[2025] UKUT 00091 (IAC)

R (on the application of Tagaeva Baarinsa and Others) v Secretary of State for the Home Department (Appendix ROB: establishing wholly-owned subsidiary)

Heard at Field House

Judgment date: 4 February 2025

Before:

UPPER TRIBUNAL JUDGE STEPHEN SMITH

Between:

THE KING

on the application of

(1) Tagaeva Baarinsa

(2) Abdullah Nadiry (plus three others)

(NO ANONYMITY DIRECTION MADE)

Applicants

- and -

Secretary of State for the Home Department

Respondent

Mr Z. Nasim

(instructed by Lee Valley Solicitors) for the applicant

Mr T. Yarrow

(instructed by the Government Legal Department) for the respondent

(1) Para. 8.6(a) of Appendix ROB of the Immigration Rules requires an applicant to establish a UK-based registered branch or wholly-owned subsidiary, not facilitate the takeover of an existing and separately-owned UK-based entity.

(2) Para. 8.6(a) of Appendix ROB is not engaged where an overseas business acquires an existing, domestically-incorporated and separately-owned business that is later transferred to the ownership of the overseas business. The requirement for the UK-subsidiary to be wholly-owned is engaged at the point of establishment, not the application.

J U D G M E N T