[2025] UKUT 00091 (IAC)

The first applicant is a citizen of Kyrgyzstan. On 13 February 2020, pursuant to an application submitted on 31 December 2019, she was granted leave to enter the United Kingdom for three years as the representative of an overseas business, Serena Transport LLC, a company incorporated in the United Arab Emirates (“Serena UAE”). That application was made, and granted, on the basis that the first applicant was a senior employee of Serena UAE, and that she would establish a UK-based subsidiary (referred to in this judgment as “Serena Euro”) that would be wholly-owned by Serena UAE. The 31 December 2019 application was made pursuant to para. 144 and following of the Immigration Rules as then in force.

The applicants entered the UK pursuant to the above entry clearance.

On 7 May 2020, the first applicant incorporated Serena Euro at Companies House. She was the 100% shareholder.

On 24 June 2020, the shareholding in Serena Euro was transferred to Serena UAE.

At some point before 8 August 2022, the shareholding in Serena Euro reverted to the first applicant.

On 12 October 2022, the second applicant was appointed as a director of Serena Euro.

At some point before 30 December 2022, the shareholding in Serena Euro was transferred back to Serena UAE.

On 30 December 2022, the following changes were registered at Companies House in respect of Serena Euro:

On 14 January 2023, the first applicant made an in-time application for further leave to remain under Appendix ROB, with the remaining applicants as her dependents. Para. 144 and the regime it established had by then been replaced by Appendix ROB.