The new Statement of Changes to the Immigration Rules, including the sole representative / ‘representative of an overseas business’ visa, takes effect on 4 June 2020.
The new requirements include that you do not own or control the parent company either directly or indirectly:
“does not 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 any other arrangement”.
Also, you cannot make your wife the main applicant on a sole representative visa, and then come into the UK as the dependent, if cumulatively you and your wife own the majority shares in the company:
“where the [dependent] applicant is accompanying or joining a person granted entry clearance or leave to enter or limited leave to remain as the sole representative of an overseas business within the meaning of paragraph 144(ii)(a), the applicant does not 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 any other arrangement”.
The new sole representative (representative of an overseas business) eligibility requirements from 4 June 2020 are:
The overseas parent company will need to:
Be an active and trading overseas business;
1. Have, and continue to have, its headquarters and principal place of business outside the United Kingdom;
2. Have no active branch, subsidiary or other representative in the UK;
3. Intend to establish and operate a branch or wholly-owned subsidiary in the UK:
The branch or subsidiary will need to:
1. Actively trade in the same type of business as the overseas business;
2. Not be established solely for the purpose of facilitating the entry and stay of the sole representative;
3. Intend to maintain the centre of its operations overseas.
You will have to genuinely:
1. Have been recruited and taken on as an employee outside the United Kingdom, by the overseas parent company;
2. Be an existing senior employee of the overseas business;
3. Have the skills, experience and knowledge of the overseas business necessary to undertake the role of sole representative of the overseas business in the UK;
4. Have full authority to negotiate and take operational decisions on behalf of the overseas business;
5. Intend to be employed full-time as a representative of the overseas business;
6. Not engage in business of your own or represent any other business in the United Kingdom;
7. Not 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 any other arrangement;
8. Speak and Understand English to CEFR Level A1;
9. Be able to maintain and accommodate yourself and your dependents.