the UK Immigration Rules

The new Prime Minister Boris Johnson confirmed today that he will ask the UK Immigration Advisory Committee (MAC) to undertake a review of the Points Based System (PBS). Mr Johnson has for many years advocated the introduction of an “Australian-style” system as the mechanism for immigration control in a post-Brexit environment.

Given the change in leadership at number 10, it appears that future UK immigration policy is under review. It is highly unlikely that the MAC will be able to produce a further report prior to the 31st October 2019 which, we are told, is the definitive date of departure from the EU. Inevitably there will have to be a transitional period to new immigration arrangements, either in the way envisaged by the Withdrawal Agreement to 2021 or by unilateral domestic provisions.

The MAC has already recommended changes to PBS in the context of a new one-world immigration framework when freedom of movement of EU citizens disappears. There will be specific questions addressed by Government to the MAC and to understand the precise parameters of the commission of this new report.

In his statement today the Prime Minister reinforced his Government’s commitment to preserving the right to remain of EU nationals currently living in the UK regardless of the Brexit outcome. He also emphasised his liberal credentials on migration policy and the fact that he understands the economic benefits of migration.

The new Home Secretary, Priti Patel, will commission the MAC report in the coming days.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – UK Visas 

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

Sole Representative Visa: Guidelines who can apply for this visa

Can an applicant on sole representative visa own shares in the UK company?

No, because when they apply to extend their leave and for indefinite leave to remain they will need evidence that all shares are held by the overseas parent company.

What if applicant doesn’t want to sell shares, or they would like to be a shareholder in the UK company?

If an applicant wants to maintain their shareholding in the company or hold shares in the UK company then, they CAN NOT apply for sole representative visa, however there are a number of other potential possible immigration routes:

  • Tier 1 (Investor)
  • Tier 2 (General)/(Intra Company Transfer)
  • Start-up Visa
  • Innovator Visa

What is a majority shareholder?

The Home Office guidance states that they will refuse applications where an applicant’s shareholding is more than 50% of the available shares. This means an applicant can still be the largest shareholder, providing they do not own more than 50%.

Applicant’s business doesn’t have shares?

If their business does not have shares, then there are no specific requirements as to the control applicant can have over it.

However, they should bear in mind that a purpose of the shareholding requirement is to ensure that the representative is genuinely a senior employee who will work to establish the business. If the employee has the ability to control their own assignment, then this could lead to the application being subject to a higher degree of scrutiny than usual.

Can an applicant simply sell their shares in the overseas business on sole representative visa?

Yes, they can sell them. However, it is required that they provide the previous year’s share register when applying, so they will need to provide evidence of selling their shares since then, and an updated share register.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – SOLE REPRESENTATIVE VISA

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.