5.1 In paragraph 144, after “are that he” add “genuinely”.
144.Therequirements to be met by a person seeking leave to enter the United Kingdom as a representative of an overseas business are that he genuinely: 尽管在这个部分只增加了一个词,但是增强了对于申请人背景真实性的考察,意味着首代申请过程中的面试几率有可能会增加。
5.2 In paragraph 144(i), after “a business which has” add “, and willcontinue to have,”
144(i)hasbeen recruited and taken on as an employee outside the United Kingdom of abusiness which has, and will continue to have,its headquarters and principal place of business outside the United Kingdom;and
强调了在英国境外母公司经营的持续性,对于大部分申请人来说,这个要求还是容易达到的。
5.3 For paragraph 144(ii)(a), substitute:
144(ii)(a) as a senior employee of an active and trading overseas business which has no active branch, subsidiary or other representativein the United Kingdom for the purpose of representing that business in theUnited Kingdom by establishing and operating a registered branch orwholly-owned subsidiary of it, where that branch or subsidiary will activelytrade in the same type of business as that overseas business and is not being established solely for the purpose off acilitating the entry and stay of the applicant; or
更新后的法条强调了 active and trading,并且要求英国子公司/分公司为母公司业务带来积极影响。也就是说,在申请续签和永居的过程中,对于证明子公司/分公司商业活动的材料要求更高了。
5.4 For paragraph 144(iii)(a), substitute:
144(iii)(a)will be the sole representative of that overseas business present in the United Kingdom under the terms of this paragraph, with the skills, experience and knowledge ofthe business necessary to undertake that role, and the full authority tonegotiate and take operational decisions on behalf of that business; 在这里可以看到,对于海外首席代表本人的要求提高了。强调了申请人自身的能力,工作经验和要对于子公司/分公司决策进行全权掌控。
5.5 For paragraph 144(iii)(b) “intends to be employed full time as arepresentative of that overseas business” substitute:
144(iii)(b) isan existing senior employee of that overseas business who intends to Page 4 of24 be employed full time as a representative of that business and will notengage in business of his own or represent any other business’s interest in theUnited Kingdom;”
强调了海外首席代表不得在英国开展与子公司/母公司无关的其他的业务。
5.6 For paragraph 144(iii)(c) “is not a majority shareholder in that overseas business;” substitute:
144(iii)(c)does not have a majority stake in, or otherwise own or control, that overseasbusiness, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement;”.
5.7 In paragraph 144(iii)(d)(1), after “distribution” add “or ownership”.
144(iii)(d)(1) a full description of the company’s activities, including details of thecompany’s assets and accounts and the company share distribution or ownership for the previous year;
5.8 In paragraph 144(iii)(d)(4), for “is fully familiar with the company’sactivities and has full powers to negotiate and take operational decisionswithout reference to the parent company” substitute: “has the relevant skills,experience, knowledge and authority as outlined in (iii)(a)”.
(4)a letter confirming the applicant has the relevantskills, experience, knowledge and authority as outlined in (iii)(a); and
在这个部分再次强调了首代申请人的个人资历,并且需要在母公司出具的派遣信中体现出来。
5.9 In paragraph 147(ii)(b), after “subsidiary” add “which they established in the UK in accordance with paragraph 144 of these rules”.
(b)that he is employed full time as a representative of that overseas business and has established and is in charge of its registered branch or wholly owned subsidiary which they established in the UK in accordance with paragraph 144 of these rules;
在这个部分再次强调了,首代申请人只能为英国子公司/分公司工作。
5.10 In paragraph 194, at the end of sub-paragraph (viii) after “entry inthis capacity” insert: “; and (ix) where the applicant is accompanying orjoining a person granted entry clearance or leave to enter or limited leave toremain as the sole representative of an overseas business within the meaning ofparagraph 144(ii)(a), the applicant does not have a majority stake in, orotherwise own or control, that overseas business, whether that ownership orcontrol is by means of a shareholding, partnership agreement, soleproprietorship or any other arrangement”.
(viii)the applicant holds a valid United Kingdom entry clearance for entry in this capacity; and
(ix) where the 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 paragraph144(ii)(a), the applicant does not have a majority stake in, or otherwise ownor control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement. 呼应上文144段落中的对子公司/分公司控股要求,再次强调了首代申请人的家属同时也不可以作为大股东,不可个人拥有或控制子公司/分公司。也就是说如果申请人的家属如果是母公司的重要股东,那么将有拒签的风险。